1994/12/13City Hall. inahe~.mf Cai'if,mia - COUNCXL MXNUTES - DECEMBER 13. 1994 - 5:00 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT.
PRESENT=
ABSENT:
VACANCY:
PRESENT:
MAYOR: Daly
COUNCIL MEMBERS: Lop. z, Zemel, Feldhaus
MAYOR/COUNCIL MEMBERS: None
COUNCILMEMBERS: One
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
FINANCE/ADMINISTRATION MANAGER= Bill Sweeney
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER:
Gary Johnson
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 1=45 p.m. on December 9, 1994 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Daly called the meeting to order at 3:15 p.m.
was absent at this time.)
(Council Member Feldhaus
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 co~ents 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: City of Garden Grove v. City of Anaheim, Orange
County Superior Court Case No. 73-74-73.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
$4956.9¢a~ - EXISTING LITIGATION:
Name of case: Anaheim H.O.M.E.v. City of Anaheim, Orange County
Superior Court Case No. 73-74-91.
o
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9~a~ - EXISTING LITIGATION:
Name of case: Anaheim City School District and Anaheim Union
High School District v. City of Anaheim, Orange County Superior
Court Case No. 73-75-40.
50
CONFERENCE WITH LEGAL COUNSEL pURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - EXISTING LITIGATION:
Name of case: Anaheim Stadium Associates v. City of Anaheim,
Orange County Superior Court Case Nos. 44-81-74 and 73-26-60.
6. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:
741
City Rail. Anahe~. California - COUNCZL ~INUTE$ - DECEMBER 13~ 1994 - 5:00 P.~.
The City Council is deciding whether to initiate litigation
pursuant to subdivision (c) of Section 54956.9~ ~ ~otential case.
Existing ~acts and circmastances~ Mello-Roos tax delinquencies
in Community Facilities Districts Nos. 1989-1, 1989-2 and 1989-3.
RECESS= Mayor Daly moved to recess into Closed Session to be held in the 6th
Floor Conference Room of City Hall. Council Member Zemel seconded the motion.
Council Member Feldhaus was absent. One vacancy. MOTION CARRIED.
(3=16 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.)
INVOCATIONs Mary L. Hibbard, Anaheim United Methodist Church, gave the
invocation.
FLAG SALUTE= Council Member Leu Lopez led the assembly in the Pledge of
Allegiance to the Flag.
Mayor Daly. Before continuing with the order of business, he asked the City
Manager to comment on steps Anaheim is taking to deal with the consequences of
the County's financial situation.
City Manager James Ruth. During the past week, members of staff as well as
the Council have been actively involved in a variety of meetings held by the
County, held by the City Attorney and by City Manager's groups all to assess
the impact of the County's financial crisis and what those effects will be in
the City of Anaheim.
'Anaheim is aggressively managing the consequences of the
County's financial problems on our City. We have already
instituted a hiring freeze, implemented purchasing controls
and have begun a review of all new capital projects. We
have also initiated a detailed cash flow analysis, retained
a portfolio and investment advisor, and have interviewed
legal counsel to advise the City on potential recourse
actions.
"Because our primary responsibility is to our residents, we are not
going to accept these losses and will seek to recover them to the
fullest extent possible. The issue of legal and financial
accountability will be analyzed as we move forward in the coming
weeks and months to determine any proper courses of action.
"Although this is a serious situation, we are continuing to move
ahead prudently with major projects in Anaheim such as the Anaheim
Resort area improvements and negotiations with the Angels and Rams.
Although these projects are based to a large degree on the
capabilities of our private partners, we expect to know more about
how the County's problems will affect them in the next few weeks."
He emphasized that Anaheim is in no current jeopardy in terms of meeting its
payroll or paying its vendors and have assured the vendors the City is
fiscally solvent and will continue to manage the City's assets under the
present conditions as best possible. He will keep the community informed as
well as all employees as to the progress and what transpires relative to the issues.
742
C£tv HaX1, Anaheim, CaX:Lfornia - COUNCXL MXNIJTES - DECEMBER 13. 1994 - 5:00 P.M.
Mr. Ruth also announced at the request of the Mayor that last Friday, he did
send a letter out with the payroll to every City employee informing them of
the situation as it was known at the time assuring them that the City would
meet payroll, pay their vendors and take care of the City's legal obligations.
They also tried to relate that to the press. There is no immediate need to be
overly concerned in the City. The City's portfolio is being managed and
looking internally in terms of those corrective actions that the City should
take as prudent measures until the situation is ultimately resolved in the
County. There are a lot of unknown issues out there at this time that are
being dealt with almost on an hourly basis. Staff will do the very best to
keep employees informed and certainly the citizens as well.
Mayor Daly. Based upon Closed Session discussions, he asked the City Attorney
if he is prepared to address them at this time, i.e., what transpired at
Closed Session or did he wish to reserve his comments until later in the
meeting.
City Attorney White. There was discussion about engaging legal counsel for
the City with regard to the County matter and he recommended the use of the
firm of McDermott, Will & Emery as special financial and bankruptcy counsel to
deal with the County financial situation. They will be providing assistance
in the days ahead. He believes over a period of time, cities will join
together in legal representation whichAnaheimwould probably join in as well.
McDermott, Will & Emery has had a long history and relationship with the City
in past transactions and has proved quite helpful to the City.
Mr. White then explained for the Mayor that the County was in court this
afternoon at 3:00 o'clock seeking permission to liquidate the remainder of its
investment pool portfolio. He has not received word yet whether the hearing
has concluded and what the outcome was before the United States Bankruptcy
Court. McDermott, Will & Emery, is present at the court in the City's behalf.
Tomorrow in Los Angeles there will be a meeting scheduled by the United States
Trustee on behalf of all the creditors of the County with regard to setting up
a creditors committee. The City Manager's Office will be there on behalf of
the City with legal representation involved in setting up and actually
creating the committee to move forward with analyzing the disposition of funds
from the County assets.
119: PRESENTATION TO EMPLOYEES OF THE FACILITY MAINTENANCE DEPARTMENT:
Recognizing Facility Maintenance employees who volunteered their time and
equipment to complete the work necessary to open the Anaheim Boxing Club.
Chris Jarvi, Director of Parks, Recreation, Community Services & Golf. He
explained the extraordinary time and effort expended by ten facility
maintenance employees who volunteered to restore the fellowship hall of the
First Baptist Church thus providing a home for the Anaheim Boxing Club. He
then named the volunteers=
Manuel Alvarez, Les Anderson, ErickArmeson, Brian Beger,
Russ Beitler, Taylor Mason, Vance Miramontes, Todd Ojeda,
Ralph Perez, Paul Stankan
Mayor Daly and Council Members thanked the employees for their spirit and
dedication in giving this Anaheim "institution" a permanent home.
Mayor D&ly noted that Council Member Lou Lopez had dedicated many years of his
life to the boxing club and asked him to comment.
743
C~ty Ha11~ Anaheimr California - COUNCTL MXNIJTES - DECEMBER 13, 1994 - 5~00 P.M.
Council Member Lou Lopez recalled the history of the boxing club from its
humble beginnings starting out in the basement of what was called the Stables
Bar in downtown Anaheim, how it continued to expand over the years and the
positive things it accomplished for thousands of young men who used the boxing
club as a vehicle to graduate from high school, go to college and to become
successful. He is pleased that the City has continued to put it's faith in
this very worthy program.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $6,377,194.86 for the
period ending December 9, 1994, in accordance with the 1994-95 Budget, were
approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (5=46 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=
Phil Knypstra, 2520 Gelid, Anaheim. Relative to the City's $169 million in
the County Investment Pool, he would like to know how much came from the
General Fund and how much from the enterprise funds.
Mayor Daly. Staff will later be asked to coherent on this question.
Loretta Sanchez-Brixey, 1308 N. Paradise Court, Anaheim. Relative to the
Orange County Investment Fund and the situation as it has unfolded, she
believes that Orange County taxpayers should be alerted and alarmed at the
loss. The losses are real. She is present because she believes Anaheim
residents do not know what kind of losses are involved at the City level and
whose responsibility was it to put the monies in the investment funds. She
sees the result of this situation ending in more taxes or less services. She
is concerned about what services will be cut.
City Manager Ruth. As requested by the Mayor, he asked Bill Sweeney, Budget &
Audit Manager to respond to Mr. Knypstra's question.
Bill Sweeney, Budget & Audit Manager. They have not had an opportunity at the
current time to allocate the pool resources. They are in the process of doing
that and also in the process of employing an outside CPA Firm to verify those
calculations. There is going to be an effect in a number of funds especially
those that had a cash balance. They are working as quickly as they can. The
treasurer may have some input. What they need to do and what they are
concentrating on is the cash flow problem in the pool cash portfolio. They
have not been concentrating on the allocation by fund but will be doing that
very quickly.
Mayor Daly. He noted that the tax anticipation note can be separated out and
it does not involve any Utilities money.
Mr. Sweeney confirmed that was correct. Water and power would not be impacted
by the taxable note. He also confirmed that the taxable note was $99 million
of the $169 million.
Mayor Daly. This is an example of the type of answers they will have to have
as soon as they can get them.
744
C£tT Hallr Anaheimr CaXX~orn£a - COUNCXL MX~u~'--S - DECEMBER 13. 1994 - 5=00 P.M.
PUBLIC COMMENTS - AGENDA ITEMS= Public input received on Item A16 (see
discussion under that item).
MOTION= Council Member Daly moved to waive reading in full of all ordinances
and resolutions to be acted upon for the Council meeting of December 13, 1994.
Council Member Zemel seconded the motion. One vacancy. MOTION CARRIED.
Mayor Daly. The City Manager has already screened the following Consent
Calendar and removed any Capital spending items which would not be prudent at
this time.
City Manager Ruth. There are some expenditures that are matching funds that
would involve other federal or state money which the City would lose if it
does not proceed. They are in the process of evaluating every capital project
in the City and what the impact may or may not be if they do not move forward
until et least the County's financial situation is more settled and they have
a better handle on what the impact might be to the City.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR= On motion by Council Member 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~ Council Member Daly
offered Resolution Nos. 94R-278 through 94R-281, both inclusive, for adoption~
Council Member Daly offered Ordinance Nos. 5463 through 5469, both inclusive,
for adoption and Ordinance No. 5473 for first reading. Refer to
Resolution/Ordinance Book.
Al. 118~ The following claims were filed against the City and action taken
as reconunended=
Claims rejected and referred to Risk Managmtent:
a. Claim submitted by AladeenArslan, a minor by and through his guardian
ad litem, Hale Arslan, c/o James J. Rucker, esq., for bodily injury
sustained purportedly due to actions of the City on or about May 25, 1994.
b. Claim submitted by Wanjoo Choi, c/o Charles R. Weldon, esq., for
bodily injury sustained purportedly due to actions of the City on or about
August 25, 1994.
c. Claim submitted by Sue Ann Kysor for property damage sustained
purportedly due to actions of the City on or about August 5, 1994.
d. Claim submitted by Milton Sledge, Jr., for property damage sustained
purportedly due to actions of the City on or about August 17, 1994.
e. Claim submitted by Brent Fairbanks for property damage sustained
purportedly due to actions of the City on or about May 10, 1994.
f. Claim submitted by Eric Joseph Hill for property damage sustained
purportedly due to actions of the City on or about November 4, 1994.
g. Claim submitted by Odra Barrientos, a minor c/o Michael M. Mojtahedi,
esq., for bodily injury sustained purportedly due to actions of the City
on or about October 25, 1994.
745
City Hall. Anaheim. Cal££ornia - COUNC~ MZNOT~S - DECEMBER 13r 1994 - 5~00 P.M.
h. Claim submitted by Claudia Susans Cans, c/o Michael M. Mojtahedi,
esq., for bodily injury sustained purportedly due to actions of the City
on or about October 25, 1994.
i. Claim submitted by Alba Susans Duarte, c/o Michael M. Mojtahedi, esq.,
for bodily injury sustained purportedly due to actions of the City on or
about October 25, 1994. "
J. Claim submitted by Odra Sots, a minor c/o Michael M. Mojtahedi, for
bodily injury sustained purportedly due to actions of the City on or about
October 25, 1994.
k. Claim submitted by Dabble Ann Hawkins for property damage sustained
purportedly due to actions of the City on or about April 23, 1994.
Applicat~on for leave to present late cla4- den~edz
a. Claim submitted by Mary M. Hernandez for property damage sustained
purportedly due to action8 of the City on or about April 26, 1989.
A2. 105= Receiving and filing minutes of the Community Redevelopment
Commission meeting held November 9, 1994.
128: Receiving and filing the Monthly Financial Analysis presented by the
Director of Finance for two months ended August 31, 1994.
A3. 114~ Approving minutes of the City Council meeting held October 18,
1994.
Council Members Lopez and Zemel abstained on this item.
A4. 167~ Awarding the contract to the lowest responsible bidder, TDS
Engineering, Inc., in the amount of $139,430 for SR91/SRS5 Changeable Message
Signs; 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.
AS. 132= ORDINANCE NO. 5463 - ADOPTION= AN ORDINANCE OF THE CITY OF ANAHEIM
ADDING CHAPTER 10.09 TO TITLE 10 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
ADMINISTRATION OF THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES)
OF THE FEDERAL CLEAN WATER ACT AND REPEALING SECTION 10.08.060 OF CHAPTER
10.08 OF TITLE 10 OF THE ANAHEIM MUNICIPAL CODE. (Introduced at the meeting
of December 6, 1994.)
A6. 123= Authorizing a Second Amendment to Agreement with Wackenhut
Corporation, authorizing the City Manager or the Fleet and Facility Manager to
exercise the City's renewal options for security guard services for City Hall
and City Hall West.
A7. 123~ Authorizing a First Amendment to Agreement with Bielski Masonry and
Window Cleaning, authorizing the City Manager or the Fleet and Facility
Manager to exercise the City's renewal option to provide window cleaning
service8 for various City buildings.
AS. 123= Authorizing a Second Amendment to Agreement with Artistic
Maintenance, Inc., to provide landscape maintenance to various areas
throughout the western section of the City.
746
C£2¥ Hallr Anehe4m. California - COUNCIL MINOTES - DE(EMBER 13r 1994 - 5:00 P.M,
Ag. 106= Amending the Finance Department budget for Fiscal Year 1994/95 to
increase appropriations in revenue account $821-106-3560-1022 (Mello-Roos
Special Tax Revenue) and expenditure account $821-106-2259-9382 (Mello-Roos
Special Police and Fire Services Expense) by $47,340 for Community Facilities
District No. 1989-2 (The Highlands).
Amending the Finance Department budget for Fiscal Year 1994/95 to increase
appropriations in revenue account $823-106-3560-1023 (Mello-Roos Special Tax
Revenue) and expenditure account $823-106-2259-9382 (Mello-Roos Special Police
and Fire Services Expense) by $26,820 for Co~unity Facilities District
No. 1989-3 (The Sunsuit).
Al0. 123: Approving the Amendments to the Tolling Agreements with MWD, The
County and the Orange County Flood Control District, and authorizing the City
Attorney to execute said amendments with regard to the Santiago Landslide.
Al1~ 150: ORDINANCE NO. 5473 - INTRODUCTION: AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING SECTION 7.16.050 OF CHAPTER 7.16 OF TITLE 7 AND SUBSECTION
.300 OF SECTION 13.08.020 OF CHAPTER 13.08 OF TITLE 13 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PARKS
AND OTHER RESTRICTED LOCATIONS.
A12. 113~ RESOLUTION NO. 94R-278: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING AMENDMENTS TO THE CONFLICT OF INTEREST CODE FOR THE
CITY OF ANAHEIM. (Effective, January 1, 1995).
A13. 123: Approving an Agreement with the Anaheim Family YMCA, in the amount
of $25,000 to provide child care and senior citizen activities in the City of
Anaheim.
A14. 123~ Approving the Affordable Housing Agreement between the City of
Anaheim and Pinetree Village Limited Partnership for eight affordable units in
Pinetree Village located at 500 North Tustin Avenue.
A15. 123= Approving a First Amendment to the General Depositary, Loan
Origination and Servicing Agreement with Corporate Bank, extending the term of
said agreement to December 15, 1996.
A16. 161: Approving the amendment or addition of certain time limitations to
the redevelopeent plans Project Alpha, River Valley Project, Plaza Project,
Brookhurst Commercial Corridor Project, and the Co~nercial/Industrial Project
in order to ensure that redevelol~nent plans adopted and amended prior to
January 1, 1994, are in compliance with certain time limitations required to
be included within such redevelolanent plans as imposed by Assembly Bill 1290
and Senate Bill 732.
#1
ORDINANCE NO. 5464 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
OR ADDING CERTAIN TIME LIMITATIONS TO THE COMMERCIAL/INDUSTRIAL REDEVELOPMENT
PLAN WITH RESPECT TO AREAS OF THE COMMERCIAL/INDUSTRIAL PROJECT AREA INCLUDED
IN SAID PROJECT AREA PRIOR TO JANUARY 1, 1994. (Introduced at the meeting of
December 6, 1994.)
#2
ORDINANCE NO. 5465 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
OR ADDING CERTAIN TIME LIMITATIONS TO THE PLAZA REDEVELOPMENT PLAN WITH
RESPECT TO AREAS OF THE PLAZA PROJECT AREA INCLUDED IN SAID PROJECT AREA PRIOR
TO JANUARY 1, 1994. (Introduced at the meeting of December 6, 1994.)
747
C~tv Hall. Anaheim. Cml£forn£a - COUNCIL MXN~X~S - DECEMBER 13r 1994 - 5:00 P,M.
#3
ORDINANCE NO. 5466 - ~OpTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
OR ADDING CERTAIN TIME LIMITATIONS TO THE BROOKHURST COMMERCIAL CORRIDOR
REDEVELOPMENT PLAN WITH RESPECT TO AREAS OF THE BROOKHURST COMMERCIAL CORRIDOR
PROJECT AREA INCLUDED IN SAID PROJECT AREA PRIOR TO JANUARY 1, 1994.
(Introduced at the meeting of December 6, 1994.)
#4
ORDINANCE NO. 5467 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
OR ADDING CERTAIN TIME LIMITATIONS TO THE RIVER VALLEY REDEVELOPMENT PLAN WITH
RESPECT TO AREAS OF THE RIVER VALLEY PROJECT AREA INCLUDED IN SAID PROJECT
AREA PRIOR TO JANUARY 1, 1994. (Introduced at the meeting of December 6,
1994.)
#5
ORDINANCE NO. 5468 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
OR ADDING CERTAIN TIME LIMITATIONS TO THE AMENDED PROJECT ALPHA REDEVELOPMENT
PLAN WITH RESPECT TO AREAS OF THE PROJECT AREA INCLUDED, ADDED, OR
INCORPORATED INTO SAID PROJECT ALPHA AREA PRIOR TO JANUARY 1, 1994.
(Introduced at the meeting of December 6, 1994.)
Jeff Kirsch, 2661 W. Palais, Anaheim. He asked relative to this item if any
of the terms of the Redevelopment agreement plans themselves were extended as
a result of this adoption or change.
Lisa Stipkovich, Executive Director of Community Development. The ordinances
the Council is considering tonight do in some way limit the Redevelopment
Agency according to AB1290. However, in their assessment and in the
attorney's assessment, they do not believe any of those limitations would in
any way restrict the current projects. None are extended or in any way
hindered. This action does lay out the time frame upon which debt can be
incurred and when that debt can be paid back. Those happen to be in the same
time frame already in place. There is no impact but they simply have to live
by the rules. Legally, there are no projects in conflict with the new
limitation. She confirmed for the Mayor that the overall impact was to limit
what agencies can do.
A17. 153: RESOLUTION NO. 94R-279: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM
MUNICIPAL EMPLOYEES ASSOCIATION, GENERAL UNIT AND THE CITY OF ANAHEIM.
(Pertaining to the reorganization of the Building Division of the Planning
Department.)
A18. 132: ORDINANCE NO. 5469 - ADOPTION: AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING IN THEIR ENTIRETY CHAPTERS 10.10 AND 10.12 OF TITLE 10 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO SOLID WASTE COLLECTION AND DISPOSAL AND
SANITATION CHARGES. (Introduced at the meeting of December 6, 1994.)
Al9. 123: RESOLUTION NO. 94R-280: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THAT AGREEMENT ENTITLED "AGREEMENT RELATING TO THE
CONSENT OF THE CITY OF ANAHEIM TO THE TRANSFER OF CONTROL OF COMMUNITY
CABLEVISION COMPANY". (Times Mirror/Cox Cable TV Transfer Consent.)
A20. 123: Waiving Council Policy 401, and approving an Agreement with Robert
T. Gorson, in an amount not to exceed $33,200 for January 1, 1995, through
June 30, 1995, for project management and consulting services; and authorizing
the Public Utilities General Manager to execute said Agreement on behalf of
the City.
748
City Hall, Anaheim, Cal~fornia - COUNCIL MItn~TES - DECEMBER 13, 1994 - 5:00 P.M.
A21. 123= Approving an Agreement with Southern California Edison Company
authorizing payment of $254,195.26 for undergrounding Southern California
Edison Company's SCE Barfs Fullerton 66kY Transmission Line in Underground
District No. 10; and authorizing the Public Utilities General Manager to
execute said Agreement and related documents on behalf of the City.
A22. 175= RESOLUTION NO. 94R-281= A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING SUBMITTAL OF AN APPLICATION FOR A GRANT FROM THE
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR A USED OIL MANAGEMENT PROGRAM
AND DESIGNATING AN AUTHORIZED REPRESENTATIVE FOR THE CITY.
A23. 123= Authorizing the transfer of project management responsibilities of
the Adelanto-Lugo Transmission Project from the City of Anaheim to M-S-R, a
joint power agency comprised of the cities of Modesto, Santa Clara and
Redding; and authorizing the Public Utilities General Manager to execute said
Transfer Agreements and any other related documents on behalf of the City.
RoXX CaXX Vote on ResoXution Nos. 94R-278 throuqh 94R-281, both inclusive, for
adoD~ions
AYES= MAYOR/COUNCIL MEMBERS= Lopez, Zemel, Feldhaus, Daly
NOES= MAYOR/COUNCIL MEMBERS= None
ABSENT= MAYOR/COUNCIL MEMBERS= None
VACANCY= COUNCIL MEMBERS= One
The Mayor declared Resolution Nos. 94R-278 through 94R-281, both inclusive,
duly passed and adopted.
Ro~ ~a~l v0~ 9~ Ordinance Nos. 5463 th~ouah 5469, both inclusive, for
adoption:
AYES= MAYOR/COUNCIL MEMBERS= Lopez, Zemel, Feldhaus, Daly
NOES~ MAYOR/COUNCIL MEMBERS= None
ABSENT~ MAYOR/COUNCIL MEMBERS= None
VACANCY= COUNCIL MEMBERS~ One
The Mayor declared Ordinance Nos. 5463 through 5469, both inclusive, duly
passed and adopted.
END OF CONSENT CALENDAR. ONE VACANCY. MO~XONS CARRXED.
~24. ~05= APPOINTMENT TO THE PRIVATE INDUSTRY COUNCIL - PRIVATE SECTOR=
Appointment of one member to the Anaheim Private Industry Council (PIC) to
fill the vacancy of Dona Hinson by representing the private sector category
for a term of four years .
Submitted was report dated December 13, 1994 from Marge Pritchard, JTP Manager
recommending that the Council appoint one member representing the private
sector category from Chart A (slate of PIC nominees listing two nominations
recommended by the Chamber of Commerce) for a four-year term.
Council Member Feldhaus nominated Mary Knoll-Benner.
Since there was no further nominations, nominations were closed.
749
C~£tv Hall. Anaheim. Cal££ornia - ~UNCXL MINUTES - DEC~4BER 13. 1994 - 5:00 P.M.
MOTIONs Mary Knoll-Benner was thereby unanimously appointed to the Private
Industry Council, Private Sector Category for a term of four years.
A25. 123: PUBLIC MEETING - SR91 FREEWAY AGREEMENTs
To consider the approval of the SR-91 Freeway Agreement with the State of
California, in connection with the Freeway High Occupancy Ve~icle Lane
Improvement Project (from the Los Angeles County line to the SR-57 Freeway)~
and authorizing the Mayor and City Clerk to execute said Agreement.
Submitted was report dated November 29, 1994 from the Public Work's Department
recommending approval of the SR-91 Freeway Agreement with the State of
California.
Gary Johnson, Director of Public Works/City Engineer. First briefed his
report of November 29, 1994. He noted that the action does not create any
financial obligation on the City but does allow for the implementation of a
future project displayed in red on the diagrams posted on the Chamber wall.
The blue map shows the existing configuration. Fullerton and Anaheim have
convinced OCTA and the State to implement and approve an upgraded interchange
at the location shown. This freeway agreement simply reconfigures what would
be allowed to be constructed within the City of Fullerton and Anaheim and that
is what the Council is being asked to consider today
Mayor Daly asked why this requires a special hearing while others do not.
City Attorney White. The difference is this agreement entails and authorizes
the closing of certain streets during periods of construction. The State
legislature determined it is in the public interest to at least require a
noticed public meeting at which input can be given on the project.
He knows staff has been working on this for a long time. Particularly needed
are improvements to the interchange at Harbor and Lemon at the 91 Freeway
which would involve the closure of the very antiquated on ramp at Part Street.
It will further replace a series of antiquated ramps with a modern design,
safer, and more attractive.
Mayor Daly asked to hear from anyone who wished to speak.
City Attorney White. He believes Mr. Johnson indicated all the closures were
temporary in nature. That is not the case. The plans are on the board and
indicate some of the street closures are permanent in nature.
Gary Johnson. Part Street is the best example of one of the ramps that will
be closed. The others will merely be realigned.
Council Member Feldhaus asked that the Council be provided with a copy of the
posted diagrams. He has been asked questions on what streets will be
relocated and where frontage roads are going to travel.
There were no public comments.
MOTION: Council Member Zemel moved to approve the SR-91 Freeway Agreement
with the State of California in connection with the Freeway High Occupancy
Vehicle Lane Improvement Project from the Los Angeles County line to the SR-57
Freeway and authorizing the Mayor and City Clerk to execute said Agreement.
Council Member Lopez seconded the motion. One vacancy. MOTION CARRIED.
75O
C:Ltv Ea~lr An&heJ. m, Cal~L£orn:Ln - COUNCZ?- MINUTB8 - DECEMBER 13. 1994 - 5~00 P.M.
B1. ~49~ PR0~OSED ORDINANCE TO CONSIDER TWO CODE AMENDMENTS PERTAINING TO
V~CLE PARKING AND LOADING REOUIREMENTS FOR LIVE PERFORMANCE THEATERS AND
PARKING WAIVER REOUESTS:
The following correction was made to the proposed ordinance amending
Section 18.06.080 of Chapter 18.06 of Title 18 of the Anaheim Municipal
Code: (25th line of text down) changed the word #busin'esses" to "uses".
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended adoption to the City Council as corrected by staff.
ORDINANCE NO. 5470 - ADOPTION: Amending Section 18.06.080 of Chapter 18.06 of
title 18 of the Anaheim Muni¢ipal Code relating to vehicle parking and loading
requirementm (variances). (Introduced at the meeting of December 6, 1994.)
Council Member Daly offered Ordinance No. 5470 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 5470: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION
18.06.080 OF CHAPTER 18.06 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO VEHICLE PARKING AND LOADING REQUIREMENTS (VARIANCES).
~oll ~al! Vote on Ordinance No, 5470 for ado~ion:
AYES: MAYOR/COUNCIL MEMBERS= Lopez, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Ordinance No. 5470 duly passed and adopted.
ORDINANCE NO. 5471 - ADOPTION= Amending Subsection .025 of Section 18.06.050
of Chapter 18.06 of Title 18 of the Anaheim Municipal Code relating to vehicle
parking and loading requirements (live performance theaters). (Introduced at
the meeting of December 6, 1994.)
Council Member Daly offered Ordinance No. 5471 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 5471= AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION
.025 OF SECTION 18.06.050 OF CHAPTER 18.06 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO VEHICLE PARKING AND LOADING REQUIREMENTS (LIVE
PERFORMANCE THEATERS).
Roll Call Vote on Ordinance No. 547~ for adoptions
AYES= MAYOR/COUNCIL MEMBERS= Lopez, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL MEMBERS= None
ABSENT= MAYOR/COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS~ One
The Mayor declared Ordinance No. 5471 duly passed and adopted.
B2. 179: PROPOSED ORDINANCE TO CONSIDER A CODE AMENDMENT PERTAINING TO
PRIVATE CLUBSr LODGES. MEETING HALLS. FRATERNITIES AND SORORITIES.
ACTION TAKEN BY THE PLANNING COMMISSION=
Recommended adoption to the City Council.
751
City Hal~f Anaheim; California -COUNCXL NXNUTES - DECEMBER 13~ 1994 - 5:00 P.M.
ORDINANCE NO. 547~ - ADOPTION: Amending various sections of Title 18 of the
Anaheim Municipal Code relating to private clubs, lodges, meeting halls,
fraternities and sororities. (Introduced at the meeting of December 6, 1994.)
Council Member Daly offered Ordinance No. 5472 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 5472= AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS
SECTIONS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PRIVATE CLUBS,
LODGES, MEETING HALLS, FRATERNITIES AND SORORITIES.
Ro11 Call Vote on Ordinance No. 5472 for &doDtion~
AYES: MAYOR/COUNCIL MEMBERS: Lopez, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Ordinance No. 5472 duly passed and adopted.
B3. 179: ORDINANCE NO. 5474 FOR INTRODUCTIONs Amending Title 18 to rezone
property under Reclassification No. 61-62-69(100) located at 1152 North
Kraemer Boulevard from the RS-A-43,000 zone to the ML zone.
Council Member Feldhaus offered Ordinance No. 5474 for first reading.
ORDINANCE NO. 5474: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO
REZONE PROPERTY UNDER RECLASSIFICATION NO. 61-62-69(100) LOCATED AT 1152 NORTH
KRAEMER BOULEVARD FROM THE RS-A-43,000 ZONE TO THE ML ZONE.
B4/BS. 179: CORRECTING RESOLUTIONS PERTAINING TO ZONING: Resolution
No. 94R-282 for adoption, amending Resolution 94R-259, nunc pro tunc, relating
to zoning - Reclassification No. 93-94-11, property located at 423 North
Anaheim Boulevard, from the CG and PD-C zones to the CL zone -Lots 1-2~ and
Resolution No. 94R-283 for adoption, amending Resolution 94R-260, nunc pro
tunc, relating to zoning - Conditional Use Permit No. 3687, property located
at 423 North Anaheim Boulevard, to'permit a bicycle racing track with
accessory uses, including a retail area, concession stand, and picnic area -
Lots 1-2.
Council Member Daly offered Resolution Nos. 94R-282 and 94R-283 for adoption.
Refer to Resolution Book.
RESOLUTION NO. 94R-282: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION 94R-259, NUNC PRO TUNC, RELATING TO ZONING.
RESOLUTION NO. 94R-283: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION 94R-260, NUNC PRO TUNC, RELATING TO ZONING.
Roll Call Vote on Resolution Nos. 94R-282 and 94R-283 for adoption:
AYES~ MAYOR/COUNCIL MEMBERS: Lopez, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBER: One
752
CSty Halt, Anahei~f Cal4fornia - COUNCIL MINUTES - DECEMBER 13, 1994 - 5:00 P.M.
The Mayor declared Resolution Nos. 94R-282 and 94R-283 duly passed and
adopted.
C~- 114: COUNCIL VACANC¥:
Discussion and/or action pertaining to the vacancy to the two year term ending
November, 1996, on the Anaheim City Council. At the meeting'~f December 6,
1994, Mayor Daly asked that this matter be placed on the Council Agenda of
December 13, 1994.
Mayor Daly. As the City Clerk noted earlier, she received a number of
requests by members of the public to speak to this item. He announced this
was the time to do so.
The following people spoke to the subject issue and their comments are briefly
summarized~
Oina Beitler, 1423 Delta Place, Anaheim. She read and then submitted
her letter to the Council (made a part of the record) first expressing
her concern over what she considered was outrageous behavior against her
mother, Sharon Ericson, by certain entities in the election of November
8, 1994. She is requesting as a taxpayer that the City Council hold a
special election so that the people of the City can decide who the
fourth Council Member will be. She emphasized the citizens of the City
should make that decision. She does not want to hear that the City
cannot afford to hold a special election. 'This country was founded on
the democratic process and held sacred in that process is the right of
the people to elect their leaders."
Lew Overholt, 651 N. Dwyer Drive, Anaheim. He is before the Council
tonight in support of Paul Bostwick as one who deserves the Council's
considered attention as an appointee to fill the vacant seat on the
Council. He recalled the opportunity that he and former Councilwoman
Kaywood had when they were Council Members of filling a vacancy on the
Council left by Dr. Kott. He then elaborated on the reasons why Mr.
Bostwick should be appointed. He hopes the Council will take into
consideration the demonstrated qualifications of Mr. Bostwick and that
he (Bostwick) would best serve the people and the City of Anaheim.
Sheryl Zimmerman, 6222 E. Twin Peak Circle, Anaheim. The Council should
consider the qualifications of the person they appoint. She is present
in support of Shirley McCracken. She then briefed the reasons why Mrs.
McCracken is best qualified for the ~osition. A e~ecial election is to
determine the will of the people. She feels that they know the people's
will, since there were 16 candidates and Hrs. McCracken placed third
which showed the electorate's preference. She also feels that the
financial side of the special election should be considered in light of
Orange County's crisis.
Karen Tinlin, 404 Peach Knoll, Anaheim. She is a new citizen of the
United States as of October 20, 1994. 'The last election was her first
election and she was very excited. When she voted, she had no idea of
the kind of chance the person she was voting for would have. She voted
for Shirley McCracken and was very pleased when she came in third,
especially when she realized there would be a vacancy on the Council.
However, she did not know there was a legal right for the Council not to
chose the person she voted for. Her vote and others say they chose
Shirley McCracken to fill the vacancy.
753
City Rail, Anaheim, Cal£fornia - COUNCZL MZNUTES - DECEMBER 13~ 1994 - 5~00 P.M.
June Bickford, 501 Fairmont Circle, Anaheim. She firmly supports
Shirley McCracken. It is the ethical and fiscally responsible thing for
the Council to do and not to put the City through another election.
Mrs. McCracken received the third highest number of votes and that
represents the will of the people.
Bob Wall, 1532 Laster, Anaheim. He and his neighbors do not look with
great anticipation to a special election and especially at this time.
They have a good candidate in Shirley McCracken from an educational
standpoint along with her experience as a Budget Commissioner on the
City's Budget Advisory Council.
Miriam Kaywood. The situation the County has brought upon the
City, places the City in a position that is unique. The City
cannot spend $100,000 on a special election which would only be
the tip of the iceberg. The results would be turmoil because with
four Council votes, it could mean many tie votes. It is crucial
that the City not be handicapped by not being able to act. She
then gave some qualifications of the third runner up in the
election, Shirley McCracken. The appointment would only be for
two years to fill the vacancy left only because of the new
four-year Mayor election process that went into effect this last
election. To consider a special election or delaying action will
result in only a 1~ year term. It is not fair to the ~erson or to
the Council because it will make their jobs more difficult. It is
important that they make the appointment tonight and get on with
all of the very important decisions that are facing the City.
Marilyn Hauk, 607 Camino Cotter, Anaheim. She recalled when the City
had to go to a special election to elect Bill Ehrle. If she truly
believed that the person that came in number three was, in fact, the
person who came in number three, it would be difficult for her to stand
before the Council tonight. Less than two-tenths of a percent separated
the top three vote getters. She then addressed her concerns relative to
the last election wherein Sharon Ericson was one of the candidates and
the actions of the Chamber against her. She then stated that the
Council does need to go to a special election, unless they just want to
see a puppet Council. Residents of the City deserve to fill that seat
and only the residents - not the Chamber and not the Council.
Phil Knypstra, 2520 Gelid, Anaheim.. Council Member Lopez came in number
one in the recent election, Council Member Zemel number two and the
Council knows that Shirley McCracken came in number three. He feels
what should be kept in mind is that they would be wasting $100,000 on a
special election. Filling the seat would be only for approximately
23 months. He believes that both (McCracken and Bostwick) are good
people but the person who came in third should "win". That is what
happens in any competitive race.
Steve White, 856 N. Clementine, Anaheim. He feels strongly filling the
vacancy should go to a special election. The people should have the
right to decide. Ir'has been 70 years since they had three seats to
fill at one time on the Council. He believes the voters would be
cheated if the Council takes it upon themselves to fill the vacancy.
There is the possibility that the City could be sharing the cost of a
special election with the school district so that the cost may be
considerably less.
754
City HaXX. Anaheim. CaX£fornia - COtINCXL MXN'd~ES - DECEMBER 13f 1994 - St00 P,M.
Mayor Daly. At the conclusion of public comments, he stated the
City Attorney has given the Council a summary of the various legal
issues involved. Any Council Member may nominate a citizen as
long as that person meets the minimumqualifications for
appointment. After nominations are made, the Council will vote to
close nominations and then vote on the nominees in the order in
which nominations were made. The person receiving the :highest
number of votes will be selected, if that person has at least
three affirmative votes.
Council Member Zemel. He ie appreciative of the input given
tonight. A lot has happened since the election, most importantly
the financial debacle in the County.. He believes it is necessary
to restore the citizen's confidence and trust. He does not want
the Council to lose focus on this all-consuming issue with regard
to the County investment matter. The Council needs to work
together as a team. He does not want to see divisiveness which
can happen if they attempt to appoint a pal or have the public
perceive they are appointing a "yes" person. He has reviewed the
Charter, minutes of recent Council Meetings and also some from
1986 and 1987. In July and August of 1994, there was a
recommendation brought forth on how the third Council seat might
be selected if Mayor Daly was elected as the first four-year
Mayor. At that time, Council Members Feldhaus, Pickler and Daly
voted against the concept of the Charter being amended to provide
that the third highest vote getter be automatically appointed to
fill the vacancy. At the time, he publicly agreed with that and
stated that whoever finished runner-up, including himself, would
have lost the November 8, 1994 election given the fact that people
were only given two votes to cast. However, he still feels it
would be illegal and misrepresentative to give that vote because
the person who may be best qualified perhaps did not even run.
The citizens deserve the best. On the other hand, the thought of
the cost of a special election is overwhelming considering what is
going on. He is torn between the two issues. He then briefed
and/or read Portions of minutes from 1986-87 when there was a
vacant seat to be filled and Bill Ehrle was the runner-up in the
1986 election. (See minutes of November 18, and December 16,
1986, January 6, January 13, January 27, February 3, February 10,
February 17, and February 24, 1987.) The Council could not agree
on a person to fill the vacancy. At that time, Councilwoman
Kaywood expressed - '... it is obvious and specific in the Charter
that the runner-up in an election is not the one appointed to a
vacant seat but it is the Council responsibility to make that
decision". And later, "the precedent has deliberately been set to
not appoint a runner-up".
He also feels that before an appointment can be made or should
even be considered that they get to the bottom of the financial
problem. He does not believe that will happen soon. Because of
the financial situation that the City is in and Potentially how
they got there, that they as a Council have the ability to risk
$169 million of taxpayer's money. How can they then say with that
ability they cannot afford to spend $80,000 - $100,000 to give the
taxpayers of the City the right to cast a vote to see who will
help them get their money back. It is unamerican and flys in the
face of responsibility and fairness. He is going to suggest that
they give the decision back to the people of Anaheim, that they
755
City Rail. Anahs£.. California - COUNCIL NIIC~TES - DECEMBER 13~ 1994 - S~00 P.M.
allow a special election and that as a Council they vow to stay
out of the election process by not endorsing candidates or raising
money for them. They should not vote for or against any candidate
or citizen but for the process. He will propose, absent having an
open forum to give notice or having other candidates come forward
with application, that they put this off for a special election.
Council Member Feldhaus. Tonight they have the opportunity whereby they
can show cooperative action that would exemplify their mutual
commitments to serving the best interest of the citizen-taxpayer. They
can save the exorbitant cost of a special election estimated to be about
$100,000. There was only a 247 vote differential between the third and
fourth place candidates and only 313 between the third and fifth. It
indicates that out of the overall votes cast of 51,531, they have three
very credible candidates that could be considered. Looking at his
options objectively as possible and weighing each of the candidates and
also telephone calls and letters from citizens lobbying him for their
choice, he has concluded his nomination should be Shirley McCracken. He
then gave his reasons why.
Council Member Feldhaus then formally offered the name of Shirley
McCracken as the nominee/appointee to fill the two-year unexpired term
of Council Member, now Mayor Daly.
Mayor Daly. He believes what happened five or ten years ago or even two
years ago, especially what previous members of the Council may have said
or thought is not relevant to the future of the com~unity today. What
is relevant is to move as quickly as possible to fill the vacancy.
There are many capable citizens in the coe~nunity. He believes Shirley
McCracken is the appropriate choice for a variety of reasons.
Appointing Shirley McCracken is the right thing to do and she is the
right person for the task at hand. He will be supporting Mrs. McCracken
for the vacant seat.
Council Member Lopez. It is a difficult decision for the entire
Council. They have all received numerous letters and calls, some
supporting Mrs. McCracken, some MrJ Bostwick, some Mrs. Ericson and some
supporting individuals who did not even run. He feels the $100,000 is
not even a factor. The City spends that much on consulting fees. The
three next top vote getters (McCracken, Bostwick, Ericson) were within
300 votes of each other. He feels he does not have the right to vote
for the citizens of Anaheim. As a police officer for the City for
twenty-six years, he knows rules change all the time but no one can take
away the right of the individual to vote for who they want to represent
them. He is not supporting any certain individual.
MOTION: Mayor Daly moved that nominations be closed. Council Member Feldhaus
seconded the motion. One vacancy. MOTION CARRIED.
A vote was then taken on the nominee~ the City Attorney reminded the Council
that it will take three affirmative votes to make the appointment.
756
City llallo Anahe4m. California - COUNCIL MINUTE8 - DECEMBER 13. 1994 - 5:00 P.M.
Roll Call Vote on Shirley McCrackenl
Ayesl Feldhaus, Daly
Noes~ Lopez
Abstained~ Zemel
Absent~ None
Vacancy~ One
The appointment of Mrs. McCracken failed to carry.
City Attorney White. Under the provisions in the City Charter, it
contemplates that the Council have a full 60 days in which to make an
appointment and only if the Council is unable to do so within that 60 days is
it then provided the City Council would call a special election to fill the
vacancy. Therefore, this matter will continue to be before the Council,
although not necessarily agendized, for the balance of the 60 days and they
could not entertain an action to schedule a special election until that
60 days has expired.
Mayor Daly. He requested that the matter again be placed on next week's
agenda.
C2. COUNCIL COMMENTS=
114~ COUNCIL MASTER CALENDAR FOR 1995 AND LIAISON COMMITTEE ASSIGNMENTS:
Council Member Feldhaus asked if the Council needed to discuss the master
calendar for 1995 tonight.
Mayor Daly. He asked if they were prepared to discuss the matter tonight.
The City Clerk has proposed a master calendar of Council meetings for 1995.
They could discuss it this evening or think about it and make some decisions
next week.
City Clerk Sob1. If the Council would like, they could review the schedule
individually and let her know and she could bring it back to the Council with
any changes.
Mayor Daly. He felt that was a good format, that the Council give their
individual comments to the City Clerk on a proposed meeting scheduled for
1995.
Council Member Feldhaus. He also inquired as to the liaison conunittees and
who will be the representatives on those committees.
Mayor Daly suggested the same format as with the master calendar. The City
Clerk has circulated a list of the various assignments in liaison committee
possibilities. Council Members should indicate the committees on which they
wish to serve and submit them to the City Clerk. The Council can then go
through them and make a final decision.
City Attorney White. Ne noted that eventually both items will be publicly
agendized for formal Council action.
Mayor Daly. He clarified that both matters will be on the public agenda for a
final vote - the master calendar for 1995 and the liaison committee
assignments.
757
C£tv Rall. Anaheim. C~l~orn£a - COUNCXL MIlql~ - DgC~_~_ 13, 199~ - ~00 P.M.
C3. 128: REPORT ON CLOSED SESSION ACTIONS=
City Attorney White. The only action reportable from Closed Session was
discussed at the outset of the meeting - rex the Orange County financial
crisis and that the City has engaged outside Legal Counsel to provide
assistance to the City regarding this matter.
114: APPOINTMENT OF REPRESENTATIVE TO THE ORANGE COUNTY SANITATION D~STRICT=
City Clerk Sohl. Because of the urgency of the situation, the Council may
wish to make an appointment to the sanitation district tonight.
Mayor Daly. As a result of the financial crisis in the County, the Orange
County Sanitation District is facing some major decisions which they have been
evaluating even prior to the County's declaration of bankruptcy, one being a
recommendation from the County Grand Jury that they consolidate some of the
County's sanitation districts. The City needs both a regular representative
and an alternate appointment on the Sanitation District Board to ensure that
at least one representative attends those meetings. With Council's
permission, he would like to make those appointments this evening.
City Attorney White. The Orange County Sanitation District has a meeting
scheduled for tomorrow night wherein it would be in the City's interest to
have a representative attend. This was not known at the time the agenda was
prepared and it is not possible to wait until the next meeting to make the
appointments. A motion to waive the 72-hour posting provision of the Brown
Act is in order.
MOTION: Council Member Feldhaus moved to waive the 72-hour posting provision
of the Brown Act because of the urgency to make appointments to the Orange
County Sanitation District, in view of the fact that a meeting is scheduled
for tomorrow night which was not known at the time the agenda was posted, and
as a result of the present crisis in the County making it imperative that
appointments be made this evening. Council Member Zemel seconded the motion.
One vacancy. MOTION CARRIED.
Mayor Daly confirmed for Council Member Feldhaus that the City's Mayor is
automatically a representative on the District Board, but it is necessary to
have an alternate because of the variety and frequency of those meetings.
MOTION: Council Member Feldhaus nominated Council Member Zemel as the
alternate City representative to the Orange County Sanitation District with
Mayor Daly being the City's regular representative. Council Member Lopez
seconded the motion. One vacancy. MOTION CARRIED.
city Clerk Sohl. She will notify the Sanitation DiBtrict inuned£ately, in the
morning, of the subject appointments.
ADJOURNMENT: By general Council consent the Council meeting of Tuesday,
December 13, 1994, was adjourned. (7:18 p.m.)
LEONORA N. SOHL, CITY CLERK
758