1995/05/02CITY OF ANAHEIM, C&LIFORNIA - COUNCIL MINUTES
M&y 2v 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 MBMBERS: None
CITY MANAGER= James Ruth
CITY ATTORNEY: Jack White
ASSISTANT CITY CLERK= Ann M. Sauvageau
POLICE CHIEF= Randall Gaston
VICE DETAIL: Sergeant Steven Walker
VICE DETAIL= Lieutenant Jim Flamini
UTILITIES GENERAL MANAGER: Edward Aghjayan
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 12 noon on April 28, 1995 at the Civic Center kiosk, containing all
items as shown herein.
Mayor Daly called the workshop portion of the meeting to order at 3:22 p.m.
City Manager, James Ruth. For the past several months, staff has discussed on
various occasions the process behind issuing liquor licenses and their
ultimate approval or disapproval. He has asked Police Chief Gaston and his
staff to be present today to review that process with the Council and to give
the background, criteria and guidelines which go into the Police Department's
recommendations on liquor licenses.
156: LIQUOR LICENSE APPROVAL PROCESS
Police Chief, Randall Gaston. Recently laws have changed in California with
regard to the criteria applied to the issuance of ABC (Alcoholic Beverage
Commission) licenses. The State legislature has given cities more say and the
community a greater voice in the process. Today's presentation will be an
overview of that criteria and how it is applied when evaluating a new license
application. Sgt. Steve Walker and Lt. Jim Flamini, Vice Detail, are present
to assist in the workshop presentation.
Sgt. Steve Walker. The main purpose today is to explain the process the
Police Department uses when determining if someone can qualify to have an ABC
license. He gave a history of the process beginning in 1981 which remained
the same until January, 1995. As of January 1, 1995, the State now allows the
City to make the decision to approve or disapprove a license if a high-crime
rate area is involved OR there is an overconcentration of licenses in an area.
Prior to January, it was a high-crime rate AND overconcentration.
Sgt. Walker then explained that the City is divided into 216 reporting
districts and that the number of crimes committed in a year are divided by the
number of districts. Crimes in Anaheim for 1994 divided by 216 reporting
districts equalled 134 crimes per reporting district. Twenty-percent and
above the 134 is considered a high-crime rate area. Further, the Bureau of
the Census has provided a census tract map which tells how many people live in
certain census tracts and there is a formula that the Police use which tells
how many ABC licenses are allowable at a certain location based on population.
An exception to the high-crime, high-concentration rule is public convenience
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES - May 2, 1995
and necessity where a business can still apply for a license claiming a need
because the community has a need for a certain type of restaurant in an area.
Sgt. Walker then invited the Council to view the map posted on the chamber
wall covering 1994. He explained the data contained on the map wherein the
Council Members and Police Department staff engaged in a discussion concerning
the information provided and a discussion of ABC licenses in Anaheim in
general.
At the conclusion of the session, Mayor Daly thanked Chief Gaston and his
staff for the informative presentation which will assist the Council in their
future decisions relative to approval or disapproval of ABC licenses.
REQUEST FOR CLOSED SESSIONs
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 Sessions
1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO ~OVERNMENT CODE SECTION
54956.9(a) - EXISTING LITIGATIONs
Name o~ c&ses In re= County of Orange, Debtor, U.S. Bankruptcy Court,
Central District Case No. SA 94-22272; and In res Orange County
Investment Pools, U.S. Bankruptcy Court, Central District No. SA 94-
22273.
2. CONFERENCE WITH LEGAL COUNSEL'PURSUANT TO GOVERNNENT CODE SECTION
54956.9(a) - EXISTING LITIGATIONs
Name of cases Anaheim Stadium Associates v. City of Anaheim, Orange
County Superior Court Case No. 44-81-74.
3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Propertys 2000 Gene Autry Way (Anaheim Stadium Property)
Negotiating partiess City of Anaheim and the Golden West Baseball Co.
Under negotiation= Price and terms
4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Propertys 5601 E. La Palma Avenue
Negotiating partiess Anaheim Redevelopment Agency, City of Anaheim and
TRW REDI Property Data
Under negotiations Price (1st Trust Deed)
RECESS:
Mayor Daly moved to recess into Closed Session. Council Member
Feldhaus seconded the motion. MOTION CARRIED. ( 4=08 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.
( 5:24 p.m.).
INVOCATION:
In place of the invocation, a moment of silence was observed.
C'rTY OF ANAHE'rM~ C/S. LTFORNTA - COUNC'rL M'rNUTES - M&y 2~ L995
St. Catherine's Military School of Anaheim presented the colors - Cadet in
Charge, Ricardo Ruiz.
FLAG SALUTE=
Council Member Tait led the assembly in the Pledge of Allegiance to the
Flag.
119: PRESENTATIONS:
PRESENTATION/INTRODUCTION - 1995 CINCO DH MAYO QUEEN~
Mr. John Kelly, Cinco De Mayo Committee. He is present today on behalf of Mr.
Joel Guerena, President, who is ill. He first thanked the Council, City
employees and staff who gave their time and talent to make this year's Fiesta
the success that it was. He then presented the 1995-96 Cinco De Mayo Queen,
Irma Ruiz who was accompanied by two members of her Court, Princesses Debbie
Grafias and Nadia Garcia. Ms. Ruiz first thanked all those who continue to
make the Fiesta possible. It was her pleasure to be present today as well as
an honor to be chosen to represent the City as the Cinco De Mayo Queen for
1995-96.
Mayor Daly welcomed Ms. Ruiz and her Court. He presented roses to the Queen
and, along with the Council Members, congratulated her and wished her well
during her reign.
Recognizing May, 1995, as Better Hearing and Speech Month
in Anaheim.
Recognizing May 7 - 13, 1995, as Hire a Veteran Week in Anaheim.
Peggy Crawford, Manager, Anaheim Employment Development Department,
accompanied by Nancy Earsay, accepted the "Hire a Veteran Week" proclamation.
Mayor Daly moved to recess the City Council meeting until after the Housing
Authority and Redevelopment Agency meetings. Council Member Feldhaus seconded
the motion. MOTION CARRIED. ( 5=36 p.m.)
Mayor Daly reconvened the City Council meeting. ( 5252 p.m.)
ADDITIONS TO THE AGENDA=
There were no additions to the agenda.
ITEMS OF PUBLIC INTEREST=
Daniel Simmerman, 2330 Underhill Avenue, Anaheim. He first expressed his
concern with the lack of accessibility to the Mayor's and City Manager's
office when citizens need assistance with a problem in the City. He had a
problem with the Police Department which he eventually resolved himself. He
elaborated on the difficulties he had stating that the City has a lot of
problems which the Mayor should be addressing. He relayed his current
concern, that of a tree in front of his house whose growth is raising the
sidewalk and gutter. Instead of the City removing the tree, the sidewalk and
curb has been replaced three times. He offered to pay for removal of the
tree, but was refused. There is also a problem in his neighbor's yard with
standing water breeding mosquitoes. His concern is with City finances as well
as safety. He feels the Council does not seem to be available when City
residents call and ask for help.
3
CITY OF AN~HEIH~ CALIFORNIA - COUNCIL ~INUTE8 - ~&~ 2~ L995
Mayor Daly. After addressing Mr. Simmerman's concerns relative to
accessibility of the Mayor and Council, he asked the City Manager to have
staff follow up on the nature of the problems reported and subsequently report
the steps taken to correct them.
Mr. Sargis, 204 Pearson, Anaheim. He is speaking on behalf of some of the
people who are not happy with the recent decision made wherein the Council
adopted a resolution banning on-street parking in the Leatrice/Wakefield area
(see minutes of 4/18/95 wherein the issue was discussed and Resolution 95R-59
adopted). They believe the decision was made without taking into
consideration the needs of the tenants and landlords in the area. The
economic impact on the neighborhood as a result of the decision is
devastating. The owners started an association to develop ideas and solutions
to the gang and drug problems. Initially, two Police Officers attended the
meetings. Now representatives have been assigned who the owners feel are not
very responsive to their needs. Tenants have started to move out and they are
not going to be able to get other tenants to replace them. The action by the
Council has a very serious impact. None of the owner's solutions were given
serious thought by the Police or Code Enforcement such as permit parking.
Some have hired security guards. He would like the Council to attend their
meetings and listen to their needs.
Mayor Daly. It is a pilot program and the City is hoping to receive the
cooperation of the neighborhood in trying to make the program work.
Mr. Ray Haywee. He owns property at 2041 S. Sprague Lane, Anaheim. He has
owned the four-plex in the Leatrice/Wakefield area for 20 years and has had
three vacancies for three years. He now has two tenants and both have two
cars. He pays property taxes and his tenants pay for street sweeping, but
there is no parking on the street and he wants to know why. He also does not
want to tear up his property to put parking spaces on it. It took 20 years,
but now he has a perfect piece of property but his tenants are going to move
out. The City is going to ruin the area because all the apartments will be
empty. He questions the legality of the action. He is not just going to let
this happen. If it does, he is going to do something legally. He urged the
Council to look at the matter again.
MOTION: Mayor Daly moved to waive reading in full of all ordinances and
resolutions to be acted upon for the Council meeting of
May 2, 1995. Council Member Zemel seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT C~LEND~R~
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-63 and 95R-64 for adoption
and offered Ordinance Nos. 5494 and 5495 for adoption. Refer to
Resolution/Ordinance Book.
Al. 105: Receiving and filing minutes of the Community Redevelopment
Commission meeting held February 1, 1995.
A2.
170= Approving the Final Map of Tract No. 14893, and the Subdivision
Agreement with Living Stream, Inc., dba Living Stream Ministry~ and
authorizing the Mayor and City Clerk to execute said Agreement. Tract
CITY OF ANAHEIMv CALIFORNIA - COUNCIL MINUTEB - M&y 2v 1995
14893 is located at 1301 South Empire Street, and is filed in
conjunction with Reclassification No. 93-94-08 and Variance No. 4625.
A3.
123~ Waiving Council Policy 401, and approving an Agreement with IWA
Engineers, in an amount not to exceed $190,000 for coordination and
technical support services for freeway projects in FY 1995/96, and
authorizing the Mayor and City Clerk to execute said Agreement.
A4.
123~ Authorizing the Director of Public Works to terminate the June,
1975, Agreement with Caltrans for Maintenance of State Highways in the
City of Anaheim, effective June 30, 1995.
AS. 160~ Accepting the bid of V.I.P. Motorcycles, Inc., in the amount of
$27,812 for four Kawasaki motorcycles, in accordance with Bid $5374.
A6.
160= Accepting the bid of Hell-Dyne, Division of National Airmotive
Corporation, in an amount not to exceed $60,000 for helicopter
replacement parts, as required for the ~eriod July 1, 1995, through June
30, 1996, all in accordance with Bid $5377.
A7.
160= Accepting the bid of P.S. Trading, in an amount not to exceed
$90,000 for helicopter Jet A fuel and AVGAS 100, as required for the
period July 1, 1995, through June 30, 1996, in accordance with Bid
#5376.
AS.
160~ Accepting the bid of Uniform Center, in an amount not to exceed
$210,000 for Police uniforms and equipment as required 'for the period of
July 1, 1995 through June 30, 1996, in accordance with Bid $5390.
Ag.
Al0.
160~ Accepting the bid of Familian Pipe and Supply, in an amount not to
exceed $240,000 for approximately 800 tank type toilets and
approximately 400 urinals, in accordance with Bid $5367. -
184= Reviewing the need fo~ 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.
City Manager Ruth, answering Council Member Feldhaus, explained the reason why
there is a delay in submitting a status report from staff~ the Geologist's
report is a substantial document and staff is currently in the process of
evaluating it. Staff's comments will be submitted to the Council shortly.
All. 000: ORDINANCE NO. 5493~ AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SUBSECTION .050 OF SECTION 10.12.085 OF CHAPTER 10.12 OF TITLE 10 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO SEWER IMPACT FEES.
000~
ORDINANCE NO. 549&= AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTION 10.14.050 OF CHAPTER 10.14 OF TITLE 10 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO STORM DRAIN IMPACT FEES. (Introduced at the meeting of
April 25, 1995, Item All.)
Council Member Lopez. This matter has already been discussed (see minutes of
April 4 and April 18, 1995). He does not support it and believes the area is
too big. It includes residents who have been in the area 30 and 40 years.
5
CTTY OF ANAHEIM, C~LIFORNT~ - COUNCTL MTNUTES - ~ay 2, 1995
Mayor Daly. For purposes of the record, the fee will only apply to properties
where increased development activity takes place. It is a development fee.
If there is increased development on a property and an increased burden on the
sewer system, that property owner would have to pay for the impact on the
system. If there is no development, there is no fee.
A12.
123: RESOLUTION NO. 95R-63: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING AN OWNER PARTICIPATION AGREEMENT BY AND
BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY, THE CITY OF ANAHEIM, AND
TRW REDI PROPERTY DATA. (In connection with the expansion and
consolidation of the operations of TRW REDI Property Data at 5601 East
La Palms Avenue.)
Authorizing the Public Utilities ~eneral Manager to execute said Agreement.
A13. 116~ Approving the JTPA Job Training Plan Modification Summary for
Program Year 1995-1996.
A14.
108: ORDINANCE NO. 5495: (INTRODUCTION) AN ORDINAHCE OF THE CITY OF
ANAHEIM AMENDING CHAPTER 2.12.010 OF CHAPTER 2.12 OF TITLE 2 OF THE
ANAHEIM MUNICIPAL CODE PERTAINING TO TRANSIENT OCCUPANCY TAXES.
A15 ·
170: Approving the Final Map of Tract No. 14697, and the Subdivision
Agreement with James P. Fant, et al., and authorizing the Mayor and City
Clerk to execute said Agreement. Tract 14697 is located at 2144 W.
Lincoln Avenue, and is filed in conjunction with Reclassification No.
94-95-01.
A16.
175: RESOLUTION NO. 95R-64: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RATES, RULES AND REGULATIONS FOR THE SALE AND
DISTRIBUTION OF ELECTRICITY AS ADOPTED BY RESOLUTION NO. 71R-478 AND
MOST RECENTLY AMENDED BY RESOLUTION NO. 93R-225.
Certifying that the adoption of the electric rates is statutorily
exempt, under the California Environmental Quality Act, Public Resources
Code Section 20180(b)(8), and Title 14 of the California Administrative
Code Section 15273(a).
Council Member Feldhaus. He was concerned relative to the second part of the
proposal that the ratepayers are going to be assessed for the capital costs of
relocating the street lights.
Both City Manager Ruth and the Public Utilities General Manager, Ed Aghjayan
addressed the concern. Mr. AghJayan explained that this proposal gives the
City an option -- (1) in the event the City wants to put street lights into an
area and there is a shortage of capital or, (2) do it the way it is done now
by budgeting the total in the Public Works Department for street lights.
Further, they did go through a noticing procedure for electric rate changes
and hearings were held through the Public Utilities Board. City Manager Ruth
explained that staff is exploring the possibility of using Measure M or
Redevelopment money where appropriate as well as other non-general fund monies
so that no costs will be passed on to the consumer.
Roll Call Vote on Resolution No. 95R-63 for adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
Tait, Lopez, Zemel, Feldhaus, Daly
None
None
CITY OF ANAHEIM; CALIFORNI~ - COUNCIL MINUTES - May 2, 1995
Roll Call Vote on Resolution No. 95R-64 for adoption=
AYES= MAYOR/COUNCIL MEMBERS= Tait, Lopez, Zemel, Daly
NOES= MAYOR/COUNCIL MEMBERS= Feldhaus
ABSENT: MAYOR/COUNCIL MEMBERS= None
The Mayor declared Resolution Nos. 95R-63 and 95R-64 duly passed and adopted.
Roll Call Vote on Ordinance Nos. 5493 and 5494 for adoption=
AYES= MAYOR/COUNCIL MEMBERS= Tait, Zemel, Feldhaus,. Daly
NOES= MAYOR/COUNCIL MEMBERS= Lopez
ABSENT= MAYOR/COUNCIL MEMBERS: None
The Mayor declared Ordinance Nos. 5493 and 5494 duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED. Council Member Lopez voted no on
Item All and Council Member voted no on Item A16.
Al7 ·
130= 5=00 P.M. PUBLXC HEARING
MULTXVXSXON CABLE TELEVXSXON- REGULATXON OF RATES AND SERVXCES=
TO consider approving the existing rates and charges for the basic
service tier and associated equipment (MultiVision Cable TV) pursuant to
Section 76.936 of the Rules and Regulations of the Federal
Communications Commission (FCC).
Kristine Thalman, Intergovernmental Relations Officer briefed her report dated
May 2, 1995 recommending approval of the subject rates and charges.
Mayor Daly opened the Public Hearing and asked to hear from anyone who wished
to speak. There being no public input, the hearing was closed.
Mrs. Thalman then answered questions posed by Council Member Lopez and Mayor
Daly for purposes of clarification noting that the rates are already
implemented and have been confirmed as being in conformance by the City's
outside consultant. Further, rates cannot be changed due to cost of living or
wages.
Mayor Daly offered Resolutlon No. 95R-65 for adoption.
RESOLUTION NO. 95R-65: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM PURSUANT TO SECTION 76.936 OF THE RULES AND REGULATIONS OF THE
FEDERAL COMMUNICATIONS COMMISSION APPROVING EXISTING AND/OR PROPOSED
RATES AND CHARGES FOR THE BASIC SERVICE TIER AND ASSOCIATED EQUIPMENT.
Roll Call Vote on Resolution No. 95R-65 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 No. 95R-65 duly passed and adopted.
Al8.
105= APPOIHTMENT/REAPPOINTMENT OF SEVR3~ 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
C~TY OF ANAHEim, CALIFORNIA - COUNCIL ~INUTE8 - ~&~ 2, ~995
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, 1999).
Continued from the meetings of April lS, 1995, Item A26, and April 25,
1995, Item A14 to this date.
Mayor Daly. Last week, Council Member Lopez suggested an idea he (Daly) feels
is worth pursuing -- that each Council Member nominate one person to fill five
of the seven seats with the knowledge that the nomination would not be binding
on any Council Member. It would assist in expediting the process.
Council Member Zemel did not favor that process but that
nominations/appointments be handled in the traditional manner.
Council Member Lopez. Every one of the individuals who applied are qualified
to be on the commission. If Council Member Zemel nominates someone he (Lopez)
will respect his ~hoice as well as the choice of any other Council Member. He
will support those nominations.
At the conclusion of discussion between Council Member Zemel and Mayor Daly
relative to the two approaches for nominating people to the Budget Advisory
Commission (BAC), Mayor Daly stated he was trying to move the item forward but
if the Council prefers to have a series of nominations on each slot, he is
willing to go through that process even though cumbersome.
Council Member Tait nominated Jeff Farano for the term ending 6/30/96.
MOTION~ Mayor Daly moved to close nominations.
Before further action was taken, Council Member Zemel expressed concern that a
motion to close nominations has been offered without the opportunity to
nominate others for the first slot.
City Attorney White. He clarified that the motion is to close nominations.
If it passes, there is only one nominee for slot a. for the term ending
6/30/96. The Council would then vote on that nominee. It is required that
there be at least three affirmative votes to elect a person to the commission.
An abstention does not count.
Council Member Lopez seconded the motion to close nominations.
Before a vote was taken, there was additional Council discussion relative to
the process wherein Council Member Zemel stated in his opinion what they are
doing is closing off the process. When he ran for office, he promised he
would support the best people to serve on commissions and take political
favoritism out of the appointments. There are other qualified individuals not
on the list of applicants and even the first person nominated is not on the
list.
There was no Council consensus that nominations should be closed~ thus,
nominations remained open and the Mayor asked if there were further
nominations.
Before further action, City Attorney White stated it would be helpful to
understand that under the Council's adopted rules, the Council is to vote on
nominees in the order that nominations are made. The person receiving the
highest number of yes votes, provided there are at least three, will be
elected. Council Members are not prohibited from voting yes for more than one
CITY OF ANAHE~H~ CALiFORNiA - COUNCIL ~NUTE8 - ~&~ 2~ L995
person. In the event there is a tie in the number of yes votes, he suggests
that the Council revote only on those where there is a tie. He confirmed that
abstentions count as nothing.
Council Member Tait again nominated Jeff Farano.
Council Member Zemel nominated Dan Van Dorpe.
Council Member Feldhaus nominated Phil Knypstra.
Council Member Lopez nominated Jhr~ie Kennedy.
Roll Call Vote - Jeff Farano=
Ayes= Tait, Zemel, Daly
Noes= Lopez, Feldhaus
Roll Call Vote - Dan Van Dorpe=
Ayes= Zemel
Noes~ Lopez, Feldhaus
Abstain= Tait, Daly
Roll Call Vote - Phil Kny~stra=
Ayes= Zemel, Feldhaus
Noes= Lopez
Abstain= Tait, Daly
Roll Call Vote - Jimmie Kennedy=
Ayes= Lopez
Noes= Feldhaue
AbBtain= Tait, Zemel, Daly
Mr. Jeff Farano was thereupon elected to the Budget Advisory Con~nission for
the first term ending June 30, 1996 (slot a.).
Nominations were opened for the second term ending June 30, 1996 (slot b.).
Council Member Zemel nominated Ben Bay.
Council Member Lopez nominated Jimmie Kennedy.
MOTION= Mayor Daly moved to close nominations. Council Member Zemel seconded
the motion. MOTION CARRIED.
Roll Call Vote - Ben Bay=
Ayes= Tait, Zemel, Feldhaus, Daly
Noes= Lopez
Roll Call Vote - Jimmie Kennedy=
Ayes= LoDez
Noes= Feldhaus
Abstain= Tait, Zemel, Daly
Mr. Ben Bay was thereupon elected to the Budget Advisory Commission for the
second term ending June 30, 1996 (slot b.).
Nominations were opened for the first term ending June 30, 1997 (Blot c.).
Council Member Lopez nominated Jimmie Kennedy.
Council Member Feldhaus nominated Gene Brewer.
MOTION= Council Member Zemel moved to closed nominations. Mayor Daly
seconded the motion. MOTION CARRIED.
CITY OF ANAHEIM, C&LIFORNIA - COUNCIL MINUTES - M&y 2, 1995
Roll Call Vote - Jimmie Kennedys
Ayes~ Tait, Lopez
Noes~ Feldhaus
Abstain~ Zemel, Daly
Roll Call Vote - Gene Brewers
Ayes= Tait, Zemel, Feldhaus, Daly
Noes= Lopez
Mr. Gene Brewer was thereupon elected to the Budget Advisory Commission for
the first term ending June 30, 1997 (slot c.).
Nominations were opened for the second term ending June 30, 1997 (slot d.).
Council Member Lopez nominated Jimmie Kennedy.
Council Member Feldhaus nominated Bill O'Connell.
MOTION= Council Member Zemel moved that nominations be closed. Council
Member Feldhaus seconded the motion. MOTION CARRIED.
Roll Call Vote - Jimmie Kennedy=
Ayess Tait, Lopez, Daly
Noes= Feldhaus
Abstain~ Zemel
Roll Call Vote - Bill O'Connells
Ayess Zemel, Feldhaus
Noes~ Lopez
Abstain~ Tait, Daly
Mr. Jimmie Kennedy was thereupon elected to the Budget Advisory Commission for
the second term ending June 30, 1997 (slot d.).
Nominations were opened for the first term ending June 30, 1998 (slot e.).
Mayor Daly nominated Dan Van Dorpe.
Council Member Feldhaus nominated Kathryn Freshley.
MOTION= Councll Member Zemel moved to close nominations. Mayor Daly seconded
the motion. MOTION CARRIED.
Roll Call Vote - Dan Van Dorpes
Ayes~ Tait, Daly
Noes~ Lopez, Feldhaus
Abstain= Zemel
Roll Call Vote - Kathryn Freshley:
Ayes~ Ta£t, Lo~ez, Zemel, Feldhaus
Noes= Daly
Mayor Daly changed his vote declaring a unanimous vote for Mrs. Freshley.
Mrs. Kathryn Freshley was thereupon unanimously elected to the Budget Advisory
Commission for the first term ending June 30, 1998 (slot e.).
Nominations were opened for the second term ending June 30, 1998 (slot f.).
10
CITY OF ~E'rH~ C~%L'rFORN~'~. - COUNCIL M'rNUTES - ~a~ 2~ 1995
Council Member Zemel nominated Bill O'Connell.
Mayor Daly nominated Dan Van Dorpe.
MOTION. Mayor Daly moved to close nominations. Council Member Zemel seconded
the motion. MOTION CARRIED.
Before further action was taken, Mayor Daly asked if Mr. O'Connell was an
Anaheim resident. It was subsequently determined that Mr. O'Connell's
business is in Anaheim, but his residence is Orange.
City Attorney White clarified that according to the ordinance with a seven-
member commission, no more than three members may live outside of Anaheim.
Council Member Feldhaus. There are already three people who have been elected
to the BAC that live outside of Anaheim, Mr. Farano, Mr. Brewer and Mrs.
Freshley.
Council Member Zemel withdrew his nomination of Mr. O'Connell.
MOTION= Mayor Daly moved to re-open nominations. Council Member Zemel
seconded the motion. MOTION CARRIED.
Mayor Daly nominated Dan Van Dorpe.
Council Member Feldhaus nominated Phil Knypstra.
MOTION= Mayor Daly moved to close nominations. Council Member Zemel seconded
the motion. MOTION CARRIED.
Roll Call Vote - Dan Van Dorpe~
Ayes= Tait, Daly
Noes~ Lopez, Feldhaus
Abstain= Zemel
Roll Call Vote - Phil Knypstra=
Ayes~ Lopez, Zemel, Feldhaus
Noes= None
Abstain= Tait, Daly
Mr. Phil Knypstra was thereupon elected to the Budget Advisory Commission for
the second term ending June 30, 1998 (slot f.).
Nominations were opened for the term ending June 30, 1999.
Council Member Zemel nominated Dan Van Dorpe.
Council Member Lopez nominated Shirley McCracken.
MOTIONs Council Member Feldhaus moved to close nominations. Council Member
Zemel seconded the motion. MOTION CARRIED.
Roll Call Vote - Dan Van Dorpe=
Ayes= Tait, Zemel, Feldhaue
Noes= Lopez
Abstain~ Daly
Mr. Dan Van Dorpe was thereupon elected to the Budget Advisory Commission for
the term ending June 30, 1999 (slot g.).
11
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - May 2, 1995
Mayor Daly then clarified those elected to the Budget Advisory Commission for
the various terms=
Jeff Farano
Term expiring 6/30/1996
Ben Bay
Term expiring 6/30/1996
Gene Brewer
Term expiring 6/30/1997
Jimmie Kennedy
Term expiring 6/30/1997
Kathryn Freshley
Term expiring 6/30/1998
Phil Knypstra
Term expiring 6/30/1998
Dan Van Dorpe
Term expiring 6/30/1999
ITEMS B1 - B2 FROM THE PLANNING COMMISSION MEETING OF MAY 1, 1995
INFOI~ATION ONLY - APPEAL PERIOD ENDS MAY 23, 1995
D1.
134: NEQUEST TO DETERMINE CONFORMANCE WITH TH~ ANAHEIM GENERAL PLAN FOR
THE PROPOSED SAT.~ OF COUNTY OWNED PROPERTY WITHIN THE CITY OF ANAHEIM:
REQUESTED BY: COUNTY OF ORANGE GENERAL SERVICES AGENCY.
LOCATION: 1621 South Douglass Road.
ACTION TAKEN BY THE PLANNING COMMISSION (meeting of 5/1/95)= The
Planning Commission's decision determined that the County's proposed
property sale is in conformance with the City's General Plan.
B2.
134: REQUEST TO DETERMINE CONFORMANCE WITH THE ANAHEIM GENERAL PLAN FOR
THE PROPOSED S~T.~ OF COUNTY PROPERTY:
REQUESTED BY: COUNTY OF ORANGE GENERAL SERVICES AGENCY,
ATTN: DONNA GARZA, 14 Civic Center Plaza, P.O. Box 4106,
Santa Ana, CA 92702
LOCATION: 1170 North Anaheim Boulevard.
ACTION TAKEN BY THE PLANNING COMMISSION (meeting of 5/1/95): The
Planning Commission's decision determined that the County's proposed
property sale is in conformance with the City's General Plan.
Mayor Daly. This is the first formal notification to Anaheim that the County
intends to sell the subject properties and by law the City has the first right
to submit an offer. After a period of 60 days, if the County does not accept
the offer, the County has the right to go to open bid.
City Attorney White. That is correct. It is anticipated next week on
Council's agenda will be the issue of whether the City wishes to indicate to
the County a desire to start the negotiating period to acquire either or both
properties. The City has until May 15, 1995 to notify the County of its
intent or interest. Upon doing so, that starts the 60-day period of
negotiation. It would be staff's intent next Tuesday to agendize that as a
closed-session, real property negotiation item;City Manager Ruth. It is
possible there will be one other site as well.
ITEM B3 FROM THE ZONINO ADMINISTRATOR MEETING OF APRIL 2?, 1995:
DECISION DATE: APRIL 27, 1995 INFORMATION ONLY - APPEAL PERIOD ENDS MAY
8, 1995
B3. 179: SPECIAL CIRCUMSTANCES WAIVER 95-02:
REQUESTED BY: REGISTER CHARITIES, 625 North Grand Avenue, Santa Ana, CA
12
CTTY OF ANAHETM~ CAL'rFORNTA - COUNCTL ~TNUTE8 - M&~ 2~ 1.995
LOCATIONs 1551 South Douglass Road.
Petitioner requests approval of a 1-day (June 4, 1995)
antique/collectibles sale for charity purposes.
ACTION TAKEN BY THE ZONING ADMINISTRATORs
Special Circumstances Waiver 95-02 APPROVED with conditions by the
Zoning Administrator.
Mayor Daly asked if this was acceptable to the operators of the arena relative
to parking and also the display of the hot-air balloon for one week.
Joel Fick, Planning Director answered yes, and Ogden (operators of the Arena)
will make parking available. The Zoning Administrator's decision of approval
was on condition that they obtain that parking. Relative to the hot-air
balloon, he is not sure that Ogden is aware of that. The request was for a
longer period initially and the Zoning Administrator limited it to a maximum
of one week prior to the event.
Annika Santalahti, Zoning Administrator. She confirmed that there were no
events at the Arena on the date of the requested event. The concern of City
staff is that an event like this may have unforeseen difficulties so only one
date was approved. The Police Department, Code Enforcement and the Traffic
Control Center are going to be looking at the event with a close and critical
eye and to have a meeting after the event to review how it worked out. If the
Register charities wishes to hold another event in the future, there will then
be a history to refer to.
Joel Fick. The original request was for two events, one in June and one in
October. Staff had discussions with the Register and expressed concerns
relative to event parking. The charity sale had already been advertised at
the time they contacted the City. Consequently, the Zoning Administrator
approved the request for this particular day only and did not act on the
application for the Fall date.
D1.
176s PUBLIC HEARZNG - ABANDONMENT NO. 93-2A~
To consider abandoning certain public streets, highways and service
easements for the abandonment of that certain easement for ingress and
egress extending easterly from Tustin Avenue approximately 150 feet
north of Riverdale Avenue.
At the meeting of March 28, 1995, Item AS, the City Council adopted
Resolution No. 95R-45, duly published in the North Orange County New8
and notices thereof posted in accordance with law, declaring its
intention to vacate certain public streets, highways and service
easements, and setting this date as the public hearing to consider
abandoning that certain easement for ingress and egress extending
easterly from Tustin Avenue approximately 150 feet north of Riverdale
Avenue (Abandonment No. 93-2A).
REQUESTED BY: Pinetree Village, LTD., Three Point Drive S312, Brea, CA
92621
Submitted was report dated March 21, 1995 from the Director of Public Works
and City Engineer recommending approval of Abandonment 93-2A.
Mayor Daly opened the public hearing and asked if anyone wished to speak;
there being no response, he closed the public hearing.
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CITY OF ANAHEIMt CALIFORNIA - COUNCIL MINUTES - M&y 2t 1995
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTIONs On motion by Mayor Daly,
seconded by Council Member Zemel, the City Council finds that the proposed
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-66 for adoption. Refer to Resolution
Book.
RESOLUTION NO. 95R-66~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ABANDONING CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE
EASEMENTS FOR THE ABANDONMENT OF THAT CERTAIN EASEMENT FOR INGRESS AND
EGRESS EXTENDING EASTERLY FROM TUSTIN AVENUE APPROXIMATELY 150 FEET
NORTH OF RIVERDALE AVENUE.
Roll Call Vote on Resolution No. 95R-6& for adoption:
AYES:
NOES=
ABSENT=
COUNCIL MEMBERS=
COUNCIL MEMBERS=
COUNCIL MEMBERS~
Tait, Lopez, Zemel, Feldhaus, Daly
None
None
The Mayor declared Resolution No. 95R-66 duly passed and adopted.
D2.
176: PUBLIC HEARING - ABANDONMENT NO. 95-2A:
To consider abandoning certain public streets, highways and service
easements for the abandonment of that portion of Sanderson Avenue lying
south of Phoenix Club Drive, easterly approximately 263 feet from Auto
Center Drive.
At the meeting of April 4, 1995, Item AS, the City Council adopted
Resolution No. 95R-50, duly published in the North Orange County News
and notices thereof posted in accordance with law, declaring its
intention to vacate certain-public streets, highways and service
easements, and setting thig' date as the public hearing to consider the
abandonment of that portion of Sanderson Avenue lying south of Phoenix
Club Drive, easterly approximately 263 feet from Auto Center Drive
(Abandonment No. 95-2A).
REQUESTED BY= Anaheim Redevelopment Agency, 201 S. Anaheim Bi.,
Anaheim, CA 92805
Submitted was report dated March 28, 1995 from the Director of Public Works
and City Engineer recommending approval of Abandonment 95-2A.
Mayor Daly opened the public hearing and asked if anyone wished to speak~
there being no response, he closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION= On motion by Mayor Daly,
seconded by Council Member Zemel, the City Council finds that the proposed
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-67 for adoption. Refer to Resolution
Book.
14
CITY OF ANAHEIM, C&LIFORNIA - COUNCIL MINUTES - May 2, 1995
RESOLUTION NO. 95R-67: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AHANDONING CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE
EASEMENTS FOR THE ABANDONMENT OF THAT PORTION OF SANDERSON AVENUE LYING
SOUTH OF PHOENIX CLUB DRIVE, EASTERLY APPROXIMATELY 263 FEET FROM AUTO
CENTER DRIVE.
Roll Call Vote on Resolution No. 95R-67 for adoption~
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS~
Tait, Lopez, Zemel, Feldhaus, Daly
None
None
Mayor Daly declared Resolution No. 95R-67 duly passed and adopted.
Cl. 114~ COUNCIL
Council Member Zemel. He would like to place on the next agenda a discussion
by the Council to formally adopt a resolution opposing Measure R -- the County
proposed sales tax increase. He feels it is time for the City to take a
formal position on the matter.
Mayor Daly. An issue that surfaced from time to time in recent years is the
subject of an Anaheim visitor center to better guide visitors as they arrive
in Anaheim. It is a role in some communities played by the Visitor &
Convention Bureau (V&CB), Chamber of Commerce or community volunteers. He
asked the City Manager to evaluate options and alternatives that exist for
such a center to be located in or near the tourist area of the City which they
have begun calling the Anaheim Resort Area which includes the Disneyland
property and the Anaheim Convention Center. It could be entirely privately
funded or publicly funded or a mix of funding. He would like to hear from the
V&CB, Convention Center management and other interested persons on what they
believe would be appropriate. His concept is a center that could include a
reservation service for hotels and also a location where visitors could buy
tickets to events in local venues such as the Stadium or the Arena, or receive
information on anything of interest to tourists in Anaheim.
C2. 112~ REPORT ON CLOSED SESSION ACTIONS:
City Attorney Jack White stated that there are no actions to report.
ADJOURNMENT= By general Council consent, the Council Meeting of May 2, 1995
was adjourned (7535 P.M.).
Ann M. Sauvageau
Assistant City Clerk
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