1995/01/10¢~tv Hall. ~heJ. m. Califor-4s - COUN¢!~ MINUTES - JANUARY 10. 1995 - 2=00 P.M.
The City Council of the City of Anaheim met in special session.
PRESENT:
PRESENT:
ABSENT:
VACANCY:
PRESENT:
MAYOR: Daly (entered-2:18 p.m.)
COUNCIL MEMBERS: Lopez, Zemel, Feldhaus
COUNCIL MEMBERS: None
COUNCIL MEMBERS: One
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
FINANCE DIRECTOR: George Ferrone
CITY TREASURER: Charlene Jung
FINANCE/ADMINISTRATION MANAGER: Bill Sweeney
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 2:15 p.m. on January 6, 1995 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Pro Tem Feldhaus called the special meeting to order at 2:15 p.m.
128: UPDATE ON ORANGE COUNTY BANKRUPTCy - IMPACT ON ANAHEIM:
City Manager James Ruth. This is the time set to update the Council and the
community on the Orange County Bankruptcy statue. It ie appropriate to give a
summary of the actions taken by staff and Council since the bankruptcy was
filed.
Mr. Ruth's presentation gave a briefing of all the things that had been done
thus far by the City as well as the ongoing actions, the highlights of which
were as follows:
Staff le meeting daily to consider all the new information in
order to advise the Council on actions the City should be taking,
the City Attorney is working with other City Attorneys and
agencies throughout the County, staff has communicated with all
City employees, business leaders, union representatives,
management organizations, Chamber of Commerce, and the City's
Budget Advisory Committee, retained a Portfolio Investment Advisor
in Kay Chandler, Chandler Liquid Asset Management and are in the
process of sununarizing her recommendations to staff, and the City
has retained legal counsel specializing in such matters. The City
has also instituted a hiring freeze, purchasing controls and is
reviewing capital improvement projects. The loss to the pool is
estimated at approximately 27% which translates to a $45.8 million
dollar loss to the City, $27 million of which is General Fund.
The City has filed for a partial distribution of funds which are
to be allocated back to the participants and is expecting to
receive $25.3 million this week. Pre-petition property tax
funding is also expected next week of approximately $4.5 million.
(Mayor Daly entered the Council Chamber during Mr. Ruth's presentation at
2:18 p.m.)
Following the City Manager, the Finance Director gave the background from a
fiscal standpoint.
Finance Director, George Ferrone, gave a fiscal review supplemented by slides.
On September 16, 1994, Standard & Poors raised the City of Anaheim's bond
City Hall. Anaheim. California - COUNCZL MZHUTES - JANUARY 10r 1995 - 2=00 P.M,
rating from AA- to AA givingAnaheim the highest rating by Standard & Peers in
the State of California. The first slide shows the comments issued to him on
September 15, 1994 in a confirming letter from Richard Lorkin, Director of
Standard & Peers identifying the basic reason for that upgrade - "The rating
was changed primarily because of proactive financial and economic development
strategies which have resulted in strong financial performance and continued
through limited economic growth despite receseionary pressures". He also
elaborated on other reasons why the upgrade was given. The practice that the
City has had over the past 18 years of selling reserves was a strong indicator
of why they raised the rating. He then deferred to the City Treasurer.
City Treasurer, Charlene Jung. Her presentation revolved around the City's
investment ~ool supplemented by slides. The $169 million in the County Pool
represents approximately 20% of the total $833 million of invested funds.
Roughly $100 million of the ~ounty Pool balance is attributable to the TAN - a
Tax Anticipation Note. In her presentation, she also explained how the City
makes investment decisions. Permitted investments are outlined in the State
Code and Anaheim goes one step further than the code. Although not required
by law, the City has an investment policy, which she explained. That
investment policy further restricts what the State Code allows. Relative to
investment in the County Pool, the previous treasurer opened the account in
February of 1991. The decision was a good one and a sound one based on the
information received at the time. The decision to remain in the pool was
again based on information provided by the County, the rating agencies and the
outside advisors. The pool was regarded as a viable investment option prior
to the bankruptcy because of the AA rating of the County and the fund's
liquidity. When the City issued a TAN in April, 1993, the rating agencies
asked for a letter confirming that the proceeds would be invested in the
County Pool. She questioned the analysis from both Standard & Peers and
Moodys if they were aware of the County's reverse reps program and if they
were familiar with the types of securities purchased by the County. The
response was yes to both questions. She also explained what happened when the
City rolled the TAN in April of 1994 where the rating agencies again requested
the same letter as in April of 1993. Once again, the rating agencies said
they felt very comfortable with the County Pool and were aware of the reverse
tepee and securities in the pool's portfolio. The rating agencies
endorsements indicated that a 200% level of reverse repos in a rising interest
rate environment was not a risk factor. The City continued to monitor the
reverse levels and by September, 1994, the County reports reflect reverse
levels lowered to 132%. From documents received and statements made by the
County, it appeared the County was taking appropriate steps to reduce risks.
Mr. Ferrone then gave an extensive explanation on the City's history relative
to Tax and Revenue Anticipation Notes sold starting in 1984 to present
(supplemented by slides).
The next presentation was by the City Attorney, Jack White, relative to the
City's legal recourses and actions being taken. He also noted that the County
and their offices are being monitored and investigated by the United States
Congress, the Attorney General, the Securities & Exchange Commission and
several other agencies. The bankruptcies, and particularly the pool
bankruptcy, present absolutely unique issues of law dealing with statutes
which have not previously been subject to judicial interpretation. The City's
objective is to recover 100% of the funds which the City had in the pool on
December 6, 1994. It appears that the County will seek to have all City
participants share in the losses. This is not acceptable and Anaheim is
prepared to proceed accordingly. He then briefed what actions would be taken.
To the extent that they have common interest, staff will be recommending
Ctty BalX, Anaheim, cal~fornZa - COUNCZL MXNU'~$ - ~ANUARY 10, 1995 - 2s00 P.M.
joining with other agencies to pursue the claims. The legal process will be a
complex and difficult one and it is expected that the City would be dealing
with aspects of the situation for the foreseeable future. The City will
remain dedicated to their goal to maximize recovery of the funds at the least
possible cost.
During the balance of the meeting, the City Treasurer reported on
restructuring the City's portfolio, possible expansion of the City's
investment committee, the City Manager reported on proposed strategies and
options to deal with the situation noting that the City will continue
operations as outlined and approved in the City's current budget and will
address the 1995/96 budget issues on January 21, 1995. Numerous questions
posed by Council Members were addressed by the City Manager, City Treasurer
and Budget & Audit Manager, Bill Sweeney. During discussion and questioning,
the City Treasurer again emphasized how much the City relies on rating
agencies to determine the best investment vehicles and how necessary it is to
do so. It is not possible to do an entire analysis on their own. After
explaining the process further, she concluded and emphasized that they rely on
the assurances of the rating agencies.
Mayor Daly. He asked what the rating agencies are saying in the wake of the
County bankruptcy.
George Ferrone. On the oversight issue, they are really not making any
comment at all but Standard & Poors and Moodys have put all of the cities on
credit watch and are now in the process of going through their individual
analysis. Staff is trying to get Anaheim out of those two scenarios because
of the strength of its portfolio. The rating agencies are not making any
comment with regard to what he would perceive would be some of their liability
in the issue.
Mayor Daly suggested that along with the presentations that have already been
made to the business community that those should be followed up with
additional presentations and briefings to as many business leaders as
possible. There are many large companies based in Anaheim who have been very
active in the City in the past. It is important to describe to those major
employers what the impact has been and what it is going to be on the City. He
suggested arranging a special briefing with those ten or twenty employers in
Anaheim and that if the Chief Executive Officers or Presidents could not
attend, that they send a representative. He also suggested it might be a good
idea to find a way to appoint citizens of Anaheim who have expertise in
investments or citizens who have an interest and solid financial background
to augment the in-house budget con~aittee and to include a couple of members of
the Budget Advisory Commission. He feels it is something they can discuss
over the coming weeks.
Mayor Daly asked if there were any public comments.
Phil Knypstra, 2520 Gelid Avenue, Anaheim. His issue is, how is the City
going to deal with a $45 million loss. What the County has done with their
problem is a "puny" effort. Taking a look at the City's portfolio, he does
not blame anybody in the City. The issue is that $27.5 million is 20% of the
General Fund and factoring into that the interest, the magnitude is even
greater. He is concerned relative to the electric and water utilities and he
thought the meeting today was going to deal with those issues. The County is
not doing much and Anaheim has to do better than Orange County.
C~V Rely, J~uaheimo Cali£ornia - COUNCIL #INUT~S - JB/~UARY 10. 1995 - 2~00 P.M.
Mayor D&ly. There will be a budget workshop on January 21, 1995 and
Mr. Knypstr& raises a good point. Staff needs to spell out what the next year
to six months holds for the City. One of the questions is how long they will
need the hiring freeze.
City Manager Ruth. Currently the intent is to discuss all the issues relative
to the budget on January 21. Today they tried to separate the issue laying
out options and scenarios.
By general Council consent, the special meeting of January 10, 1995 was
adjourned. One vacancy. (3~25 p.m.)
LEONORA N. SOHL, CITY CLERK
City Hall. Anaheim. Cal~fornia - COUNCXL MINOTES - JANUARY 10. 1995 - Sz00 P.M.
The City Council of the City of Anaheim met in regular session.
PRE SENT:
PRESENT:
ABSENT:
VACANCY:
PRESENT:
MAYOR: Daly
COUNCIL MEMBERS: Lopez, Zemel, Feldhaus
COUNCIL MEMBERS= None
COUNCIL MEMBERS= One
CITY MANAGER: James Ruth
CITY ATTORNEY= Jack White
CITY CLERK= Leonora N. Sohl
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT~
UTILITIES GENERAL MANAGER= Edward AghJayan
CODE ENFORCEMENT MANAGER: John Pools
PLANNING DIRECTOR= Joel Fick
Lisa Stipkovich
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 2=15 p.m. on January 6, 1995 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Daly called the meeting to order at 3=26 p.m.
REOUEST FOR CLOSED SESSION= City Attorney Jack White requested a Closed
Session noting first that there are no additions to Closed Session items.
PUBLIC COMMENTS - CLOSED SESSION ITEMS=
There were no public comments relative to Closed Session items.
The following items are to be considered at the Closed Session=
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.
2. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a~ - EXISTING LITIG~T~0N:
Name of case= Anaheim Stadium Associates v. City of Anaheim,
Orange County Superior Court Case Nos. 44-81-74 and 73-26-60.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE S~CTION
54956.9~a) - EXISTING LITIGATION=
Name of case= Delmonico v. City of Anaheim, Orange County
Superior Court Case No. 71-80-71.
Name of case= Lane v. City of Anaheim, Orange County Superior
Court Case No. 72-56-70.
Name of case= Commerce and Industry Ins. Co. v. City of Anaheim,
Orange County Superior Court Case No. 75-76-64.
4. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9¢a) - EXISTING LITIGATION:
Name of case: Duarte v. City of Anaheim, Orange County Superior
Court Case No. 71-95-46.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property~ Northeast corner of Ball Road and Harbor Boulevard
C~ty Hall, Am~_aheim, Cali£ornia - COUNCIL MINUTES - JANUARY 10, 1995 - 5:00 P.M.
Negotiating parties: City of Anaheim and County of Orange
Under negotiation~ Price and terms.
6. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of
Section 54956.9: i potential case.
Existing facts and circumstances: Challenge to voting procedures
concerning City Council vacancy.
7. LIABILITY CLAIMS
Claimant= Samuel Koenig
Agency claimed against~ City of Anaheim
8. LIABILITY CLAIMS
Claimant~ Day Thanong Mulford
Agency claimed against: City of Anaheim
9. LIABILITY CLAIMS
Claimant] Jack Aleshire
Agency claimed against: City of Anaheim
By general consent, the Council recessed into Closed Session. (3=25 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= Dr. Bryan Crow, The Garden Church, gave the invocation.
FLAG SALUTE= Council Member Feldhaus led the assembly in the Pledge of
Allegiance to the Flag.
~9: T~I~ FOLLOWING WERE RECOGNITIONS AUTHORIZED BY THE CITY COUNCIL THIS DATE
TO ~ ~ILED OR PRESENTED AT ANOTHER TIME:
Recognizing retiring City of Anaheim Employees with more than 20 years of
service:
Darrell Ament, John Cross, George Ennis, Sharon Ericson,
John Flanagan, Ronald Godsey, Robert Hammaker,
Stanley Kantor, Ben Lamas and Stephen Whitson.
Recognizing Start Pawlowski, Cypress College Foundation's "Man of the Year".
Recognizing Dizneyland Fire Chief, Bill ~llins for his efforts in arranging
the donation of "Captain D. Tector" to the Anaheim Fire Department.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,405,992.88 for the
period ending December 27, 1994; $1,555,223.25 for the period ending
December 30, 1994 and $1,916,680.56 for the period ending January 9, 1995, in
accordance with the 1994-95 Budget, were approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (5:30 p.m.)
Mayor Daly reconvened the City Council meeting. (5:36 p.m.)
ADDITIONS TO THE AGENDA: There were no additions to agenda items.
6
c:Ltv Hall. Anahe:J.m. Cal:Lfor'nia - COUNCIL 14IIqlYTES - JANUARY 10r 1995 - 5.*00 p.M.
ITEMS OF PUBLIC INTERESTs
Mayor Daly. He clarified for the City Clerk unless someone's schedule does
not allow for comments to be made at the time the C items are discussed, he
would like to wait until those items are heard to take comments. Otherwise,
the Council will hear those comments now. (No one spoke on the C items at
this time.)
Phil Knypstra, 2520 Gelid Avenue, Anaheim. He recently read an article in the
Register about the parking lot across from the POND (the Anaheim Arena). He
knows the City tried to negotiate a decent lease with the owners. They
decided to develop the property themselves but now are complaining that the
City was doing unkind things to them in not allowing them to have their fair
8hare of the parking revenues. He wants the people of Anaheim to understand
the City atteml~ced to negotiate a lease but this firm wanted to gouge the
City, so they developed the property on their own, and now they are "whining".
He believes that Ogden gets the parking revenue but Is not sure and that is a
question he has. He knows that the owners will be contacting the Council to
get their "fair share' and he asked that they show no pity.
City Manager James Ruth. Anaheim gets no revenue and Ogden gets no revenue.
It is privately owned and operated. The City also feels the complaint is
unfounded. The police have maintained traffic control all around the arena in
the most efficient manner possible. They have done a good Job and regret
those comments. There is no intent on the City's part to direct traffic away
from their lot but Just to minimize traffic problems in the area.
Curtis Stricker, 1117 Wakefield Place, Anaheim. He is President and Chairman
of the Board for Shelter for the Homeless which is the group in charge of the
armorys. They have a 125 bed facility in Santa Ana and he is requesting help
from all the churches in Anaheim to provide food. They will also need help in
providing nights where the people can be placed. Since the Orange County
bankruptcy, the Jail in Santa Ana does not provide the evening meal for the
homeless any longer.
Mr. Stricker continued, during the recent campaign, he promised if he became
Mayor he would hold town hall meetings. Mayor Daly said that the City holds
town hall meetings every Tuesday night. Town hall meetings to him are ones
which contain dialogue. He ase~unes this is not going to happen. He then
asked if any Council Members received donations from brokerage firms,
whereupon Mayor Daly noted that this was not a court room. He asked
Hr, Stricker t0 continue with his c0mmen~8,
Mr. Stricker asked if the Council had decided who was responsible for the
fiasco in the County and if they are not taking the responsibility, who is.
The Mayor made numerous statements during his campaign about bond ratings and
reserves as did all elected officials. He questioned why they did not know
about the situation in the County before the election. He asked by the
authority of the Charter for the Council to make a report to the people
instead of always the City Manager. Their job is required to report the
City's busine88 to the people and he asked when they were going to do that.
7
¢~y Hallr Anahet]n. California - COID~CIL MINUTES - JANUARY 10o 1995 - 5z00 P.M,
Jeff Kirsch, 2661 W. Palais, Anaheim. He posed questions relative to the
previous reco~mendation of staff approved at the meeting of December 20, 1994
regarding golf fee changes, specifically will the diversion of a part of those
revenues for a non-general fund purpose take those funds off the books and
reduce the results of the efforts of City staff to compete with privatization
proposals.
Mayor Daly. That question will be resolved as they get into the discussion on
next year°s budget. Policy direction has been given asking the City to set
aside funds. He does not believe a final decision has been made. It was not
the intention to detract from the goal given staff~ City Manager Ruth stated
that during budget hearings, the accounting and reporting of such funds will
be a budget issue.
PUBLIC COMMENTS - AGENDA ITEMS~ Public input received on Items A6 and A13
(see discussion under those 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 January 10, 1995.
Council Member Feldhaus seconded the motion. One vacancy. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDARs On motion by Council Member Daly,
seconded by Council Member Zemel, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar~ Council Member Daly
offered Resolution Nos. 95R-1 through 95R-4, both inclusive, for adoption.
Council Member Daly offered Ordinance No. 5475 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 Setco, Inc. for property damage sustained
purportedly due to actions of the City on or about June 3, 1994.
b. Claim submitted by Samuel J. Koenig for bodily injury sustained
purportedly due to actions of the City on or about October 31, 1994.
c. Claim submitted by Pilaf de Alba for property damage sustained
purportedly due to actions of the City on or about November 26, 1994.
d. Claim submitted by Doy Thanong Mulford, c/o Andrew R. Gale, esq., for
bodily injury sustained purportedly due to actions of the City on or about
June 14, 1994.
e. Claim submitted by Jack Marvin Aleshire, c/o Troy D. Roe, esq., for
bodily injury sustained purportedly due to actions of the City on or about
October 9, 1994.
f. Claim submitted by Brandon Elliott Livingston for property damage
sustained purportedly due to actions of the City on or about October 11,
1994.
8
C$~V ~all. ~n~b~, Cali~ornia - COUNCIL MII~'TES - ~ANUARY 10, 1995 - 5:00 P.M.
g. Claim submitted by Pacific Bell (BS46-8205)v attn: Warren Booth, for
property damage sustained purportedly due to actions of the City on or
about October 20, 1994.
h. Claim submitted by Philip C. La Puma for property damage sustained
purportedly due to actions of the City on or about November 9, 1994.
A2. 105= Receiving and filing minutes of the Golf Advisory Commission
meeting held October 27, 1994.
117= Receiving and filing a Summary of Investment Transactions for the month
of November, 1994, as submitted by the City Treasurer.
156= Receiving and filing the Anaheim Police Department's Crime Statistical
Report for the month of November, 1994.
173: Receiving and filing Southern California Gas Company Notice to Customers
of proposed $22.345 million rate increase (Application No. 94-12-006) before
the California Public Utilities Commission to recover costs due to the
January 17, 1994 Northridge earthquake.
175: Receiving and filing a Notice of Filing before the United States of
America Federal Energy Regulatory Commission regarding amendments filed on
November 3, 1994, and November 4, 1994 to the Washington Water Power Company
Docket No. ER94-1507-000.
175: Receiving and filing an Order Suspending Procedural Schedule and Setting
Date for Preheating Conference from Southern California Edison Company (Docket
No. ER94-1421-000) before the United States of America Federal Energy
Regulatory Commission.
A3. 123= To consider approval of District Agreement No. 12-156 A1 with the
State of California for right-of-way acquisition on the I-5 Freeway widening
project (West Street and Manchester Avenue). (Continued from the meeting of
December 6, 1994.)
City Manager Ruth. Staff is recommending continuance of this item to
February 7, 1995. ETA has been in contact with the City and it is appropriate
because of problems in the County that they continue to do that.
A4. 155= Approving a Negative Declaration, pursuant to CEQA findings, for
the construction of Lincoln Avenue - Beach Boulevard to Western Avenue (street
improvement project).
AS. 148: RESOLUTION NO. 95R-1= A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING A MEMORANDUM OF UNDERSTANDING WITH SOUTHERN CALIFORNIA
ASSOCIATION OF GOVERNMENT (SCAG) FOR PARTICIPATION IN THE CLEAN CITIES
PROGRAM.
A6. 123: Amending the Agreement dated April 26, 1994, between the City of
Anaheim and Hellmuth, Obata & Kassabaum, Inc., in the amount of $71,408, to
provide for additional architectural and engineering services required to
complete the Anaheim Stadium earthquake repair project. This will increase
the original agreement amount of $245,000 to a new not-to-exceed amount of
$316,408.
Jeff Kirsch, 2661 W. Palais, Anaheim. This seems to imply that the funds are
coming out of Stadium reserves. Since the program was instituted expressly
Cttv EaXXo An&he:La. CmX4£ornia - COUN'CIv. MIlqU*X~S - ,3'~NUARy 10, ~.99~ - ~t00 P.M.
for recovery of the damages, he asked if those funds should not come out of
the tax increments available instead of the reserves.
City Manager Ruth. There is no tax increment at this time. The work was
above and beyond what was required to put the scoreboard back into place.
Inspection required additional work to be done. They feel it is an
appropriate charge back for the reserves at the Stadium.
AT. 160~ Accepting the bids of Manhole Adjusting, Inc., and Ballin
Construction for an aggregate amount not-to-exceed $130,000 for manhole and
water valve adjusting, for a period of one year commencing January 10, 1995,
in accordance with Bid ~5343.
AS. 184~ Ratifying 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.
Council Member Feldhaus. He noted that this situation has been going on for
approximately two years and the City has been pumping out about 40,000 gallons
of water a day, yet the request is to continue the emergency. He asked at
what point in time this would end and do they have a date certain when they
are going to come forward and say this is no longer an emergency situation.
City Attorney White. They have continued the local emergency up to now and
have recommended continuing it until such time as they receive a report from
the geologist indicating their view of the stabilization of the hillside -
whether or not they anticipate further movement and the long-term solutions
that may be available to solve the problem. The City was originally promised
a report in December but due to some delays in putting it together, that has
been extended. They have been told they will be getting that report before
the end of this month. At such t~ne as the report is received and the report
indicates further movement is not anticipated or what remedial measures can be
taken to avoid further movement, it is the intention to recommend te~nination
of the local emergency.
A9. 185~ ORDINANCE NO. 5475 - ADOPTION= AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING ORDINANCE NO. 5297 RELATING TO ZONING AND DEVELOPMENT STANDARDS FOR
SP90-3 (Cypress Canyon) (nunc pro tune). (Introduced at the meeting of
December 20, 1994.)
Al0. 113~ RESOLUTION NO. ~5R-2~ A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN
TWO YEARS OLD. (Community Development Department - Housing Division and
Redevelopment Division.)
All. 123= RESOLUTION NO. 9~R-3~ A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARAHEIM APPROVING THE TERMS AND CONDITIONS OF A COOPERATION AND
CONTRIBUTION AGREEMENT FOR TRAFFIC SIGNAL INSTALLATION WITH THE ANAHEIM
REDEVELOPMENT AGENCY A~D SEVERP~ PROPERTY OWNERS. (New traffic signal
installation on La Palma Avenue west of Imperial Highway at the location of
the entrance driveways to the Cinemapolis theaters and the Imperial Promenade
shopping center).
A12. 184= Approving the submittal of two projects to the Governor's Office
of Emergency Services, for funding consideration through the Hazard-Mitigation
Grant program for the Southern California Firestorms (FE~-1005-DR-CA).
10
City Hall. Anaheim. California - COUNC~]~ M~NOTBS - JANUARY 10, 1995 - 5=00 P.M.
A13. 123= Approving the First Amendment to Agreement with Taormina
Industries, Incorporated, to haul tree waste for the purposes of recycling
that waste.
Jeff Kirsch, 2661 W. Palais, Anaheim. Consistent with the goals of recycling,
he suggested it might be feasible to offer this material to the citizens to
see if they want to use it in their own yards.
Al4. 123: Approving a Letter Agreement (Streambed Alteration Agreement)
dated September 23, 1994, between the State Department of Fish and Game, the
City of Anaheim, and the Presloy Company of Southern California for Deer
Canyon Park; and authorizing and directing the Director of Parks, Recreation
and Community Services to execute said Letter Agreement on behalf of the City.
A15. 106~ Approving the Fiscal Year 1994/95 Anaheim Arts Council budget
(projected expenditures and revenues $64,450).
A16. 139= Approving the Legislative Program Goals and Objectives in addition
to the 1995 Legislative Strategy included in the City of Anaheim 1995
Legislative Program, December 1994 report.
Receiving and filing the final 1995 Legislative Program Report dated December,
1994.
Al7. 175~ RESOLUTION NO. ~-4~ 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 AS MOST
RECENTLY AMENDED BY RESOLUTION NO. 93R-225. (Amending Rule 19 of the Electric
Rates, Rules and Regulations to change the Rate Stabilization Account
Stabilization Rate, effective January 2, 1995, as recommended by the Public
Utilities Board at their meeting of December 1, 1994.)
Council Member Zemel. He asked for a further explanation relative to the
recommendation.
Mr. Ed AghJayan, Public Utilities Director. He first gave the history of the
Rate Stabilization Fund which was established by Council policy a number of
years ago to handle refunds coming from Southern California Edison as a result
of over charges made to the City and the series of regulatory litigation that
followed instituted by the City. He also briefed the material contained in
the subject staff report which recommended amen~nent of Rule 19 which included
a discussion of the recently established right-of-way fee wherein the
Utilities started paying 1~ percent or approximately $4.5 million a year to
the General Fund to help balance the General Fund. The right-of-way fee will
be sunsetted in three years.
Council Member Zemel then Posed a number of follow-on questions relating to
the recommendation especially relative to the right-of-way fee which were
answered by ~oth the City Manager and the Public Utilities Director.
city Manager Ruth explained when they worked out the program to utilize the
right-of-way fee which generates about $3.9 million, approximately $2.1
million went to hiring additional police officers and to balance the General
Fund. They were hoping the economy would recover in those three years so that
the fee will not be needed at the end of that time. It was not the intent at
the end of that to raise revenues to compensate.
11
California - COUNCIL MINUTES - JANUARY 10. 1995 - S:00 P.M.
At the conclusion of the Consent Calendar, Counc£1Hember Zemel voted no on
this item.
A18. 114: Approving minutes of the City Council meetings held November 8,
November 15, November 22 and December 6, 1994, and the Special Session held
November 29, 1994.
Council Members Lopez and Zemel abstained on November 8, November 15 and
November 22, 1994.
Ro11 Call Vote on Resolution Nos. 95R-1 throuqh 95R-3r both inclusiver for
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. 95R-1 through 95R-3, both inclusive, duly
passed and adopted.
Roll Call Vote on Resolution No. 95R-4 for adootion=
AYES= MAYOR/COUNCIL MEMBERS~ Lopez, Feldhaus, Daly
NOES= MAYOR/COUNCIL MEMBERS: Zemel
ABSENT: MAYOR/COUNCIL MEMBERS: None
VACANCY= COUNCIL MEMBER: One
The Mayor declared Resolution No. 95R-4 duly passed and adopted.
Roll Call Vote on Ordinance No. 5475 for adoDtionz
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. 5475 duly passed and adopted.
END OF CONSENT CAT.~NDAR. MOTZONB C~wt~RRX~D.
Chairman Daly reconvened the Anaheim Redevelopment Agency meeting.
(6=22 p.m.)
A19. 123: PUBLIc HEARING - COOPERATION AGREEMENT BETWEEN THE ANAHEIM
REDEVELOPMENT AGENCY AND THE CITY OF ANAHEIM REGARDING DEVELOPMENT OF THE
DOWNTOWN COMMUNITY CENTERI
To consider the adoption of a resolution approving the terms and
conditions of a Cooperation Agreement with the Anaheim Redevelopment
Agency regarding development of the Downtown Community Center, and
making certain findings with respect thereto. Potential uses for the
Downtown Community Center include a Senior Citizens Center, City Human
Services Programs, City GYmnasium, Arts Center, YMCA, and Boys and Girls
Club.
12
City Hall. Anaheim. Cal£fornia - COUNCIL MINUTES - JANUARY 10. 1995 - 5:00 P.M.
Submitted was report dated January 10, 1995 from the Community Development
Department recommending adoption of the proposed resolution for the Council
and the Agency.
pUBLIC NOTICE REQUIREMENTS MET BY=
Publication North County News - 12/27/1994 and 1/3/1995
Published Mitigated Negative Declaration - 12/21/1994
Lisa Stipkovich, Executive Director of Community Develolxnent. She briefed the
subject report which explained the recommendation in detail and in concluding
note that the Agency/Council would be reviewing all bid documents,
construction drawings and concept plans as they did with all Redevelopment
Agency projects. This sets up the relationship between the City and the
Redevelopment Agency and authorizes the Agency to be the entity to both design
and develop the building and also identifies various funding sources that the
City would commit including block grant funds as well as Park and Recreation
fees and any other fees the City would determine through budgetary authority
to put into the project.
Mrs. Stipkovich then commented on a question raised earlier by Council/Agency
Member Feldhaus relative to one of the funding mechanisms being Agency bond
funds and if they would be affected by the situation in the County. The
report does state that the bond funds that Redevelolanent will be using are
necessary in order for the project to be completed and whether the bond funds
in the County Pool will still be available. Luckily, there was a larger chunk
of bond funds in a State Pool and in a separate account so they do have
sufficient bond proceeds to cover the proposed amount for the project, the
$3,000,000. Relative to county grant funds, those have not been committed and
the agreement allows if in the future they were to get those funds, they could
be allocated to the project.
Chairman/Mayor Daly. He asked if the action tonight set limits on the size of
the project or any of the funding potentials for the project.
Lisa Stipkovich. It does to the extent they have attached the proposed
phasing plan which they have already approved and the proposed budget for
phase one. To that extent, the money is an upper limit which will be
adequate. If not, they will come back and ask the Agency/City to amend the
co-op agreement. If it is City dollars going into the co-op agreement, it
does allow for some of that to occur Just by their budgetary authority. It is
only the expenditure of Redevelopment money that requires the public hearing.
Chairman/Mayor Daly asked the next step in the sequence after this evening's
public hearing if City Council decides to forgo the co-op agreement between
the City and the Agency?
Lisa Stipkovich. The architect is starting the design process. The next step
would be for concept plans to be submitted to the Agency for review along with
the budget. They anticipate bringing the next item forward in approximately
60 days. She also confirmed for Council/Agency Member Lopez that there will
be minimal spectator space to watch basketball games or other events but that
is not yet finalized. After talking with various groups, this could be
modified. There is no final design as yet.
Chairman/Mayor Daly opened the public hearing and asked to hear from anyone
who wished to speak; there being no response he closed the public hearing.
13
CXtv BaXX. ~n~he~m. Cal£fornXa - COUNCX~ MXl~I'X'g8 - JANUARY 10. 1995 - 5:00 P.M.
Counc£1 Member Feldhaus offered Resolution No. 95R-5 for adoption, approving a
Cooperation Agreement with the Anaheim Redevelopment Agency regarding
development of the Downtown Community Center and making certain environmental
and other findings with respect thereto. Refer to Resolution Book.
RESOLUTION NO. 95R-5 - COUNCIL: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING A COOPERATION AGREEMENT WITH THE ANAHEIM REDEVELOPMENT
AGENCY REGARDING DEVELOPMENT OF THE DOWNTOWN COMMUNITY CENTER AND MAKING
CERTAIN ENVIRONMENTAL AND OTHER FINDINGS WITH RESPECT THERETO.
Ro11 CaXX Vote on ResoXution No. 95R-5 for ado~ion:
AYES: AGENCY MEMBERS: Lopez, Zemel, Feldhaus, Daly
NOES: AGENCY MEMBERS: None
ABSENT: AGENCY MEMBERS: None
VACANCY: AGENCY MEMBERS: One
The Chairman declared Resolution No. ARA95-2 duly passed and adopted.
ADJOURNMENT - REDEVELOPMENT AGENCY: Agency Member Daly moved to adjourn the
Redevelopment Agency meeting. Agency Member Feldhaus seconded the motion.
One vacancy. MOTION CARRIED. (6:30 p.m.)
~Z'M Dt ~pECXALHEARXNG OFFXCER (ZONXNGADMXNXSTRATOR) MBETXNG OF DECEMBER 22.
1994:
DgCI~ON DATE: DECEMBER 29. 1994 XNFORMATXON ONLY
B1.
779: CONDITIONAL USE PERMIT NO. 3735r EXEMPT FROM CEOA:
OWNER: Alex Stavropoulos, 3025 East La Mesa Avenue, Anaheim, CA 92807
AGENT: Bill Badi Gammoh, 583 North Wrightwood Drive, Orange, CA 92669
LOCATION: 3025 East la Mesa Avenue (Funtease). Property is
approximately 0.56 acre, having a frontage of approximately 135 feet on
the north side of La Mesa Avenue, having a maximum depth of
approximately 180 feet and being located approximately 165 feet west of
the centerline of Kraemer Place.
To permit a Sex-Oriented Business (Funtease) a live performance sex-
oriented theater.
ACTION TAKEN ~¥ THE SPECIAL HEARING OFFICER ~ZONING ADMINISTRATOR~:
CUP NO. 3735 DENIED (DeciBion No. 94-33).
Pursuant to 18.89.030.0402 of the Anaheim Municipal Code the decision of
the hearing officer is final, and cannot be appealed.
For Council information only with regard to the decision of the Hearing
Officer.
B2. ~79: ORDINANCE NO. 5477 - INTRODUCTION: Amending Title 18 to rezone
property under Reclassification No. 93-94-08 located at 1301 South Empire
Street from the RS-A-43,000 zone to the RS-5000 zone.
Mayor Daly offered Ordinance No. 5477 for first reading.
ORDinANCE NO. 5477: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO
REZONE PROPERTY UNDER RECLASSIFICATION NO. 93-94-08 LOCATED AT 1301 SOUTH
EMPIRE STREET FROM THE RS-A-43,000 ZONE TO THE RS-5000 ZONE.
14
City Hell, Anahe£m. Cal~fornia - COUNCIL MINI?TBS - JANUARY 10, 1995 - 5z00 P.M,
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 Council Meeting of December 6, 1994, Mayor Daly asked that this matter
be placed on the Council Agenda of December 13, 1994. There was extensive
discussion and input received at the December 13, 1994 meeting and the
discussion was continued to December 20, 1994 where further input was
received. (See minutes those dates.) Although nominations were made to fill
the vacant seat, no nominee received three affirmative votes and, therefore,
no one was selected to fill the vacant seat. The matter was subsequently
continued to this date.
Mayor Daly. This item has been on the agenda and discussed three times
previously and the Council has not agreed on a person to appoint. He first
asked if there were any further thoughts on the matter by Council Members;
there was no response at this time. He has been supportive of appointing
Shirley McCracken. She is qualified and has earned their complete
consideration. As he stated previously, others deserve their consideration as
well. His goal is to attempt to reach consensus on appointing someone to the
Council. It is important to avoid the cost and distraction of a special
election as well as the possibility that the vacancy could, because of
scheduling conflicts, reduce the Council Members to three on occasions. He is
prepared tonight in the spirit of moving forward to offer or consider other
names that Council may want to put forth in nomination. With that in mind, he
is going to nominate a long-time resident of the community with outstanding
credentials of community service.
Mayor Daly nominated Mr. Paul Bostwick.
Council Member Zemel asked if it was the tradition to vote first on the
nomination and then go to the next.
City Attorney White. All nominations should be made and the nominations
closed and then a vote taken on the nominees in the order in which they were
made. If there are other nominations, it would be in order to make those at
this time.
Council Member Zemel. He is going to make a nomination and a brief statement.
Given the last couple of weeks where he had spoken about the City Charter and
that 105,000 residents were available to be considered, that is exactly what
has happened. He received perhaps a dozen letters of interest and some
additional application type letters. He is in the process of going through
those and will have a number of names to offer. There are some well intended
people who do not necessarily have the political ties of candidates who ran in
She last oloct£on and do not have the poas~h£1£ty of he£n~ peroe£ved aa a
special appointment. With the Orange County financial crisis and the
declining public opinion of elected officials, it is important that they put
their best foot forward. He thereupon offered the name of Cheryl Perreira,
noting that she lives in the east hills, is presently a Redevelopment
Commissioner and has sent a letter expressing her interest. He then
elaborated on some of her qualifications.
Mayor Daly stated they would invite public comments prior to voting; Council
Member Zemel suggested that be done at this time.
The following people spoke relative to the filling of the vacant Council seat.
Their comments are summarized:
15
¢$tT Eal~ Anahe~m~ ~al£~ornia - COUNCZL MZNUTBS - ~ANUARY 10o 1995 - 5:00 P.M.
Ron Bevins, Attorney, 333 City Boulevard West, Suite 1700, Orange.
Me represents Shirley McCracken with respect to her proposed
appointment and what they think to be her completed appointment to
the City Council. The Council has received a copy of their letter
submitted last week indicating Mrs. McCracken was appointed to the
City Council by a vote of two yes, one no and one abstention at
the meeting of December 13, 1994 and December 20, 1994 and pointed
out the rule under which she was appointed. They are also aware
and have undoubtedly been advised by the City Attorney that they
have filed a Writ of Mandate in this matter filed today and
Judge McDonald did issue an alternative Writ of Mandate to the
City Council and City Clerk to administer the oath of office to
Mrs. McCracken and to treat her as a member of the City Council or
to show cause before that court on January 20, 1995 which is
before the time the Council could appoint a candidate under the
Charter. It is his suggestion by further nominations they are
going to complicate an existing situation. He has discussed the
matter with City Attorney White. Under the reading of the
Council's rules, he (Bevins) finds no alternative but that Mrs.
McCracken was appointed at the Council meeting of December 13,
1994 and the meeting of December 20, 1994 and that at all times
after December 13th was entitled to take the oath of office by the
City Clerk. Naturally, Mrs. McCracken would like to come on board
with a unanimous vote of the Council. There is a hearing tomorrow
on a temporary restraining order on that matter set for 1=30 p.m.
He reiterated, to rush ahead with other nominations will create
more problems. Mrs. McCracken wants to cooperate in every way but
their advice to her was and continues to be that she was appointed
on December 13, 1994 by the vote of two yes, one no and one
abstention under the City Council rules. The only logical thing
is to continue the matter until after the hearing on the Writ of
Mandate on January 20 and he is urging that they do so at this
time.
Sharon Ericson, 6401 E. Knoll Ranch Road, Anaheim. She was ales a
candidate in the November election. If what Mr. Bevins is
suggesting goes through, she assumes they are going to go back at
least 20 years and determine that every abstention that has caused
some action is going to have to be reversed. If Mrs. McCracken is
going to be obliged, they are going to have to oblige a lot of
people.
Steven Armeson, 218 Beechwood Street, Anaheim. He has a right to
vote for who he would like to see fill the vacant seat. He urged
the Council to do the right thing and vote to hold a special
election. He also has a packet of petitions signed by Anaheim
residents who feel the same and also letters from Anaheim citizens
who would like a special election. He clarified that there were
about two dozen names in all.
Oscar Picasso, 1607 S. Maychelle Drive, Anaheim. It is important
that they are given the right to vote for their next Council
Member. He does not believe the Council should appoint another
person. His friends and neighbors also feel the same way. He
wants to believe that there is a concern about the expense of a
special election, but since no one thought to take care of this
matter before the election, he feels they have no other choice but
to spend the money. It is the will of the people.
16
City Hall. Anaheim. Cal££orn£a - COONCXL MXNOTES - ~NUP-RY 10. 1995 - ~0 P,M.
Lou Wagstedt. She is a long-time Anaheim resident, founder of a
large women's organization inAnaheim and current president of the
Ebell Club with 230 members. She urged that the Council appoint
Shirley McCracken to the vacant seat. She thereupon elaborated on
Mrs. McCracken's credentials and qualifications which make her the
perfect fifth Council Member. The majority of Anaheim is female
and it would be of concern to them if Mrs. McCracken is bypassed
for an expensive special election. Anaheim needs another full
time Council Member, now.
Jack Shafer, 211 S. Beach Boulevard, Space 21, Anaheim. He has
been concerned for some time about the integrity of the City
Council. Now that he has heard about the financial "bondage" they
are in, he is convinced that two of the Council should resign.
They are totally responsible for the loss of $50,000,000 of
taxpayer's money. He understands Mayor Daly and Council Member
Feldhaus received quite a sum of money from Merrill Lynch. (He
then quoted from an article in the Los Angeles Times.) Since they
are in this mess, there is no way they should even consider
appointing anyone for the open seat since, in his opinion, their
Judgement cannot be trusted. They Just want to appoint a yes
person. The citizens have had enough of irresponsible government.
Armando Sanchez, 1133 W. Chestnut Street, Anaheim. In the City's
last special election (1987), William Ehrle was elected
Councilman. He was next in line in the regularly scheduled
election (November, 1986) but the Council did not want him
appointed. After the special election, the new Council had the
opportunity and should have put a Charter change on the ballot to
let the voters decide how any future vacancy would be filled. Now
the Council wants the person next in line. It is the voters who
should have the last say.
Tim Hainline, 523 S. Resh Street, Anaheim. He has been an
employee of the City for six years. During the November, 1994
election, a lot of people worked hard to get Sharon Ericson
elected and it seemed to be paying off until the Chamber's 'last
ditch' effort to discredit her. The three runners-up in the last
election were separated by only 333 votes, definitely close enough
to Justify a special election. He is not asking that they appoint
Sharon Ericson, but Just give her and others an opportunity to run
in a special election.
Monica Perez, 752 N. Part Street, Anaheim. She is encouraging the
Council to appoint Sharon Ericson. If they want the person most
qualified, they will find her 21 years of experience as a City
employee exactly what is needed. She is not a politician but a
concerned resident of Anaheim.
Ofelia Murphy, 6577 E. Camino Vista, Anaheim. She is a retired
City employee of 33 years. She has nothing against Shirley
McCracken but believes that the most qualified person is Sharon
Ericson. She also believes that the Council and others do not
want to see her on the Council because she knows how things are
done and how taxpayer's money is being spent. With Mrs. Ericson,
it will not be politics as usual. She was trying to let the
Council know how the City has been spending taxpayer's dollars but
no one would listen. She urged that they do the right thing for
17
C~t¥ Ha11~ Kuaheim. Cali£ornia - COUNCXL MXIC0'~S - JKNUARY 10. 199~ - 5,00 P.M.
Anaheim's taxpayers. If they cannot appoint Mrs. Ericson, then
they should follow the Charter.
Curtis Stricker, 1117 Wakefield Place, Anaheim. The last time in
this situation the City had a special election. It is what has
been done in the past. It is the only fair way to do it. It
should be put on the agenda ~_~,~ediately and the Charter changed so
the problem does not arise again.
Dan Mehlhorn, 516 S. Alvy, Anaheim. He still believes they need
to have an election. The voters of Anaheim should have the
opportunity for an election.
Michael Blanco, (resident of 38 years.} He suggested that they
toss a coin and choose since he believes the next three runners-up
were all viable candidates. The expense of the City for a special
election is something to consider not to mention the expense to
the candidates. By the time an election is over with, the new
person will be on the Council for only 17 months. He does not
know how it can be fiscally responsible to hold another election.
He then cited some research he had done at the County Recorder's
Office relative to Mr. Zemel's business which, in his opinion,
shows that he (Zemel) is not fiscally responsible in his own
business. He reiterated there are three qualified candidates and
the Council should get on with it.
Beverly Horn, 1243 W. Pearl Street, Anaheim. She urged that the
Council move forward on the issue.
At the conclusion of public discussion, Council Member Zemel offered another
name in nomination.
Council Member Zemel thereupon nominated Mr. Steve Bristol whose civil
involvement started in 1975 when newly elected Miriam Kaywood nominated him to
the City's Charter Review Committee as an alternate to Bernard Karcher. He
then gave additional background and credentials on Mr. Bristol.
Council Member Feldhaus. He believes the Council needs the fifth member and
each member should have a person in mind. It should be someone who they can
all agree upon and save the City the cost of a special election. He will
support Mayor Daly's nomination of Paul Bostwick who he considers the next
most viable candidate.
Council Member Zemel. Before they continue, he questioned if it would be wise
to go forward considering the new litigation by Mrs. McCracken questioning the
Council rules. He asked that the City Attorney once again explain the rules
so that when they make comments, they know what the ultimate understanding of
those comments might be.
City Attorney White. He will be happy to discuss the matter after nominations
are closed.
Mayor Daly asked if there were any additional nominations~ there were none.
Mayor Daly moved to close nominations. Council Member Feldhaus seconded the
motion. One vacancy. MOTION CARRIED.
18
C£tv Hall. Anaheim. Cal£fornia - COONCZT. MINUTES - JANUARY 10. 1995 - 5~00 P.M.
Mayor Daly. He asked the City Attorney to comment on the procedural questions
raised by Mr. Bevins on behalf of Mrs. McCracken who questioned whether they
should proceed at all.
City Attorney White. He has had the opportunity on two recent occasions to
discuss with Mr. Bevins his interpretation of the rules under which the
Council is operating which differs considerably from his views. Mr. Bevins'
view is that two yes, one no and one abstention is sufficient. That is
primarily based upon his interpretation of the Council rules that the Council
adopted in 1988. Me (White) has a different interpretation. He believes that
the rules provide that there shall be no election by a plurality vote of the
Council which a two, one and one vote is, unless a motion is made by the
Council to elect by plurality. He also believes that the rules provide when
four Council Members are present, three members have to cast affirmative votes
and that abstentions are not counted as affirmative votes. Those would
continue to be his instructions to the Council. He provided the Council with
written advice two weeks before any nominations were made. He announced prior
to the vote both on December 13 and December 20, because there were four
members voting, that three affirmative votes would be required for an
election. The Council believed it was operating under those rules and in fact
it was operating under those rules and those continue to be the rules in his
opinion. Unless the City Council at this time wishes to deviate from those
rules and by motion decide to elect by plurality or some other method, his
advice is three affirmative votes will be required. He further suggested to
avoid any confusion, unless there is a legal basis to abstain, Council Members
should not abstain as to any of the votes tonight because of the questions
raised. There are three nominations and according to the rules, the Council
can vote on those in the order made. The person receiving the highest number
constituting at least three affirmative votes would be elected. The City
Council tonight has the legal ability to move forward and are not under any
impediment by the court. There is litigation pending on the issue, but the
court has not chosen to enjoin the City Council from proceeding with the
political process tonight.
Mr. Bevins again requested to speak7 Mayor Daly stated he would allow it only
if there was something new and different to offer.
Mr. Ron Bevins. There is litigation. There is the Writ of Mandate and an
Alternative Writ of Mandate issued by the court setting a hearing on the issue
for January 20, 1995 which is before the time within which the Council would
have to make a decision on the appointment if they are to do so. If there is
a situation where tonight they were to vote for any of the nominees in any way
whether by three votes or two to one to one, they will create a greater
problem. If they vote and vote by three affirmative votes, their lawsuit is
9till ~end£n~. He quegtioned if they are going to seat that person and give
the oath of office. If they do, they still have the lawsuit pending which
throws into question the validity of their action.
Mayor Daly. There are three nominations on the floor. They will take them in
the order in which they were made - the first is Mr. Bostwick, second is
Cheryl Perreira and third is Steve Bristol. He asked the City Attorney if
there are any procedural questions or any advise.
City Attorney White. He would remind the Council they should vote on all
three even if one gets three or more affirmative votes. They need to go
through the list because it is possible that someone could have a greater
number than three but it has to be at least three.
19
C~tv RaXX, 2%uahe~m, Cal~£ornia - COUNCX~ MXI~OTg~ - ~AI~JARY 10, 1995 - 5~00 P.M.
Council Member Lopez. He still supports an open election. During this past
week, he received over forty letters and phone calls. They feel as he has
stated in the past that only the voters can make that decision.
Mayor Daly called for a roll call vote first on Paul Bostwick:
AYES= Feldhaus, Daly
NOES= Lopez, Zemel
Mayor Daly called for a roll call vote next on Cher~l Perreira:
AYES= Zemel
NOES= Lopez, Daly
ABSTAINED= Feldhaus
Mayor Daly called for a roll call vote lastly on Steven Br£sto~:
AYESz Zemel
NOES: Lopez, Feldhaus, Daly
None of the nominees were appointed to fill the vacant Council seat.
council Member Zemel. It is sad to cast a no vote for Mr. Bostwick who is a
fine gentlemen and quality community member. He feels a no vote has to be
cast because of the litigation before the City. He does not want anyone
thinking in any way it is against Mr. Bostwick personally.
Mayor Daly. The matter will be back before the Council next Tuesday. By
then, they may know more relative to the legal question raised by
Mrs. McCracken but certainly not later than January 20, 1995. He asked the
City Attorney if he expected an answer by January 20, when Mr. Bevins
indicated the matter would be heard. He understands there is also the
possibility of appeals in the future as well. He asked if the judge indicated
he will make some type of decision one way or the other.
City Attorney White. He has and will again indicate to the judge the urgency
of a resolution to this matter before the time expires within which an
appointment can be made. Once 60 days runs, there is no longer an ability to
make an appointment and the only alternative is to call an election. It is
likely the Judge will rule on the 20th. He reiterated he will impress upon
him they will definitely need a decision before the 60th day. The last
regular Council Meeting is January 24, and he believes they have a couple of
more days towards the end of that week in case they would need to have a
special meeting.
C2. 107~ GARAGE SALES. YARD SALES. AND WEEKEND SALES IN INDUSTRIAL AREAS:
Discussion requested by Council Member Feldhaus at the meeting of November 1,
1994. This matter was briefly discussed at the meeting of November 22, and
December 20, 1994 (see minutes those dates).
Submitted for this meeting was report dated January 3, 1995 from the Planning
Department, Code Enforcement Division which listed on Page 23 alternatives the
Council may wish to consider enhancing enforcement efforts.
2O
City Hall. Anahe~l-. California - COUNCIL NI~8 - JANUARY 10. 1995 - 5:00 P.M.
City Clerk Sohl announced that there have been some requests from the public
to speak.
Carol Mehlhorn, 516 S. Alvy, Anaheim. She believes this is a much more
serious issue than they think. Garage sales are a way to help make ends meet
for many people and families. She stressed how economical it is for people to
buy clothes and other things at garage sales they cannot otherwise afford.
Having garage sales three times a year on predetermined dates as proposed at
the previous meeting is not the answer. She then elaborated on many of the
other benefits she sees with regard to such sales. She urged that they not do
anything relative to the issue and that instead they use their energies for
more important issues.
Mayor Daly. He stated it might be helpful if at this time staff would explain
their latest thinking. (See staff report dated January 3, 1995.)
John Pools, Code Enforcement Manager. Since the last meeting, the City
Attorney has prepared two ordinances for Council consideration which would
restrict garage sales to certain times a year. Staff has also given options
which the Council might consider which would focus staff's attention on the
problem garage sales. They have focused their attention on those sales which
are the real problem and not those people who have occasional garage sales.
Mayor Daly. Staff has an alternative approach. Rather than restricting the
number of sales, the proposed approach by staff would emphasize enforcement of
garage sales which operate on a continuing basis or for solely commercial
purposes and also staff is recommending informational flyers to inform
citizens of the new enforcement approach and lastly, the potential use of
volunteers to assist with enforcement. (See page 2 of report dated January 3,
1995.) That is the summary of a more involved staff proposal. He knows there
are speakers concerned about the limitation of the number and wants to make
sure they know staff is recommending a potential alternative of simply
enforcing garage sale limitations on those who are operating continual garage
sales.
John Pools, Code Enforcement Manager. The most complaints received are those
where people have weekend sales continually or those that are on commercial
property selling new items with a lot of signs. These cause a parking problem
in the neighborhood or business area. They hardly ever receive complaints
about the occasional garage sale.
Dan Mehlhorn, 516 S. Alvy, Anaheim. A limited number of dates, while sounding
easy to enforce, is really unfair to people who patronize garage sales because
they cannot afford regular retail outlets. His other concern is relative to
the use of volunteers and what the legal consequences could be. He then
expressed concern that when he and his wife asked for an appointment with a
Councilman to discuss the issue quietly, they were told by a staff person the
Council had no time to discuss garage sales.
Mayor Daly. If they were told that, it was an error and he apologized. He
encouraged Mr. Mehlhorn to call tomorrow and make an appointment.
Mr. Mehlhorn. He believes the fewer laws the better but he would support
cracking down on people who leave signs up forever and garage sales that are
really unlicensed businesses.
Dale Carpenter, 1791 W. Ball Road, Anaheim. Relative to a proliferation of
signs, the City has adequate sign control on the books. For those who object
21
~$~¥ Hall. ~lt~uahe~r Ca~$~ornia - COUNCIL MINUTES - JANUARY 10. 1995 - 5=00 P.M.
on the basis of increased traffic, if restricted to specific times, it would
serve to consolidate and make traffic unbearable. None of the Council people
were elected to put more government restrictions on the people. Garage sales
serve a segment of the population that cannot afford necessities that they all
take for granted. Such restrictions go against baaic freedoms. He is asking
that no further action be taken regarding restriction of garage sales.
Marilyn Hauk, 6071 Camino Cotter, Anaheim. She feels it is ridiculous that
the City would take the time and trouble to discuss whether or not laws should
be passed regarding garage sales. She would much rather see the Council
redirecting their energies to some of the prime issues.
Bob Ball. He is totally in favor of staff's recommendation to the Council but
would add one thing - help the Code Enforcement Manager in allowing him to
fine the people a little more - the habitual offenders.
Council Member Feldhaus. He said he did not want to draft new legislation to
control garage sales. In the first staff report, he did not think they were
getting proper attention for what he was after. Staff has now submitted a new
report where they recognize repeat violators who cause traffic, noise, blight
and signage problems - very sensitive quality of life issues in Anaheim. That
is what he wants to see happen in Anaheim. Staff has given three suggestions
as listed on page 2 of the January 3, 1995 report and as outlined by the
Mayor. He does not want to pass an ordinance to accomplish what staff is
going to do.
MOTIONs Council Member Feldhaus moved that no ordinance be adopted relative
to garage sales and yard sales but instead approving staff recommendations
listed on page 2 of report dated January 3, 1995 from the Code Enforcement
Manager with staff to report back to the Council in six months.
Before a vote was taken, Mayor Daly stated that Council Member Feldhaus is
suggesting that they proceed along the lines of the recent staff proposal
which would not involve a specific new regulation or ordinance but instruct
staff to give priority effort to continual garage sales where there is a
history of complaints.
Council Member Lopez seconded the motion. One vacancy. MOTION CARRIED.
Mr. Peele stated he would report back to the Council in six months.
C3. 114~ APPOINTMENT TO THE JOINT FIRE TRAINING FACILITY AND HAZMAT JOINT
~0W~RS AGENCY~
Appointment of either the Mayor or one of the Council Members to the Joint
Fire Training Facility and Hazmat Joint Powers Agency.
MOTION= Mayor Daly moved to appoint Council Member Frank Feldhaus as the
city's representative on the Joint Fire Training Facility and Hazmat Joint
Powers Agency. Council Member Zemel seconded the motion. One vacancy.
MOTION CARRIED.
C4. 114= APPOINTMENT TO THE FOOTHILL EASTERN TRANSPORTATION CORRIDOR
AGENCy:
Appointment of either the Mayor or one of the Council Members to the Foothill
Eastern Transportation Corridor Agency.
22
City Hall. Anaheim. Californ£a - COUNCZL MI~S - ~Ah~AR¥ 10. 199~ - 5:00 p.M.
Mayor Daly asked if there was interest by any Council Member.
Council Member Zemel stated that he was interested in the position.
MOTION= Mayor Daly moved to appoint Council Member Bob Zemel as the City's
representative on the Foothill Eastern Transportation Corridor Agency.
Council Member Lopez seconded the motion. One vacancy. MOTION CARRIED.
City Clerk Sohl announced that they did offer a representative and an
alternate. Meetings are held on the second Thursday of each month at
10~00 a.m. in the City of Santa Ana Council Chamber.
Mayor Daly. If an alternate is needed, then the matter can be discussed in
the future.
D1. 179~ PUBLIC HEARING - WAIVER OF CODE REOUIREMENT. CONDITIONAL USE PERMIT
NO. 3728 AND NEGATIVE DECLARATIONs
OWNERs McDonalds Corporation, Attn= Robert Lombardi, 4370 La Jells
Village Drive, ~800, San Diego, CA 92122
LOCATION/REQUESTs The property is located at 740 North Euclid Street
and is approximately 0.78 acre located on the east side of Euclid Street
and approximately 450 feet south of the centerline of Catalpa Drive.
The request is to permit the addition of an enclosed play/dining area to
an existing drive through restaurant with waiver of minimum number of
parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION=
CUP NO. 3728 GRANTED (PC94-152) (6 yes votes, i absent).
Approved waiver of code requirement.
Approved Negative Declaration.
HEARING SET ONs A review of the Planning Commission's decision was requested
by Mayor Daly and Council Member Feldhaus at the meeting of December 6, 1994
and public hearing scheduled this date.
PUBLIC NOTICE REOUIREMENTS ~ET Bys
Publication in Anaheim Bulletin - December 29, 1994
Mailing to property owners within 300 feet - December 27, 1994
Posting of property - December 29, 1994
PLANNING STAFF INPUT=
See staff report to the Planning. Commission dated November 14, 1994.
Mayor Daly. He has had an opportunity to discuss this with staff. His
interest in setting the hearing is that some similar expansions of fast-food
restaurants in Anaheim have been less than beneficial to the aesthetics along
some of the City's major corridors. They also generally remove parking and
this particular location is next to the Anaheim Plaza Redevelopment area. He
feels they need to be extra careful about the quality of the design along that
corridor. This property has a very unusual access and parking situation. He
wanted to make sure staff had every possible opportunity to review the
planning and design. He asked to hear from the Planning Director.
Joel Flck, Planning Director. The proposal is for a play area. It would be
incorporated into the existing building and the new construction. He then
briefed the staff report to the Planning Commission dated November 14, 1994
which gave the details of the project. The site has been zoned for commercial
23
Hall, Anaheim, California - COUNCIL MINUTES - JANUARY 10, 1995 - 5:00 P.M.
limited since 1959. In concluding his presentation, Mr. Fick confirmed for
the Mayor that he believes there are adequate design features to protect
against blight. The proposal requires all the equipment to be indoors. A
condition of the project requires development to occur in accordance with the
plans posted on the Chamber wall this evening. If not, they would have to go
back to the Planning Commission. Relative to the circulation, there is
restriping but he does not believe the drive itself is re-routed. The
applicant may want to provide commentary in that regard.
Mayor Daly opened the public hearing.
APPLICANT
STATEMENT~
Robert Lombardy, Civil Engineer for McDonalds. They believe that the
play land will contribute to the community as well as be positive for
all. The drive through as it stands now, the access and the way traffic
is routed, will not change. There is an access now in front of the
restaurant which will remain and it meets code. He reiterated traffic
circulation will remain the same. The project represents a sizable
investment on their part, but they believe the benefit outweighs the
investment. It will provide fun in a safe and dry place for children
and their parents. Planning staff worked with them. The Planning
Commission unanimously supported the project. They feel their customers
will not only support it, but will love it. If there are any questions
regarding traffic or operation of the facility, their traffic consultant
is present tonight as well as the operator of the store.
PUBLIC DISCUSSION -
ZN FAVORz
None
PUBLZC DISCUSSION -
ZN OPPOSZTZON:
None
Mayor Daly closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION= On motion by Council
Member Daly, seconded by Council Member Feldhaus, the City Council approved
the negative declaration upon finding that it has considered the negative
declaration together with any comments received during the public review
process, and further finding on the basis of the initial study and any
comments received that there is no substantial evidence that the project will
have a significant effect on the environment. One vacancy. MOTION CARRIED.
Mayor Daly offered Resolution No. 95R-6 for adoption, approving Conditional
Use Permit No. 3728 subject to all City Planning Commission conditions. Refer
to Resolution Book.
RESOLUTION NO. 95R-6~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
GRANTING CONDITIONAL USE PERMIT NO. 3728.
24
City Hall. An&helm. ~alifornia - COUNCIL MINIJTES - JANUARY 10. 1995 - 5:00 P,M.
Roll Call Vote on Resolution No, 95R-6 ~or &doDtion:
AYES= MAYOR/COUNCIL MEMBERS= Lop. z, Zemel, Feldhaus, Daly
NOES= MAYOR/COUNCIL MEMBERS= None
ABSENT= MAYOR/COUNCIL MEMBERS= None
VACANCY= COUNCIL MEMBER= One
The Mayor declared Resolution No. 95R-6 duly passed and adopted.
C5. 114= COUNCIL COMMENTS - SOUNDWALL=
Mayor Daly. The Council received a letter dated December 16, 1994 from
Karen Winkle representing the Anaheim/Sent. Fe Neighborhood Safety Coalition
involved in supporting a soundwall along the Sent. Fe Railroad line north of
La Palms, east of Imperial (Northfield Avenue neighborhood). She is asking
that this matter be placed on a future Council agenda, requesting that the
State Transportation Commission allocate funds for the soundwall. There have
been many previous discussions on the matter.and he is suggesting that the
Council schedule the item for a future agenda and to receive an update on
anything that has transpired. It should include an analysis of the
feasibility of a request to the State Transportation Commission and what the
State posture has been in the past. He believes that staff has received a
copy of Mrs. Winkle's letter which refers to the possible availability of
Proposition 116 funds and asking Anaheim to make a formal request for those
funds. That should be one of the alternative actions as well as an update on
anything else staff recommends.
City Clerk Sob1 stated that the City Manager suggests that the item be
scheduled for the first meeting in February.
Mayor Daly. He reiterated the Council will need more details on what the
State Transportation Commission is likely to do and what limitations there are
on their ability to allocate funds.
BEACH BOULEVARD IMPROVEMENT=
Mayor Daly. There is a need for a major clean-up along Beach Boulevard
especially vacant properties. It only takes one police ride along to realize
there are a couple of properties which are classic blight areas harming
property values in the whole area and which are a cause of crime. He and
Council Member Lopez were discussing Beach Boulevard and would like to ask
staff to expedite their efforts in that area. Staff has been evaluating it as
a potential redevelopment area. He is asking that staff report back to the
Council es to the advisability of proceeding to form a redevelopment area
along portions of Beach Boulevard in Anaheim. Cities to the north and south
already have redevelopment areas running up to Anaheim's borders. He knows
that State Redevelol~nent laws have changed but it will be worth seeing an
analysis of the feasibility of proceeding.
C6. 112= REPORT ON CLOSED SESSION ACTIONS~
City Attorney Jack White reported that the Council waived any potential
conflict of interest to allow the law firm of Rourke, Woodruff & Spradling to
represent Accel - re= City's excess insurance pool with relation to the 17
landslide litigation cases.
The vote was all Ayes with one vacancy.
25
CStT Hall, Anahe~a, Ca~fornia - COUNCIL MINUTES - JANUARY 10, 1995 - 5:00
ADJOURNNENT= 8¥ general Conaent the Counc£1 Heet£ng of January 10, 1995 wac
adjourned. (8=12 p.m.)
LEONORA N. SOHL, CITY CLERK
26