1995/04/18CITY OF ANAHEIMt CALIFORNIA - COUNCIL MINUTES
APRIL 18t 1995
The City Council of the City of Anaheim met in regular session.
PRESENT:
PRESENT:
ABSENT:
PRESENT:
MAYOR: Daly
COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
DEPUTY CITY ENGINEER: Russell Maguire
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER: Gary Johnson
POLICE CHIEF: Randall Gaston
CAPTAIN OF COMMUNITY POLICING BUREAU: Jackie Parra
DIRECTOR OF PARKS, RECREATION & COMMUNITY SRVCS/GOLF: Chris Jarvi
SUPERINTENDENT OF PARKS AND GOLF: Jack Kudron
TRAFFIC AND TRANSPORTATION MANAGER: John Lower
ASST. GENERAL MANAGER - ELECTRIC SERVICES: Brian Brady
JTP MANAGER: Marge Pritchard
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 2:45 p.m. on April 14, 1995 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Daly called the meeting to order at 3:10 p.m.
REQUEST 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:
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 54956.9(a) - EXISTING LITIGATION:
Name of case: Anaheim Stadium Associates v. City of Anaheim, Orange
County Superior Court Case No. 44-81-74.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT
CODE SECTION 54956.9(a) - EXISTING LITIGATION:
Name of case: Schreyer v. City of Anaheim, Case No. SACV 95-62-
GLT(EE).
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: 2000 Gene Autry Way (Anaheim Stadium Property)
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - April 18, 1995
Negotiating parties: City of Anaheim and the Golden West Baseball
Co.
Under negotiation: Price and terms
CONFERENCE WITH LABOR NEGOTIATOR
Agency negotiator: Dave Hill
Employee organization: Anaheim Police Association
LIABILITY CLAIMS
Claimant: Natividad Garcia
Agency claimed against: City of Anaheim
RECESS: Mayor Daly moved to recess into Closed Session. Council Member Zemel
seconded the motion. MOTION CARRIED. (3:11 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.
(5:25 p.m.).
INVOCATION:
Pastor Jimmy Gaston, State College Church of Christ, gave the
invocation.
FLAG SALUTE:
Council Member Frank Feldhaus led the assembly in the Pledge of
Allegiance to the Flag.
119: PROCLAMATIONS: The following proclamations were issued by Mayor
Daly and authorized by the City Council:
Recognizing Volunteer Connection Day, April 22, 1995
Recognizing the week of April 23 - 29, 1995,
as "The Week of the Young Child" in Anaheim
Dyann Romero accepted the Volunteer Connection Day Proclamation and Leslie
Pontious accepted the Week of the Young Child Proclamation.
119: THE FOLLOWING WERE RECOGNITIONS AUTHORIZED BY THE CITY
COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME:
Recognizing April 25, 1995, as Youth Service Day 1995 in Anaheim
Designating April 23, 1995, as Let's Make A Difference Day in Anaheim
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,653,330.19 for
the period ending April 9, 1995 and $2,795,113.76 for the period ending
April 17, 1995, in accordance with the 1994-95 Budget, were approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency, Housing Authority and Anaheim Public Financing Authority meetings.
(5:35 p.m.)
Mayor Daly reconvened the City Council meeting for a Joint Public Hearing with
the Redevelopment Agency. (5:40 p.m.)
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CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - April 18, 1995
123: REDEVELOPMENT AGENCY/CITY COUNCIL REGARDING THE DISPOSITION
AND DEVELOPMENT AGREEMENT BETWEEN THE ANAHEIM REDEVELOPMENT
AGENCY AND WALTZ & WALTZ DEVELOPMENT AND RESTORATION CONSULTANTS
AND ASSOCIATES PERTAINING TO GRIMSHAW HOUSE AND COTTAGE:
LOCATION: 105 N. Rose Street and 108 N. Vine Street.
Lisa Stipkovich, Executive Director of Community Development. The Public
Hearing is necessitated because State law requires any disposition of property
by the Redevelopment Agency also be approved by the City Council. The
proposal involves the restoration of two historic homes moved to the subject
location by Mr. Ron Waltz, the developer. The proposed agreement indicates
the terms and conditions of the Disposition and Development agreement. She
briefed the three-page staff report from the Community Development Department
dated April 18, 1995 which explained the proposal and recommendation in detail
(report made a part of the record). She also explained for Mayor/Chairman
Daly the Redevelopment Agency no longer provides forgivable rehabilitation
loans but there are many other programs that the Agency offers such as the
First-Time Homebuyer's Program.
The Public Hearing was opened.
Jeff Kirsch, 2661 W. Palais, Anaheim. He asked for information on the fair
market value of the property as opposed to the reuse analysis.
There was no further public input. The Public Hearing was closed.
Mrs. Stipkovich answered the question posed by Mr. Kirsch.
Agency Member Daly offered Resolution No. ARA95-5 for adoption. Refer to
resolution book.
RESOLUTION NO. ARA95-5: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT WITH RON WALTZ; AND MAKING
CERTAIN ENVIRONMENTAL AND OTHER FINDINGS WITH RESPECT TO SAID AGREEMENT AND
THE PROJECT TO WHICH IT PERTAINS.
Roll Call Vote on Resolution No. ARA95-5 for adoption:
AYES:
NOES:
ABSENT:
AGENCY MEMBERS:
AGENCY MEMBERS:
AGENCY MEMBERS:
Tait, Lopez, Zemel, Feldhaus, Daly
None
None
The Chairman declared Resolution No. ARA95-5 duly passed and adopted.
MOTION: Agency Member Daly moved to approve the Basic Concept drawings and
landscape plans for the project, and granting the Agency Executive Director
authority to approve the final construction drawings, if in substantial
conformance with the concept plans; and further authorizing the Community
Redevelopment Commission to approve the color and material boards. Agency
Member Zemel seconded the motion. MOTION CARRIED.
Mayor Daly offered Resolution No. 95R-55 for adoption. Refer to resolution
book.
RESOLUTION NO. 95R-55: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE
ANAHEIM REDEVELOPMENT AGENCY AND RON WALTZ; AND MAKING CERTAIN ENVIRONMENTAL
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - April 18, 1995
AND OTHER FINDINGS WITH RESPECT TO SAID AGREEMENT AND THE PROJECT TO WHICH IT
PERTAINS.
Roll Call Vote on Resolution No. 95R-55 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 95R-55 duly passed and adopted.
Mayor Daly recessed the City Council Meeting (5:54 p.m.).
Mayor Daly reconvened the City Council meeting. (5:57 p.m.)
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
Daniel Alatore, 1154 W. Hampshire St., Anaheim. Every Winter, there are many
streets in Anaheim that flood when it rains. He suggested the City could use
some grant money to correct the problem. Hampshire Street gets a lot of
runoff from the buildings on West Street which causes a lot of green and
mosquitoes. The City should also do something about all the empty lots in the
City because they are unsightly and chase tourists away.
Will B. King. He is not happy about the money spent on the Orange County
Bankruptcy.
PUBLIC COMMENTS - AGENDA ITEMS:
Public input received on Items A20, A23, A24 and Cl (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
April 18, 1995. Council Member Feldhaus seconded the motion. MOTION
CARRIED.
CITY MANAaER/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. 95R-56 through 95R-59, both
inclusive, for adoption and offered Ordinance No. 5489 for adoption. Refer to
Resolution/Ordinance 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 George Giroux for property damage sustained
purportedly due to actions of the City on or about November 26, 1994.
b. Claim submitted by Ramon Silva, c/o Mark L. Gunn, Esq., for bodily
injury sustained purportedly due to actions of the City on or about
February 11, 1995.
CITY OF ANAHEIM, CALIFORNI~ - COUNCIL MINUTES - April 18, 1995
c. Claim submitted by Thomas C. Fu for property damage sustained
purportedly due to actions of the City on or about December 7, 1994.
d. Claim submitted by Sandra Stokes, c/o Jay Adam Sills, Esq., for
property damage and bodily injury sustained purportedly due to actions of
the City on or about November 30, 1994.
e. Claim submitted by William Stokes, c/o Jay Adam Sills, Esq., for
property damage and bodily injury sustained purportedly due to actions of
the City on or about November 30, 1994.
f. Claim submitted by Natividad Garcia, c/o Craig Steven Walkon, Esq.,
for property damage and bodily injury sustained purportedly due to actions
of the City on or about February 1, 1995.
g. Claim submitted by Allstate Insurance, Attn: Subrogation Dept., Claim
No. 2044481352 ETL, Insured: Natividad Garcia, for property damage and
bodily injury sustained purportedly due to actions of the City on or about
February 1, 1995.
h. Claim submitted by Joan Kourkos for bodily injury sustained
purportedly due to actions of the City on or about October 1, 1994.
i. Claim submitted by Mercury Insurance Group, Attn: Anna Nabi, Claim No.
MF 004245-19, Insured: Jennifer Morabe, for property damage and bodily
injury sustained purportedly due to actions of the City on or about
October 31, 1994.
A2. 105: Receiving and filing minutes of the Golf Advisory Commission
meeting held February 23, 1995.
Council Member Feldhaus. In the Golf Commission minutes, reference was made
to a letter received from American Golf. He has not seen that letter. The
minutes also indicated staff responded to questions from the Commission. He
would like to know what those questions were and the concerns expressed. In
the future, the minutes need to elaborate further so the Council can be aware
of the thinking of the Commission.
105: Receiving and filing minutes of the Anaheim Private Industry Council
meeting held January 26, 1995.
105: Receiving and filing minutes of the Community Redevelopment Commission
meeting held February 15, 1995.
105: Receiving and filing a Disclosure of Property Interests in Redevelopment
Areas as submitted by Paul Bostwick.
117: Receiving and filing a Summary of Investment Transactions for March,
1995, as submitted by the City Treasurer.
128: Receiving and filing the Monthly Financial Analysis presented by the
Director of Finance for eight months ended February 28, 1995.
Council Member Feldhaus. He referred to the Monthly Financial Analysis by the
Director of Finance which indicated that revenues are less than anticipated or
expenditures are less than anticipated.
CITY OF AN~HEIM, CALIFORNIA - COUNCIL MINUTES - April 18, 1995
City Manager, James Ruth. Throughout the year, there are always variances.
At times, revenues are carried over to the following month and expenditures
have been held back throughout the City. Staff tries to explain those in
limited terms. If there are any questions, Council Members should not
hesitate to call Finance.
A3. 169: Awarding the contract to the lowest responsible bidder, R.J. Noble
Company, in the amount of $153,929.95 for Ball Road Street Improvement
(Anaheim Boulevard to Harbor Boulevard); and in the event said low bidder
fails to comply with the terms of the award, awarding the contract to the
second low bidder, as well as waiving any irregularities in the bids of both
the low and second low bidders.
A4. 169: Awarding the contract to the lowest responsible bidder, R. J. Noble
Company, in the amount of $328,539.40 for Ball Road Street Improvement (East
Street to Anaheim Boulevard); and in the event said low bidder fails to comply
with the terms of the award, awarding the contract to the second low bidder,
as well as waiving any irregularities in the bids of both the low and second
low bidders.
A5. 135: Awarding the contract to the lowest responsible bidder, Tracy and
Ryder Landscape, in the amount of $1,221,588 for Anaheim Hills Golf Course
Irrigation System Replacement; and in the event said low bidder fails to
comply with the terms of the award, awarding the contract to the second low
bidder, as well as waiving any irregularities in the bids of both the low and
second low bidders.
Council Member Tait. He is not opposed to this item, but would like an
additional week to study it further if it will not cause a problem and no cost
is involved.
Chris Jarvi, Director of Parks, Recreation and Community Services. The
contract, at this point, cannot be extended unless approved by the contractor.
Since that was the case, Council Member Tait then posed questions relative to
the source of the funds which were answered by Mr. Jarvi specifically that it
is not General Fund money.
A6. 123: Approving an Agreement with the City of Orange to install traffic
signals and safety lighting at the intersection of Loma Street and Via Escola.
Council Member Feldhaus asked why the General Fund is used at all on this
proposed project.
John Lower, Traffic and Transportation Manager. It i~ a Ceneral Fund
expenditure and pays for Anaheim's share of the energy and maintenance. It is
an Engineering account but supported by the General Fund; Mayor Daly suggested
the concern of Council Member Feldhaus could be discussed at the City
hearings.
Mayor Daly also noted that residents to the north of the subject intersection
have requested that a stop sign or some kind of control device be installed at
their street as well.
John Lower. Staff has received a series of letters from residents who take
access off Big Sky Lane. Thursday there is a "kickoff" meeting for a Traffic
Engineering study awarded to Wes Pringle Associates. The consultant will look
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CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - April 18, 1995
at the full stretch of Imperial from the south City limits up to Santa Ana
Canyon Road to identify operational and safety improvement recommendations.
A7. 167: Amending the Department of Public Works Capital Improvement
Projects budget for FY 94/95 by increasing revenues and expenditures by
$170,000 for the installation of a traffic signal on La Palma Avenue, west of
Imperial Highway.
A8. 169: Rejecting all bids for the Anaheim Museum Site Improvements
project.
A9. 132: ORDINANCE NO. 5489: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTIONS 10.12.010 AND 10.12.040 OF CHAPTER 10.12 OF TITLE 10 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO MAINTENANCE OF THE WASTEWATER COLLECTION AND
DISPOSAL SYSTEM. (Introduced at the meeting of April 4, 1995, Item A6.)
Al0. 123: Accepting the low bid, and authorizing the execution of an
Agreement with Day-Lite Maintenance, in an amount not to exceed $30,000 for
electronic display system maintenance at Anaheim Stadium for one-year
beginning April 19, 1995, with options to renew for two one-year terms, in
accordance with Bid #5362.
All. 123: Waiving Council Policy 306, and authorizing the execution of an
Agreement with Filenet Corporation, in an amount not to exceed $135,000 for
annual maintenance costs for the Filenet Records Management System at the
Police Department.
Council Member Feldhaus abstained on this item due to a conflict of interest.
A12. 184: Reviewing the need for continuing the Sixth Proclamation of the
Existence of a Local Emergency issued by the Director of Emergency Services on
January 3, 1995, concerning the Santiago Landslide and Pegasus Landslide in
the City of Anaheim; and taking no action to terminate the local emergency at
this time.
Al3. 123: Approving an Amendment to the Agreement with McDermott, Will &
Emery for legal services regarding the names of attorneys authorized to
perform services for the City.
Al4. 112: RESOLUTION NO. 95R-56: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE CITY ATTORNEY, ON BEHALF OF THE CITY OF
ANAHEIM, TO JOIN IN AMICUS CURIAE BRIEFS.
Mayor Daly asked if there is some urgency or expediency to have a blanket
request relative to the subject.
City Attorney White. In the last few months, an increasing number of requests
have been received to participate in briefs. Some are received at a date when
it is not possible to go through the normal agenda process. Some may not be
worth the trouble of placing on the agenda because they are of a mundane
nature. He would not propose to lend the City's name to controversial items
without bringing them to the Council's attention. He confirmed that the
request is entirely consistent with previous direction.
Al5. 123: Approving the Comprehensive Settlement Agreement re Orange County
Investment Pools by and among the County of Orange and certain school
districts, special districts, cities and other public agencies and
instrumentalities, including the City of Anaheim, and authorizing the City
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - April 18, 1995
Attorney to execute and deliver Exhibit 4 thereof, Option A , ("Agreement to
Become a Settling Non-County Pool Participant") for and on behalf of the City
of Anaheim.
Council Member Lopez. For the record, he was not a member of the City Council
when the City invested the $169 million in the County Pool or, he did not
believe, when the County went bankrupt. (Co. Lopez was sworn in as a Council
Member on November 29, 1994. The County declared bankruptcy on December 6,
1994.)
Al6. 123: Approving an Agreement with the IBI Group, in the amount of
$53,000 for consultant services to prepare a concept plan for a new Anaheim
Hills Golf Course community clubhouse. (Continued from the meeting of March
28, 1995, Item A9.)
City Manager Ruth updated Council Member Zemel on the proposed agreement
noting that staff in recommending the award to IBI has followed criteria
consistent with past practices, the company meets the criteria and has the
necessary qualifications. Once approved, there is no commitment on the part
of the City to award the design of the facility to this firm.
Jack Kudron, Superintendent of Parks and Golf and Chris Jarvi then answered
additional questions posed by Council Member Zemel. It was very clear that
the proposal was for the conceptual plan only, an estimated 6-month time frame
is involved, specific functions that IBI will perform are listed in the
contract, etc. City Attorney White also confirmed for Council Member Zemel
that his office continues to believe that the process the City follows under
Council Policy 401 complies with the legal requirements under State law and
all of the City's other legal obligations. Nothing in the statute says that
the City cannot ask for price at ~the same time they ask for qualifications.
He does not believe anybody was opbosed to the process they followed at the
time proposals were submitted, i .
Relative to local businesses, there is a Council Policy on purchases where
there is a sales tax imposed, the City allows local bidders a 1% preference in
their bid because the City gets the sales tax back. Contracts, either by
State statute, ordinance, or policy are required to be awarded to the lowest
bidder. In those situations, the City cannot give a local preference other
than the 1%. On the subject agenda item where there is no requirement to
award to the lowest qualified bidder and, in fact, there is a prohibition in
doing so, they look at qualifications first and price second.
Al7. 123: Approving an Agreement with the North Orange County Regional
Occupational Program to provide student recreation leadership volunteers; and
authorizing the Parks, Recreation & Community Services Department Director to
execute the Agreement on behalf of the City.
A18. 139: Authorizing the following action recommended by Intergovernmental
Relatlon~ (Continued ~rom the meetlng~ o~ 2/21/95, Item A14, ~/2~/95, Item
Al8, and 4/4/95, Item Al2).
SB 74 (Leonard) regarding concealed weapon permits - OPPOSE.
Council Member Tait. He has a problem with this. There are aspects he does
like, one of which is local control. He would like to see no opinion from the
City. He is going to vote no.
8
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - April 18, 1995
Al9. 153: RESOLUTION NO. 95R-57: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 92R-22 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS ADMINISTRATIVE MANAGEMENT.
(Stadium/Convention Center Financial Accounting Manager.)
A20. 123: Approving an Agreement with County Sanitation District No. 2 of
Orange County (District 2) for the discharge of wastewater from the Public
Utilities Department's Lenain Treatment Plant; and authorizing the Public
Utilities General Manager to execute said Agreement and related documents on
behalf of the City.
Mr. Phil Knypstra, 2520 Gelid, Anaheim. Although this recommendation appears
to be harmless, he feels it is not. He relayed some figures which reflected a
substantial increase to the consumer/taxpayer on their property tax bill. He
urged the Council Member who represents Anaheim on the Board of the Orange
County Sanitation District to keep a close watch on what the district is going
to do under this contract because they are going to do it to everybody.
Brian Brady, Assistant General Manager-Electric Services. He explained for
Council Member Lopez and Mayor Daly that this will not effectively impact the
price of water on a $25 million base. Seventy-six thousand dollars is not a
great impact. They believe it is a reasonable fee for this type of water.
The chemicals used in the process of treating water are difficult to remove
and this is a good alternative for the Utilities.
A21. 139: RESOLUTION NO. 95R-58: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM CONCERNING INTERVENTION IN LITIGATION CHALLENGING MEASURE A.
A22. 114: Approving minutes of the Anaheim City Council meetings held March
28, 1995, and April 4, 1995.
A23. 149: RESOLUTION NO. 95R-59: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ESTABLISHING A "NO PARKING" AREA IN THAT AREA LOCATED
GENERALLY NORTH OF ORANGEWOOD AVENUE AND EAST OF HASTER STREET.
(Leatrice/Wakefield neighborhood.)
The following people spoke on this item:
Roberta Webb, 1838 S. Janette Ln., Anaheim - In Favor
Benny Hernandez, President, South Anaheim Neighborhood Council (SANC) -
Opposed at this time
Allen Dowger, 106 E. Leatrice, Anaheim - In Favor (with reservations)
Erin Sher, 105 E. Wakefield, Anaheim - In Favor (with reservations)
Louis Carillo, (SANC), 230 E. Vermont, Anaheim - Opposed
Lila Jagers, 141 E. Wakefield, Anaheim - In Favor
Mike Gordon, 123 Leatrice, Anaheim - Opposed
Ian Compton, 136 W. Bluebell, Anaheim - Resident, nearby single-family area
Richard A. Menarsh, 201 Leatrice, Anaheim - Opposed
Minnie Ripley, Wakefield-Leatrice area (30 years) - In Favor
Those who spoke in favor, residents of the area, felt that a ban on parking
would assist the Police in fighting crime in the area and the Council should
provide that assistance. The residents need to do something about the gang
and drug problem in the area and this is a positive move in that direction.
Those who spoke in opposition or with reservations should there be no parking
were mainly the apartment owners speaking for themselves or their tenants who
are concerned that if parking is eliminated, it will have a detrimental effect
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - April 18, 1995
on present tenants, discourage future potential tenants and cause serious
economic problems. While the ban on parking in the Buena-Clinton area proved
to be successful, it was due to the fact that other space was available for
vehicle parking. Other comments were that more time needs to be spent looking
at other solutions, a "broad brush" approach should not be taken, residents of
the SANC should be invited to assist in coming up with solutions, members of
the Community Policing Team should be able to speak Spanish, establishing no
parking is moving too fast.
One citizen, resident of a nearby single-family area, expressed concern that
the parking problem would then shift to his area since only a short distance
is involved.
Police Chief, Randall Gaston. A great deal of research has gone into what
measures might be employed to enable the Police Department to do a better job
in this area which now takes thousands of hours of Police time. The Police
have also worked closely with other City departments. (See minutes of the
Workshop held before the City Council on March 28, 1995.) They also made a
maximum effort to notify residents of the meetings held both in English and
Spanish. The results were disappointing. A large number of apartment garages
are not being used for vehicles, but for storage. All garages were counted,
the number of spaces in the street, and other spaces that could be used for
vehicles. They share the concern relative to displacement caused by the
parking ban. There are areas in the City governed by permit parking which
could also be implemented in the nearby residential areas.
Police Department efforts are directed towards having Police Officers working
in the area 24 hrs. a day to determine who belongs in the area. It is a
hazardous area to drive in with high density and many children. He confirmed
for the Mayor that relative to the concern expressed that tenants will then
park in single-family residential areas, the situation will be monitored in
order to clearly assess what impact there might be. Permit parking was
implemented in a similar situation near the Convention Center.
Chief Gaston then answered questions posed by the Mayor relative to the number
of spaces that will be available after garage space is once again used for
cars and the availability of other parking on private property.
Captain Jackie Parra, Police Department. Two-hundred eighty spaces are
identified as a net gain which does not take into consideration other areas
adjacent to parking structures and garages where the City can help to build
parking pads for vehicles. He urged that Council, staff, apartment owners and
residents understand the big picture and to visualize in six months to a year
from now what the community will look like. This is not a Police action but a
community partnership. The proposal is supported by a significant number of
City entities. It is a window of opportunity to gain some stabilization in
that community.
Council Member Feldhaus. The proposal is for a pilot project of one year and
if in two months or six months there is a problem, undoubtedly the Police will
recommend changes.
Council Member Lopez. The important issue is quality of life. Captain Parra
reported that the crime rate dropped dramatically in the Buena-Clinton area
when such a program was instituted.
Mayor Daly. The Council held a Workshop on this issue on March 28, 1995 and
the Police Department and other City departments provided extensive
10
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - April 1.8, 1995
information on the rationale for recommending no parking in the
Leatrice/Wakefield area.
Roll Call Vote on Resolution Nos. 95R-56 through 95R-59, both inclusive, for
adoption:
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-56 through 95R-59, both inclusive, duly
passed and adopted.
Roll Call Vote on Ordinance No. 5489 for adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
Tait, Lopez, Zemel, Feldhaus, Daly
None
None
The Mayor declared Ordinance No. 5489 duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED. Council Member Feldhaus abstained
on Item All.
Consent Calendar Agenda Items A2 (Golf Commission minutes and the Monthly
Financial Analysis), A5, A6, Al5, Al6, Al8 and A20 were voted upon separately
and all approved on Motion by Mayor Daly, seconded by Council Member Feldhaus.
Council Members Tait and Zemel voted No on Item A18. MOTION CARRIED.
A24. 000: ORDINANCE NO. :
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING CHAPTER 10.12
OF TITLE 10 OF THE ANAHEIM MUNICIPAL CODE ESTABLISHING A SEWER IMPACT AND
IMPROVEMENT FEE FOR NEW AND EXPANDED DEVELOPMENT IN THE SOUTH CENTRAL CITY
AREA.
RESOLUTION NO. : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 63-R-1 BY ADDING A SEWER IMPACT AND
IMPROVEMENT FEE FOR THE SOUTH CENTRAL AREA OF THE CITY OF ANAHEIM.
000: ORDINANCE NO. : AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADDING CHAPTER 10.14 OF TITLE 10 OF THE ANAHEIM MUNICIPAL CODE
ESTABLISHING A STORM DRAIN IMPACT AND IMPROVEMENT FEE FOR NEW AND EXPANDED
DEVELOPMENT IN THE SOUTH CENTRAL CITY AREA OF THE CITY OF ANAHEIM.
RESOLUTION NO. : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING A STORM DRAIN IMPACT AND IMPROVEMENT FEE FOR THE SOUTH
CENTRAL CITY AREA OF THE CITY OF ANAHEIM.
The following people spoke in opposition to this item:
Steve White, 856 N. Clementine, Anaheim
Louis Carillo, 230 E. Vermont, Anaheim
Cardino Gonzalez, 915 W. Berwick, Anaheim
Bette Ronconi, 1241S. Walnut, Anaheim
David Alexander, 314 S. Indiana, Anaheim
Paul Gallan, 1198 W. Hampshire St., Anaheim
Christopher Christie, 1173 W. Hampshire St., Anaheim
11
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - April 18, 1995
The following are reasons why the residents were opposed (also see minutes of
the meeting of March 28 and April 4, 1995 where the issue was previously
discussed in a Public Hearing):
There was no notification given to the residents that this was going to occur,
the entertainment area which the assessment districts are designed to benefit
should bear the cost, the issue should be reopened to get input from the
citizens, it is not clear that the proposal only affects new development, it
is wrong to impose such an assessment district on the residents especially
since nobody has been notified, it is not going to benefit those within the
area boundaries but only the Commercial-Recreation area, the Council should
hold a hearing on the matter, residents do not understand the proposal.
Mr. Christie read the flyer that was distributed to the residents (see below).
He stated it is "scary". The Council represents the people and he questioned
why they were not notified.
"The City of Anaheim plans to create a new property assessment district to
be bounded by Euclid to State College, Lincoln to Chapman, to be known as
the South Central Assessment District. This new district is being created
so that you may pay for improvements required by the Disney Project. Each
property owner may be assessed up to $11,000 for each property. There
would be an additional $800 sewer assessment to each homeowner.
Additionally the City would reserve the right to levy more special
assessments as needed by the Disney Project."
Council Member Zemel. Mr. Christie should be aware that the flyer was not a
notice distributed by the City of Anaheim.
Mayor Daly. There appears to be substantial confusion relative to this item
and what the impact of the proposal would be for property owners within the
boundary areas, particularly single-family homeowners. He asked to hear from
staff.
Gary Johnson, Public Works Director and City Engineer (also see minutes of
March 28 and April 4, 1995). He addressed the major concerns expressed. This
is not an assessment district and it is not a tax. It does not affect
existing development. It does not affect single-family neighborhoods. Even
if a single-family home added some bedrooms, a bath, etc., it would not be
affected. Unfortunately the notice that was distributed around the community,
not by the City, caused concern unnecessarily. He asked Russ Maguire to
provide an overview.
Russ Maguire, Deputy City Engineer. He gave an overview and reasons for the
proposal as he did at the previous hearings and as outlined in Staff report
dated March 16, 1995 under the Discussion portion of the report (document made
a part of the record). The fee program (not an assessment district) answers
the requirement of State law in the Mitigation Monitoring Program. It is one
of the funding mechanisms for the City's improvement program for the area. He
also explained why the particular boundaries were chosen under the two
programs which are different one from the other and that the fee program must
coincide with the boundaries of the plan and the studies. The fee is to be
paid only on new or expanded development to the extent that such development
increases the impact in the area. The fee is paid only on increased units.
No existing development is subject to the fee. The fee is also paid only at
the time of development with approval of the Subdivision Map Act or a building
permit.
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CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - April 18, 1995
Following Mr. Maguire's presentation, questions were posed by Council Members
wherein he clarified more in-depth to whom the fee structure would apply with
emphasis on the fact that it only applies to new development or where there is
an increase in units and then only applies to the additional units and also
how the residential areas within the boundaries could eventually benefit from
such a program. Mr. Maguire also clarified later in the discussion for a
member of the audience that the existing residential areas are not affected or
subject to this fee as a result of the proposed Disneyland development.
Mayor Daly. When the item was previously discussed, Council Member Zemel
asked that an alternate ordinance be drafted which will allow for a waiver of
the fees in case of an economic development issue. It appears that the
alternative drafted would allow a waiver only for a Redevelopment project.
City Attorney White. The alternative is meant to be more restrictive than the
first version, i.e., the one the Council has before it for possible adoption;
Council Member Zemel. He feels it tightens the ordinance nicely.
City Attorney White. There are two options, the preferred being that the
Council adopt the two ordinances on the agenda tonight which had first reading
on April 4, 1995 and then the alternatives or give an amended first reading
which would mean they would be back again next week. His recommendation is to
adopt the two ordinances, add the amendments and agendize both for the next
Council meeting. It will not reopen the whole subject.
Mayor Daly offered Ordinance No. 5490 for adoption. Refer to ordinance book.
ORDINANCE NO. 5490 :
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING CHAPTER 10.12
OF TITLE 10 OF THE ANAHEIM MUNICIPAL CODE ESTABLISHING A SEWER IMPACT AND
IMPROVEMENT FEE FOR NEW AND EXPANDED DEVELOPMENT IN THE SOUTH CENTRAL CITY
AREA.
Roll Call Vote on Ordinance No. 5490 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Daly, Feldhaus, Tait, Zemel
NOES: MAYOR/COUNCIL MEMBERS: Lopez
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 5490 duly passed and adopted.
Mayor Daly offered Resolution No. 95R-60 for adoption. Refer to resolution
book.
RESOLUTION NO. 95R-60: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 63-R-1 BY ADDING A SEWER IMPACT AND
IMPROVEMENT FEE FOR THE SOUTH CENTRAL AREA OF THE CITY OF ANAHEIM.
Roll Call Vote on Resolution No. 95R-60 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Daly, Feldhaus, Tait, Zemel
NOES: MAYOR/COUNCIL MEMBERS: Lopez
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 95R-60 duly passed and adopted.
Mayor Daly offered Ordinance No. 5491 for adoption. Refer to ordinance book.
13
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - April 18, 1995
ORDINANCE NO. 5491: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ADDING CHAPTER 10.14 OF TITLE 10 OF THE ANAHEIM MUNICIPAL CODE ESTABLISHING A
STORM DRAIN IMPACT AND IMPROVEMENT FEE FOR NEW AND EXPANDED DEVELOPMENT IN THE
SOUTH CENTRAL CITY AREA OF THE CITY OF ANAHEIM.
Roll Call Vote on Ordinance No. 5491 for adoptions
AYES: MAYOR/COUNCIL MEMBERS:
NOES: MAYOR/COUNCIL MEMBERS:
ABSENT: MAYOR/COUNCIL MEMBERS:
Daly, Feldhaus, Tait, Zemel
Lopez
None
The Mayor declared Ordinance No. 5491 duly passed and adopted.
Alternate versions of the above ordinances will be on the Council agenda of
April 25, 1995 for first reading.
Mayor Daly offered Resolution No. 95R-61 for adoption.
RESOLUTION NO. 95R-61: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING A STORM DRAIN IMPACT AND IMPROVEMENT FEE FOR THE SOUTH
CENTRAL CITY AREA OF THE CITY OF ANAHEIM.
Roll Call Vote on Resolution No. 95R-61 for adoptions
AYES: MAYOR/COUNCIL MEMBERS:
NOES: MAYOR/COUNCIL MEMBERS:
ABSENT: MAYOR/COUNCIL MEMBERS:
Daly, Feldhaus, Tait, Zemel
Lopez
None
The Mayor declared Resolution No. 95R-61 duly passed and adopted.
A25. 105: BOARD AND COMMISSION ITEMS:
Appointment to the Private Industry Council for a three-year term as submitted
by Junior Achievement (Community Based Organization).
Council Member Feldhaus nominated Cheryl Holt.
Council Member Zemel. He does not know who the person is that is being
recommended for appointment and will abstain for that reason alone.
Council Member Feldhaus then briefed the reasons why he nominated Ms. Holt
referring to report dated April 18, 1995 from Marge Pritchard, JTP Manager who
recommended same.
Marge Pritchard, JTP Manager. Ms. Holt has been very active with the youth
programs. Her predecessor served the PIC very well. Ms. Holt is also the new
Executive Director of Junior Achievement of Orange County and the Inland
Empire as was her predecessor.
Ms. Holt was thereupon appointed to the Private Industry Council. Council
Member Zemel abstained.
A26. 105: APPOINTMENT/REAPPOINTMENT OF SEVEN MEMBERS TO THE
BUDGET ADVISORY COMMISSION:
Using the procedure established by their Resolution No. 95R-39, nominating and
electing seven members to reconstitute the Budget Advisory Commission (two
terms ending June 30, 1996, two terms ending June 30, 1997, two terms ending
June 30, 1998 and one term ending June 30, 1997.
14
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - April 18, 1995
Council Member Zemel. He would like another week to review the applications
received and to talk to a few people before starting the nomination process;
Council Member Lopez agreed.
After a brief Council discussion, on motion by Mayor Daly, seconded by Council
Member Zemel, appointments/reappointments to the Budget Advisory Commission
were continued one week. MOTION CARRIED.
City Clerk Sohl announced that the next three items involve resignations from
various Boards and Commissions and can be acted upon as a group.
A27. 105:
Accepting the resignation of Paul Bostwick from the Community Redevelopment
Commission, and directing the City Clerk to post a notice of said vacancy
(term expires 6/30/98).
A28 · 105:
Accepting the resignation of Barbara Whorton from the Anaheim Public Library
Board, and directing the City Clerk to post a notice of said vacancy (term
expires 6/30/95).
A29. 105:
Accepting the resignation of William "Bill" Erickson from the Anaheim Senior
Citizens Commission, and directing the City Clerk to post a notice of said
vacancy (term expires 6/30/97).
MOTION. Mayor Daly moved to accept the resignation of Paul Bostwick, Barbara
Whorton and Bill Erickson from the above Commissions and Board with
appropriate letters of thanks for their service. Council Member Zemel
seconded the motion. MOTION CARRIED.
City Clerk Sohl. They will also be invited to a Council meeting to receive a
plaque.
Later in the meeting, Council Member Feldhaus asked that an appropriate
commendation be prepared for Bill Erickson as soon as possible recognizing his
many years of service to the City, not only for the many hours he spent
attending City Council meetings, but also for his service on City Commissions
and Committees. It should be prepared as soon as possible for presentation to
Mr. Erickson.
B1. 179: ORDINANCE NO. 5492 FOR INTRODUCTION: Amending Title 18
to rezone property under Reclassification No. 94-95-07 located at 1009 East
Lincoln Avenue from the ML, CH, and RM-1200 zones to the RS-7200 zone.
Mayor Daly offered Ordinance No. 5492 for first reading.
ORDINANCE NO. 5492: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO
REZONE PROPERTY UNDER RECLASSIFICATION NO. 94-95-07 LOCATED AT 1009 EAST
LINCOLN AVENUE FROM THE ML, CH, AND RM-1200 ZONES TO THE RS-7200 ZONE.
D1. 000: CONTINUED PUBLIC HEARING - PUBLIC STREET FACILITIES
PLAN ESTABLISHMENT OF A CERRITOS AVENUE/DOUGLASS ROAD AREA STREET
REIMBURSEMENT FEE PROGRAM:
To consider the adoption of a resolution establishing the Cerritos
Avenue/Douglass Road Area Street Reimbursement Fee Program.
15
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - April 18, 1995
Continued from the meetings of March 14, 1995, Item D1, and March 21, 1995,
Item D1; and at the meeting of April 4, 1995, Item D1, the public hearing was
opened, public input received, and the HEARIN~ WAS CLOSED and continued to
this date.)
MOTION: Overruling all protests (4/5ths vote required).
MOTION: Directing the City Attorney to prepare a resolution establishing the
Cerritos Avenue/Douglass Road Area Street Reimbursement Fee Program at a fee
of $0 against Parcel A and $112,800 against Parcel B of the Cerritos
Avenue/Douglass Road area, and specifying that the fee will be reviewed 1) at
the time final actual costs are available and 2) at the time of development
approval for Parcel B.
City Attorney White. The Council has closed the hearing (see minutes of
4/4/95) on which they have taken testimony. The matter was continued to this
date for the purpose of allowing his office to contact the owner, Mr.
Scarbrough relative to a covenant on his property regarding the benefit
assessment. Mr. Scarbrough is not agreeable to such a covenant. It is not
necessary to reopen the hearing at this time. He clarified for the Mayor that
he had seen the letter dated April 17, 1995 from Mr. Robert S. Coldren,
Attorney, Hart, King & Coldren submitted late yesterday. The letter is
untimely and it attempts to impose evidence into the hearing, some of which is
redundant to what is in the record. To the extent that it is redundant and is
new, the Council is not obligated to consider it at this time because the
hearing is closed.
Council Member Feldhaus. He would like the hearing reopened. Mr. $carbrough
would like to speak. The last time, the Council heard from a representative
of Tejas Partners.
City Attorney White. He clarified for the Mayor if the hearing is reopened,
they are required to hear from anyone who wishes to add new information that
has not been presented.
There was general Council consensus that the hearing be reopened with Council
Member Zemel adding the caveat that the information be new and different from
the testimony given previously.
Mayor Daly reopened the Public Hearing.
A Mr. Will B. King asked to speak and, while he was not familiar with the item
nor represented either of the two parcels involved, stated he was opposed on
his behalf and on behalf of those who should be present.
Mr. Robert Mulvihill. He is speaking on behalf of Campanula Properties owners
of Orange Tree Mobile Home Park (Parcel B). He is asking that the Council
accept the letter from the firm of Hart, King & Coldren dated April 17, 1995
for the record; City Attorney White. The letter wall be received as part of
the record.
The point of Mr. Mulvihill's presentation was that the Expanded Initial Study
recommended that the improvements be constructed (Cerritos Avenue to Douglass
Road) and that they were required because of development of Parcel A. It had
nothing to do with the subsequent closing and future development of the Orange
Tree Mobile Home Park property.
16
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - April 18, 1995
Mr. Wayne Allen, Tejas Partners. (Also see minutes of 4/4/95). He gave the
history of how Tejas came to be required to make the road improvements. A
condition imposed by staff required them to expend $450,000 more than they
anticipated developing the road to construct the street improvements along
Douglass and Cerritos. In concluding his presentation during which he
explained what had transpired relative to the issue since its inception, he
stated that they have made numerous attempts to settle these issues with the
mobile home park but to no avail. They were imposed upon to create the
improvements with the anticipation and promise that they would have a right to
get the money back. Now at this late time, this may not be the case and they
have already spent $450,000 to do the work.
Clayton E. Scarbrough, 5961 E. Cowboy Circle, Anaheim. He and his wife are
the owners of the Orange Tree Mobile Home Park which has been in their family
since the 1920's. He received a letter dated April 12, 1995 from J. Wayne
Allen and that is the first contact he ever had with him. He (Allen) asked if
he would be interested in a covenant on their property regarding a benefit
assessment district and he (Scarbrough) said he had no interest. He also
believes they should have been notified of the assessment district before
placing it on them. They knew nothing of the district potential until after
the work had been completed. They also knew nothing about the Austin-Foust
report determining the best use of their property going on their own
assumptions. It is not fair to come to them after the fact. Their March 3,
1995 letter (previously made a part of the record) is still a valid opinion of
the property owners. Twenty-nine years is still left on the lease of the
property.
Mr. Jack Stanaland (Orange Tree Mobile Home Park). The road was originally
going to be built by the City and all improvements were designed by the City.
At that time, the mobile home park was operating and no decision made about
closing it. The improvements were done solely for the benefit of Parcel A.
Mike Moore, Tejas Partners, Executive Vice President. They entered into the
lease with the Douglass' to develop a parking lot which was going to be
beneficial to the community. They went to the City to get approvals and the
City had a set of plans and asked if they would like to buy them. He
recognized that there was going to be a planning and design process as well.
In order to meet what he thought was somewhat of a criteria to get the
additional parking done prior to the hockey season beginning, they worked
every angle to do so using 100% cash. The lot is done, parking is available
and it was done prior to the start of the delayed hockey season. They are not
asking that the City enforce a bill on the mobile home park property today,
but when they do develop the property, that they pay their fair share so that
Tejas will get reimbursed for the improvements made.
Mr. Stanaland. Tejas used the City's plans and the City's Expanded Negative
Declaration on the environmental work. Those improvements were part of the
city's plans which they would not have been charged for and done solely for
the benefit of Parcel A.
Mayor Daly closed the Public Hearing.
Council Members Zemel and Tait posed questions to staff. Russ Maguire, Deputy
City Engineer, explained that the code provides due process either before or
after the City responds to the request. In this case, the methodology was
such that they established the district after the construction. Most all of
the reimbursement districts are established after the facilities are
substantially completed.
17
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - April 18, 1995
City Attorney White. The issue of whether or not the improvements are already
in should not be used by either side nor be considered by the Council in
making their decision. The only issues that are germane for the Council are
whether or not there are street improvements reasonably necessary and what
those may be to provide adequate traffic access to the property, do those
particular improvements, not necessarily the ones already there, benefit the
properties in the area of benefit and thirdly, are the fees proposed
commensurate with the benefit to the properties within the district. He
believes that probably no formal notice and maybe no actual notice was given
to the owner of Parcel B before the improvements were installed. Council's
decision tonight is not to say yes or no to those improvements but to
determine what improvements are reasonably necessary. Staff says they are,
but if the Council has a different opinion, they can modify that
recommendation. Both sides are trying to use for their own benefit the fact
that there have been certain improvements already installed while for legal
purposes, it is an issue of looking at this as if there were no improvements.
Only two properties are involved, Parcel A and B.
Council Member Feldhaus. He agrees that at some point in time, they have to
determine fair share predicated on the usage of the development. In this
case, another developer came to City staff to establish an assessment district
without any kind of notification to the other parcel. He does not believe it
was a fair way to conduct this matter.
City Attorney White. It is necessary for the Council to follow a two-step
process under law. The Council has to determine whether there has been a
majority protest by a majority of the property within the proposed district.
There is a protest by Parcel B that constitutes a majority of the acreage
within the proposed area of benefit. Having found that, the law requires a
4/5's vote to override the protest in order to create the benefit district.
Absent that, the second item is moot. The action should be by a formal motion
and if no motion is offered, it is an overruled protest and it is a dead
issue.
Mayor Daly. He asked if any Council Member would like to make a motion to
overrule all protests received.
There was no motion offered.
City Attorney White. In the absence of a motion overruling the protest, the
City Council does not have the authority to act upon the resolution to
establish the district and, therefore, the item is concluded.
Cl. 165: DISCUSSION OF POLICIES RELATED TO DAMAGE TO SIDEWALKS,
CURBSv GUTTERSt AND SEWER LATERALS ASSOCI]%TED WITH TREES:
Discussion requested by Council Member Lopez at the meeting of April 4, 1995.
Public comments were received at the beginning of the meeting regarding this
item as follows:
Mr. Gholam Amiri. He spoke about this issue at the April 4, 1995 meeting
under items of public interest (see minutes that date). In the interim, he
was called by City official and asked to attend tonight's meeting. He is
present if the Council needs any additional information on his case involving
a sewer problem because of trees entering his sewer laterals.
Jeff Kirsch, 2661 W. Palais, Anaheim. He referred to staff report dated April
18, 1995 which indicated that 1.92 million dollars worth of curb damage in the
18
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - April 18, 1995
City has been postponed because of budget difficulties. He asked the Council
to request a summary report from staff of the different unfunded public
services so there can be an opportunity for public input relative to those
projects and their prioritization.
Council Member Lou Lopez. Me met with staff for over an hour this afternoon
regarding his request for the subject discussion. He would like to continue
the matter indefinitely until he obtains further information. He will ask
that it be placed on the agenda at a future date.
No further action was taken on this item at this time.
CZ. 114: COUNCIL COMMENTS:
Co. Feldhaus referred to a memorandum from the City Manager dated March 30,
1995 informing the Council of certain reorganization strategies relative to
combining the Convention Center with the Stadium under the administration of
Greg Smith, the present Stadium General Manager. That action has already been
taken. He also notes under Item Al9 the request for a Stadium/Convention
Center Financial Accounting Manager. Last week, he spoke to the City Manager
relative to the feasibility of privatizing the operation of the Convention
Center as other cities have done. The City Manager stated he has considered
that option but would like to wait at least a year until they have reorganized
and refurbished the center when they have something to sell. He (Feldhaus)
feels they cannot procrastinate any longer since cities all around Anaheim are
taking business away from the City. He believes there are many entertainment
operators who would love the opportunity to respond to a Request for Proposal
(RFP). He is asking the Council's support in requesting the City Manager to
immediately move forward in sending out an RFP. He clarified his intent is to
have the item placed on the next agenda for consideration.
Council Member Zemel. He feels it would be a good opportunity and it was one
of his goals when he was elected and something he would like to see happen.
The sooner, the better.
Council Member Lopez. The Convention Center was also one of his priorities.
He is open to putting the matter on the agenda but he has worked with
Convention Center personnel for the last five or six months and feels that
City Manager Ruth's plan is something that is workable and will be successful.
He would like to move forward with that plan and then review the matter in six
months to a year.
Council Member Feldhaus. He confirmed he is suggesting that the matter be
placed on the agenda and that the City send out an RFP much sooner than a year
from now.
Mayor Daly. He is requesting as part of the analysis, what major convention
centers in America are privately operated by contract management and those
operated entirely by public management and any other variations that might
exist.
Council Member Tait. He would like to see past year's operational history,
i.e., the profit and loss on the Convention Center.
City Manager Ruth. Relative to the hiring of a Financial Manager, they
actually eliminated a management position and saved about $80,000 a year by
combining the two, bumping up the one by 5% saving about $75,000 a year along
with other measures to reduce costs. For the record, for the last 2 to 2 1/2
19
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - April 18, 1995
years, about one million dollars a year was transferred from the General Fund
to the operating expenses of the Convention Center. In 1994/95, there is a
zero transfer. Staff will be happy to prepare the information and submit it
to the Council at the earliest possible date.
Mayor Daly. He would like to have a workshop scheduled regarding s subject
that has been discussed for many months -- the need for a revised and
strengthened effort to promote bringing major sports events to Anaheim such as
Super Bowls. They have talked about the need for a public-private partnership
to focus on marketing and promotion of the sports businesses the City is in.
Staff has done a great deal of research on various models that exist around
the country for the successful operation of a Sports Authority. Because of
the County's bankruptcy, he is not sure they can rely as much on the County as
they had hoped. He asked the City Manager to bring a variety of viewpoints
forward and the models around the country that have been the most successful
so they can talk about what might be appropriate for Anaheim. He is
interested more in the promotional end -- how they should be marketing Anaheim
as a major sports destination.
Mayor Daly. The Orange County Division of the League of California Cities is
asking Anaheim to nominate Council Members to serve on the Division's
Restructuring Subcommittee regarding Orange County. The three committees are,
Asset Management, County Charter and Service Delivery Operations. If any
Council Member is interested in serving, they should contact the League,
himself, the City Clerk, or City Manager by Friday, April 21, 1995. He
understands it will be a six-month process.
C3. 112: REPORT ON CLOSED SESSION ACTIONS: City Attorney White
stated that there are no actions to report.
ADJOURNMENT: By general Council consent, the City Council meeting of April
18, 1995 was adjourned. (9:03 p.m.)
LEONORA N. SOHL, CITY CLERK
20