Loading...
1995/05/02CITY OF ANAHEIM, C&LIFORNIA - COUNCIL MINUTES M&y 2v 1995 The City Council of the City of Anaheim met in regular session. PRESENT PRESENT ABSENT ~ PRESENT MAYOR: Daly COUNCIL MEMBERS= Tait, Lopez, Zemel, Feldhaus COUNCIL MBMBERS: None CITY MANAGER= James Ruth CITY ATTORNEY: Jack White ASSISTANT CITY CLERK= Ann M. Sauvageau POLICE CHIEF= Randall Gaston VICE DETAIL: Sergeant Steven Walker VICE DETAIL= Lieutenant Jim Flamini UTILITIES GENERAL MANAGER: Edward Aghjayan A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 12 noon on April 28, 1995 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the workshop portion of the meeting to order at 3:22 p.m. City Manager, James Ruth. For the past several months, staff has discussed on various occasions the process behind issuing liquor licenses and their ultimate approval or disapproval. He has asked Police Chief Gaston and his staff to be present today to review that process with the Council and to give the background, criteria and guidelines which go into the Police Department's recommendations on liquor licenses. 156: LIQUOR LICENSE APPROVAL PROCESS Police Chief, Randall Gaston. Recently laws have changed in California with regard to the criteria applied to the issuance of ABC (Alcoholic Beverage Commission) licenses. The State legislature has given cities more say and the community a greater voice in the process. Today's presentation will be an overview of that criteria and how it is applied when evaluating a new license application. Sgt. Steve Walker and Lt. Jim Flamini, Vice Detail, are present to assist in the workshop presentation. Sgt. Steve Walker. The main purpose today is to explain the process the Police Department uses when determining if someone can qualify to have an ABC license. He gave a history of the process beginning in 1981 which remained the same until January, 1995. As of January 1, 1995, the State now allows the City to make the decision to approve or disapprove a license if a high-crime rate area is involved OR there is an overconcentration of licenses in an area. Prior to January, it was a high-crime rate AND overconcentration. Sgt. Walker then explained that the City is divided into 216 reporting districts and that the number of crimes committed in a year are divided by the number of districts. Crimes in Anaheim for 1994 divided by 216 reporting districts equalled 134 crimes per reporting district. Twenty-percent and above the 134 is considered a high-crime rate area. Further, the Bureau of the Census has provided a census tract map which tells how many people live in certain census tracts and there is a formula that the Police use which tells how many ABC licenses are allowable at a certain location based on population. An exception to the high-crime, high-concentration rule is public convenience CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES - May 2, 1995 and necessity where a business can still apply for a license claiming a need because the community has a need for a certain type of restaurant in an area. Sgt. Walker then invited the Council to view the map posted on the chamber wall covering 1994. He explained the data contained on the map wherein the Council Members and Police Department staff engaged in a discussion concerning the information provided and a discussion of ABC licenses in Anaheim in general. At the conclusion of the session, Mayor Daly thanked Chief Gaston and his staff for the informative presentation which will assist the Council in their future decisions relative to approval or disapproval of ABC licenses. REQUEST FOR CLOSED SESSIONs City Attorney Jack White requested a Closed Session, noting first that there are no additions to Closed Session items. PUBLIC COMMENTS - CLOSED SESSION ITEMS= There were no public comments relative to Closed Session items. The following items are to be considered at the Closed Sessions 1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO ~OVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATIONs Name o~ c&ses In re= County of Orange, Debtor, U.S. Bankruptcy Court, Central District Case No. SA 94-22272; and In res Orange County Investment Pools, U.S. Bankruptcy Court, Central District No. SA 94- 22273. 2. CONFERENCE WITH LEGAL COUNSEL'PURSUANT TO GOVERNNENT CODE SECTION 54956.9(a) - EXISTING LITIGATIONs Name of cases Anaheim Stadium Associates v. City of Anaheim, Orange County Superior Court Case No. 44-81-74. 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Propertys 2000 Gene Autry Way (Anaheim Stadium Property) Negotiating partiess City of Anaheim and the Golden West Baseball Co. Under negotiation= Price and terms 4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Propertys 5601 E. La Palma Avenue Negotiating partiess Anaheim Redevelopment Agency, City of Anaheim and TRW REDI Property Data Under negotiations Price (1st Trust Deed) RECESS: Mayor Daly moved to recess into Closed Session. Council Member Feldhaus seconded the motion. MOTION CARRIED. ( 4=08 p.m.) AFTER RECESS= The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. ( 5:24 p.m.). INVOCATION: In place of the invocation, a moment of silence was observed. C'rTY OF ANAHE'rM~ C/S. LTFORNTA - COUNC'rL M'rNUTES - M&y 2~ L995 St. Catherine's Military School of Anaheim presented the colors - Cadet in Charge, Ricardo Ruiz. FLAG SALUTE= Council Member Tait led the assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATIONS: PRESENTATION/INTRODUCTION - 1995 CINCO DH MAYO QUEEN~ Mr. John Kelly, Cinco De Mayo Committee. He is present today on behalf of Mr. Joel Guerena, President, who is ill. He first thanked the Council, City employees and staff who gave their time and talent to make this year's Fiesta the success that it was. He then presented the 1995-96 Cinco De Mayo Queen, Irma Ruiz who was accompanied by two members of her Court, Princesses Debbie Grafias and Nadia Garcia. Ms. Ruiz first thanked all those who continue to make the Fiesta possible. It was her pleasure to be present today as well as an honor to be chosen to represent the City as the Cinco De Mayo Queen for 1995-96. Mayor Daly welcomed Ms. Ruiz and her Court. He presented roses to the Queen and, along with the Council Members, congratulated her and wished her well during her reign. Recognizing May, 1995, as Better Hearing and Speech Month in Anaheim. Recognizing May 7 - 13, 1995, as Hire a Veteran Week in Anaheim. Peggy Crawford, Manager, Anaheim Employment Development Department, accompanied by Nancy Earsay, accepted the "Hire a Veteran Week" proclamation. Mayor Daly moved to recess the City Council meeting until after the Housing Authority and Redevelopment Agency meetings. Council Member Feldhaus seconded the motion. MOTION CARRIED. ( 5=36 p.m.) Mayor Daly reconvened the City Council meeting. ( 5252 p.m.) ADDITIONS TO THE AGENDA= There were no additions to the agenda. ITEMS OF PUBLIC INTEREST= Daniel Simmerman, 2330 Underhill Avenue, Anaheim. He first expressed his concern with the lack of accessibility to the Mayor's and City Manager's office when citizens need assistance with a problem in the City. He had a problem with the Police Department which he eventually resolved himself. He elaborated on the difficulties he had stating that the City has a lot of problems which the Mayor should be addressing. He relayed his current concern, that of a tree in front of his house whose growth is raising the sidewalk and gutter. Instead of the City removing the tree, the sidewalk and curb has been replaced three times. He offered to pay for removal of the tree, but was refused. There is also a problem in his neighbor's yard with standing water breeding mosquitoes. His concern is with City finances as well as safety. He feels the Council does not seem to be available when City residents call and ask for help. 3 CITY OF AN~HEIH~ CALIFORNIA - COUNCIL ~INUTE8 - ~&~ 2~ L995 Mayor Daly. After addressing Mr. Simmerman's concerns relative to accessibility of the Mayor and Council, he asked the City Manager to have staff follow up on the nature of the problems reported and subsequently report the steps taken to correct them. Mr. Sargis, 204 Pearson, Anaheim. He is speaking on behalf of some of the people who are not happy with the recent decision made wherein the Council adopted a resolution banning on-street parking in the Leatrice/Wakefield area (see minutes of 4/18/95 wherein the issue was discussed and Resolution 95R-59 adopted). They believe the decision was made without taking into consideration the needs of the tenants and landlords in the area. The economic impact on the neighborhood as a result of the decision is devastating. The owners started an association to develop ideas and solutions to the gang and drug problems. Initially, two Police Officers attended the meetings. Now representatives have been assigned who the owners feel are not very responsive to their needs. Tenants have started to move out and they are not going to be able to get other tenants to replace them. The action by the Council has a very serious impact. None of the owner's solutions were given serious thought by the Police or Code Enforcement such as permit parking. Some have hired security guards. He would like the Council to attend their meetings and listen to their needs. Mayor Daly. It is a pilot program and the City is hoping to receive the cooperation of the neighborhood in trying to make the program work. Mr. Ray Haywee. He owns property at 2041 S. Sprague Lane, Anaheim. He has owned the four-plex in the Leatrice/Wakefield area for 20 years and has had three vacancies for three years. He now has two tenants and both have two cars. He pays property taxes and his tenants pay for street sweeping, but there is no parking on the street and he wants to know why. He also does not want to tear up his property to put parking spaces on it. It took 20 years, but now he has a perfect piece of property but his tenants are going to move out. The City is going to ruin the area because all the apartments will be empty. He questions the legality of the action. He is not just going to let this happen. If it does, he is going to do something legally. He urged the Council to look at the matter again. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of May 2, 1995. Council Member Zemel seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT C~LEND~R~ on motion by Mayor Daly, seconded by Council Member Feldhaus, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar~ Mayor Daly offered Resolution Nos. 95R-63 and 95R-64 for adoption and offered Ordinance Nos. 5494 and 5495 for adoption. Refer to Resolution/Ordinance Book. Al. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held February 1, 1995. A2. 170= Approving the Final Map of Tract No. 14893, and the Subdivision Agreement with Living Stream, Inc., dba Living Stream Ministry~ and authorizing the Mayor and City Clerk to execute said Agreement. Tract CITY OF ANAHEIMv CALIFORNIA - COUNCIL MINUTEB - M&y 2v 1995 14893 is located at 1301 South Empire Street, and is filed in conjunction with Reclassification No. 93-94-08 and Variance No. 4625. A3. 123~ Waiving Council Policy 401, and approving an Agreement with IWA Engineers, in an amount not to exceed $190,000 for coordination and technical support services for freeway projects in FY 1995/96, and authorizing the Mayor and City Clerk to execute said Agreement. A4. 123~ Authorizing the Director of Public Works to terminate the June, 1975, Agreement with Caltrans for Maintenance of State Highways in the City of Anaheim, effective June 30, 1995. AS. 160~ Accepting the bid of V.I.P. Motorcycles, Inc., in the amount of $27,812 for four Kawasaki motorcycles, in accordance with Bid $5374. A6. 160= Accepting the bid of Hell-Dyne, Division of National Airmotive Corporation, in an amount not to exceed $60,000 for helicopter replacement parts, as required for the ~eriod July 1, 1995, through June 30, 1996, all in accordance with Bid $5377. A7. 160= Accepting the bid of P.S. Trading, in an amount not to exceed $90,000 for helicopter Jet A fuel and AVGAS 100, as required for the period July 1, 1995, through June 30, 1996, in accordance with Bid #5376. AS. 160~ Accepting the bid of Uniform Center, in an amount not to exceed $210,000 for Police uniforms and equipment as required 'for the period of July 1, 1995 through June 30, 1996, in accordance with Bid $5390. Ag. Al0. 160~ Accepting the bid of Familian Pipe and Supply, in an amount not to exceed $240,000 for approximately 800 tank type toilets and approximately 400 urinals, in accordance with Bid $5367. - 184= Reviewing the need fo~ continuing the Sixth Proclamation of the Existence of a Local Emergency issued by the Director of Emergency Services on January 3, 1995, concerning the Santiago Landslide and Pegasus Landslide in the City of Anaheim~ and taking no action to terminate the local emergency at this time. City Manager Ruth, answering Council Member Feldhaus, explained the reason why there is a delay in submitting a status report from staff~ the Geologist's report is a substantial document and staff is currently in the process of evaluating it. Staff's comments will be submitted to the Council shortly. All. 000: ORDINANCE NO. 5493~ AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .050 OF SECTION 10.12.085 OF CHAPTER 10.12 OF TITLE 10 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SEWER IMPACT FEES. 000~ ORDINANCE NO. 549&= AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 10.14.050 OF CHAPTER 10.14 OF TITLE 10 OF THE ANAHEIM MUNICIPAL CODE RELATING TO STORM DRAIN IMPACT FEES. (Introduced at the meeting of April 25, 1995, Item All.) Council Member Lopez. This matter has already been discussed (see minutes of April 4 and April 18, 1995). He does not support it and believes the area is too big. It includes residents who have been in the area 30 and 40 years. 5 CTTY OF ANAHEIM, C~LIFORNT~ - COUNCTL MTNUTES - ~ay 2, 1995 Mayor Daly. For purposes of the record, the fee will only apply to properties where increased development activity takes place. It is a development fee. If there is increased development on a property and an increased burden on the sewer system, that property owner would have to pay for the impact on the system. If there is no development, there is no fee. A12. 123: RESOLUTION NO. 95R-63: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY, THE CITY OF ANAHEIM, AND TRW REDI PROPERTY DATA. (In connection with the expansion and consolidation of the operations of TRW REDI Property Data at 5601 East La Palms Avenue.) Authorizing the Public Utilities ~eneral Manager to execute said Agreement. A13. 116~ Approving the JTPA Job Training Plan Modification Summary for Program Year 1995-1996. A14. 108: ORDINANCE NO. 5495: (INTRODUCTION) AN ORDINAHCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 2.12.010 OF CHAPTER 2.12 OF TITLE 2 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO TRANSIENT OCCUPANCY TAXES. A15 · 170: Approving the Final Map of Tract No. 14697, and the Subdivision Agreement with James P. Fant, et al., and authorizing the Mayor and City Clerk to execute said Agreement. Tract 14697 is located at 2144 W. Lincoln Avenue, and is filed in conjunction with Reclassification No. 94-95-01. A16. 175: RESOLUTION NO. 95R-64: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF ELECTRICITY AS ADOPTED BY RESOLUTION NO. 71R-478 AND MOST RECENTLY AMENDED BY RESOLUTION NO. 93R-225. Certifying that the adoption of the electric rates is statutorily exempt, under the California Environmental Quality Act, Public Resources Code Section 20180(b)(8), and Title 14 of the California Administrative Code Section 15273(a). Council Member Feldhaus. He was concerned relative to the second part of the proposal that the ratepayers are going to be assessed for the capital costs of relocating the street lights. Both City Manager Ruth and the Public Utilities General Manager, Ed Aghjayan addressed the concern. Mr. AghJayan explained that this proposal gives the City an option -- (1) in the event the City wants to put street lights into an area and there is a shortage of capital or, (2) do it the way it is done now by budgeting the total in the Public Works Department for street lights. Further, they did go through a noticing procedure for electric rate changes and hearings were held through the Public Utilities Board. City Manager Ruth explained that staff is exploring the possibility of using Measure M or Redevelopment money where appropriate as well as other non-general fund monies so that no costs will be passed on to the consumer. Roll Call Vote on Resolution No. 95R-63 for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus, Daly None None CITY OF ANAHEIM; CALIFORNI~ - COUNCIL MINUTES - May 2, 1995 Roll Call Vote on Resolution No. 95R-64 for adoption= AYES= MAYOR/COUNCIL MEMBERS= Tait, Lopez, Zemel, Daly NOES= MAYOR/COUNCIL MEMBERS= Feldhaus ABSENT: MAYOR/COUNCIL MEMBERS= None The Mayor declared Resolution Nos. 95R-63 and 95R-64 duly passed and adopted. Roll Call Vote on Ordinance Nos. 5493 and 5494 for adoption= AYES= MAYOR/COUNCIL MEMBERS= Tait, Zemel, Feldhaus,. Daly NOES= MAYOR/COUNCIL MEMBERS= Lopez ABSENT= MAYOR/COUNCIL MEMBERS: None The Mayor declared Ordinance Nos. 5493 and 5494 duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. Council Member Lopez voted no on Item All and Council Member voted no on Item A16. Al7 · 130= 5=00 P.M. PUBLXC HEARING MULTXVXSXON CABLE TELEVXSXON- REGULATXON OF RATES AND SERVXCES= TO consider approving the existing rates and charges for the basic service tier and associated equipment (MultiVision Cable TV) pursuant to Section 76.936 of the Rules and Regulations of the Federal Communications Commission (FCC). Kristine Thalman, Intergovernmental Relations Officer briefed her report dated May 2, 1995 recommending approval of the subject rates and charges. Mayor Daly opened the Public Hearing and asked to hear from anyone who wished to speak. There being no public input, the hearing was closed. Mrs. Thalman then answered questions posed by Council Member Lopez and Mayor Daly for purposes of clarification noting that the rates are already implemented and have been confirmed as being in conformance by the City's outside consultant. Further, rates cannot be changed due to cost of living or wages. Mayor Daly offered Resolutlon No. 95R-65 for adoption. RESOLUTION NO. 95R-65: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM PURSUANT TO SECTION 76.936 OF THE RULES AND REGULATIONS OF THE FEDERAL COMMUNICATIONS COMMISSION APPROVING EXISTING AND/OR PROPOSED RATES AND CHARGES FOR THE BASIC SERVICE TIER AND ASSOCIATED EQUIPMENT. Roll Call Vote on Resolution No. 95R-65 for adoption= AYES= NOES= ABSENT: MAYOR/COUNCIL MEMBERS= MAYOR/COUNCIL MEMBERS= MAYOR/COUNCIL MEMBERS= Tait, Lopez, Zemel, Feldhaus, Daly None None The Mayor declared Resolution No. 95R-65 duly passed and adopted. Al8. 105= APPOIHTMENT/REAPPOINTMENT OF SEVR3~ MEMBERS TO THE BUDGET ADVISORY COMMISSION= Using the procedure established by their Resolution No. 95R-39, nominating and electing seven members to reconstitute the Budget C~TY OF ANAHEim, CALIFORNIA - COUNCIL ~INUTE8 - ~&~ 2, ~995 Advisory Commission (two terms ending June 30, 1996, two terms ending June 30, 1997, two terms ending June 30, 1998 and one term ending June 30, 1999). Continued from the meetings of April lS, 1995, Item A26, and April 25, 1995, Item A14 to this date. Mayor Daly. Last week, Council Member Lopez suggested an idea he (Daly) feels is worth pursuing -- that each Council Member nominate one person to fill five of the seven seats with the knowledge that the nomination would not be binding on any Council Member. It would assist in expediting the process. Council Member Zemel did not favor that process but that nominations/appointments be handled in the traditional manner. Council Member Lopez. Every one of the individuals who applied are qualified to be on the commission. If Council Member Zemel nominates someone he (Lopez) will respect his ~hoice as well as the choice of any other Council Member. He will support those nominations. At the conclusion of discussion between Council Member Zemel and Mayor Daly relative to the two approaches for nominating people to the Budget Advisory Commission (BAC), Mayor Daly stated he was trying to move the item forward but if the Council prefers to have a series of nominations on each slot, he is willing to go through that process even though cumbersome. Council Member Tait nominated Jeff Farano for the term ending 6/30/96. MOTION~ Mayor Daly moved to close nominations. Before further action was taken, Council Member Zemel expressed concern that a motion to close nominations has been offered without the opportunity to nominate others for the first slot. City Attorney White. He clarified that the motion is to close nominations. If it passes, there is only one nominee for slot a. for the term ending 6/30/96. The Council would then vote on that nominee. It is required that there be at least three affirmative votes to elect a person to the commission. An abstention does not count. Council Member Lopez seconded the motion to close nominations. Before a vote was taken, there was additional Council discussion relative to the process wherein Council Member Zemel stated in his opinion what they are doing is closing off the process. When he ran for office, he promised he would support the best people to serve on commissions and take political favoritism out of the appointments. There are other qualified individuals not on the list of applicants and even the first person nominated is not on the list. There was no Council consensus that nominations should be closed~ thus, nominations remained open and the Mayor asked if there were further nominations. Before further action, City Attorney White stated it would be helpful to understand that under the Council's adopted rules, the Council is to vote on nominees in the order that nominations are made. The person receiving the highest number of yes votes, provided there are at least three, will be elected. Council Members are not prohibited from voting yes for more than one CITY OF ANAHE~H~ CALiFORNiA - COUNCIL ~NUTE8 - ~&~ 2~ L995 person. In the event there is a tie in the number of yes votes, he suggests that the Council revote only on those where there is a tie. He confirmed that abstentions count as nothing. Council Member Tait again nominated Jeff Farano. Council Member Zemel nominated Dan Van Dorpe. Council Member Feldhaus nominated Phil Knypstra. Council Member Lopez nominated Jhr~ie Kennedy. Roll Call Vote - Jeff Farano= Ayes= Tait, Zemel, Daly Noes= Lopez, Feldhaus Roll Call Vote - Dan Van Dorpe= Ayes= Zemel Noes~ Lopez, Feldhaus Abstain= Tait, Daly Roll Call Vote - Phil Kny~stra= Ayes= Zemel, Feldhaus Noes= Lopez Abstain= Tait, Daly Roll Call Vote - Jimmie Kennedy= Ayes= Lopez Noes= Feldhaue AbBtain= Tait, Zemel, Daly Mr. Jeff Farano was thereupon elected to the Budget Advisory Con~nission for the first term ending June 30, 1996 (slot a.). Nominations were opened for the second term ending June 30, 1996 (slot b.). Council Member Zemel nominated Ben Bay. Council Member Lopez nominated Jimmie Kennedy. MOTION= Mayor Daly moved to close nominations. Council Member Zemel seconded the motion. MOTION CARRIED. Roll Call Vote - Ben Bay= Ayes= Tait, Zemel, Feldhaus, Daly Noes= Lopez Roll Call Vote - Jimmie Kennedy= Ayes= LoDez Noes= Feldhaus Abstain= Tait, Zemel, Daly Mr. Ben Bay was thereupon elected to the Budget Advisory Commission for the second term ending June 30, 1996 (slot b.). Nominations were opened for the first term ending June 30, 1997 (Blot c.). Council Member Lopez nominated Jimmie Kennedy. Council Member Feldhaus nominated Gene Brewer. MOTION= Council Member Zemel moved to closed nominations. Mayor Daly seconded the motion. MOTION CARRIED. CITY OF ANAHEIM, C&LIFORNIA - COUNCIL MINUTES - M&y 2, 1995 Roll Call Vote - Jimmie Kennedys Ayes~ Tait, Lopez Noes~ Feldhaus Abstain~ Zemel, Daly Roll Call Vote - Gene Brewers Ayes= Tait, Zemel, Feldhaus, Daly Noes= Lopez Mr. Gene Brewer was thereupon elected to the Budget Advisory Commission for the first term ending June 30, 1997 (slot c.). Nominations were opened for the second term ending June 30, 1997 (slot d.). Council Member Lopez nominated Jimmie Kennedy. Council Member Feldhaus nominated Bill O'Connell. MOTION= Council Member Zemel moved that nominations be closed. Council Member Feldhaus seconded the motion. MOTION CARRIED. Roll Call Vote - Jimmie Kennedy= Ayess Tait, Lopez, Daly Noes= Feldhaus Abstain~ Zemel Roll Call Vote - Bill O'Connells Ayess Zemel, Feldhaus Noes~ Lopez Abstain~ Tait, Daly Mr. Jimmie Kennedy was thereupon elected to the Budget Advisory Commission for the second term ending June 30, 1997 (slot d.). Nominations were opened for the first term ending June 30, 1998 (slot e.). Mayor Daly nominated Dan Van Dorpe. Council Member Feldhaus nominated Kathryn Freshley. MOTION= Councll Member Zemel moved to close nominations. Mayor Daly seconded the motion. MOTION CARRIED. Roll Call Vote - Dan Van Dorpes Ayes~ Tait, Daly Noes~ Lopez, Feldhaus Abstain= Zemel Roll Call Vote - Kathryn Freshley: Ayes~ Ta£t, Lo~ez, Zemel, Feldhaus Noes= Daly Mayor Daly changed his vote declaring a unanimous vote for Mrs. Freshley. Mrs. Kathryn Freshley was thereupon unanimously elected to the Budget Advisory Commission for the first term ending June 30, 1998 (slot e.). Nominations were opened for the second term ending June 30, 1998 (slot f.). 10 CITY OF ~E'rH~ C~%L'rFORN~'~. - COUNCIL M'rNUTES - ~a~ 2~ 1995 Council Member Zemel nominated Bill O'Connell. Mayor Daly nominated Dan Van Dorpe. MOTION. Mayor Daly moved to close nominations. Council Member Zemel seconded the motion. MOTION CARRIED. Before further action was taken, Mayor Daly asked if Mr. O'Connell was an Anaheim resident. It was subsequently determined that Mr. O'Connell's business is in Anaheim, but his residence is Orange. City Attorney White clarified that according to the ordinance with a seven- member commission, no more than three members may live outside of Anaheim. Council Member Feldhaus. There are already three people who have been elected to the BAC that live outside of Anaheim, Mr. Farano, Mr. Brewer and Mrs. Freshley. Council Member Zemel withdrew his nomination of Mr. O'Connell. MOTION= Mayor Daly moved to re-open nominations. Council Member Zemel seconded the motion. MOTION CARRIED. Mayor Daly nominated Dan Van Dorpe. Council Member Feldhaus nominated Phil Knypstra. MOTION= Mayor Daly moved to close nominations. Council Member Zemel seconded the motion. MOTION CARRIED. Roll Call Vote - Dan Van Dorpe~ Ayes= Tait, Daly Noes~ Lopez, Feldhaus Abstain= Zemel Roll Call Vote - Phil Knypstra= Ayes~ Lopez, Zemel, Feldhaus Noes= None Abstain= Tait, Daly Mr. Phil Knypstra was thereupon elected to the Budget Advisory Commission for the second term ending June 30, 1998 (slot f.). Nominations were opened for the term ending June 30, 1999. Council Member Zemel nominated Dan Van Dorpe. Council Member Lopez nominated Shirley McCracken. MOTIONs Council Member Feldhaus moved to close nominations. Council Member Zemel seconded the motion. MOTION CARRIED. Roll Call Vote - Dan Van Dorpe= Ayes= Tait, Zemel, Feldhaue Noes= Lopez Abstain~ Daly Mr. Dan Van Dorpe was thereupon elected to the Budget Advisory Commission for the term ending June 30, 1999 (slot g.). 11 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - May 2, 1995 Mayor Daly then clarified those elected to the Budget Advisory Commission for the various terms= Jeff Farano Term expiring 6/30/1996 Ben Bay Term expiring 6/30/1996 Gene Brewer Term expiring 6/30/1997 Jimmie Kennedy Term expiring 6/30/1997 Kathryn Freshley Term expiring 6/30/1998 Phil Knypstra Term expiring 6/30/1998 Dan Van Dorpe Term expiring 6/30/1999 ITEMS B1 - B2 FROM THE PLANNING COMMISSION MEETING OF MAY 1, 1995 INFOI~ATION ONLY - APPEAL PERIOD ENDS MAY 23, 1995 D1. 134: NEQUEST TO DETERMINE CONFORMANCE WITH TH~ ANAHEIM GENERAL PLAN FOR THE PROPOSED SAT.~ OF COUNTY OWNED PROPERTY WITHIN THE CITY OF ANAHEIM: REQUESTED BY: COUNTY OF ORANGE GENERAL SERVICES AGENCY. LOCATION: 1621 South Douglass Road. ACTION TAKEN BY THE PLANNING COMMISSION (meeting of 5/1/95)= The Planning Commission's decision determined that the County's proposed property sale is in conformance with the City's General Plan. B2. 134: REQUEST TO DETERMINE CONFORMANCE WITH THE ANAHEIM GENERAL PLAN FOR THE PROPOSED S~T.~ OF COUNTY PROPERTY: REQUESTED BY: COUNTY OF ORANGE GENERAL SERVICES AGENCY, ATTN: DONNA GARZA, 14 Civic Center Plaza, P.O. Box 4106, Santa Ana, CA 92702 LOCATION: 1170 North Anaheim Boulevard. ACTION TAKEN BY THE PLANNING COMMISSION (meeting of 5/1/95): The Planning Commission's decision determined that the County's proposed property sale is in conformance with the City's General Plan. Mayor Daly. This is the first formal notification to Anaheim that the County intends to sell the subject properties and by law the City has the first right to submit an offer. After a period of 60 days, if the County does not accept the offer, the County has the right to go to open bid. City Attorney White. That is correct. It is anticipated next week on Council's agenda will be the issue of whether the City wishes to indicate to the County a desire to start the negotiating period to acquire either or both properties. The City has until May 15, 1995 to notify the County of its intent or interest. Upon doing so, that starts the 60-day period of negotiation. It would be staff's intent next Tuesday to agendize that as a closed-session, real property negotiation item;City Manager Ruth. It is possible there will be one other site as well. ITEM B3 FROM THE ZONINO ADMINISTRATOR MEETING OF APRIL 2?, 1995: DECISION DATE: APRIL 27, 1995 INFORMATION ONLY - APPEAL PERIOD ENDS MAY 8, 1995 B3. 179: SPECIAL CIRCUMSTANCES WAIVER 95-02: REQUESTED BY: REGISTER CHARITIES, 625 North Grand Avenue, Santa Ana, CA 12 CTTY OF ANAHETM~ CAL'rFORNTA - COUNCTL ~TNUTE8 - M&~ 2~ 1.995 LOCATIONs 1551 South Douglass Road. Petitioner requests approval of a 1-day (June 4, 1995) antique/collectibles sale for charity purposes. ACTION TAKEN BY THE ZONING ADMINISTRATORs Special Circumstances Waiver 95-02 APPROVED with conditions by the Zoning Administrator. Mayor Daly asked if this was acceptable to the operators of the arena relative to parking and also the display of the hot-air balloon for one week. Joel Fick, Planning Director answered yes, and Ogden (operators of the Arena) will make parking available. The Zoning Administrator's decision of approval was on condition that they obtain that parking. Relative to the hot-air balloon, he is not sure that Ogden is aware of that. The request was for a longer period initially and the Zoning Administrator limited it to a maximum of one week prior to the event. Annika Santalahti, Zoning Administrator. She confirmed that there were no events at the Arena on the date of the requested event. The concern of City staff is that an event like this may have unforeseen difficulties so only one date was approved. The Police Department, Code Enforcement and the Traffic Control Center are going to be looking at the event with a close and critical eye and to have a meeting after the event to review how it worked out. If the Register charities wishes to hold another event in the future, there will then be a history to refer to. Joel Fick. The original request was for two events, one in June and one in October. Staff had discussions with the Register and expressed concerns relative to event parking. The charity sale had already been advertised at the time they contacted the City. Consequently, the Zoning Administrator approved the request for this particular day only and did not act on the application for the Fall date. D1. 176s PUBLIC HEARZNG - ABANDONMENT NO. 93-2A~ To consider abandoning certain public streets, highways and service easements for the abandonment of that certain easement for ingress and egress extending easterly from Tustin Avenue approximately 150 feet north of Riverdale Avenue. At the meeting of March 28, 1995, Item AS, the City Council adopted Resolution No. 95R-45, duly published in the North Orange County New8 and notices thereof posted in accordance with law, declaring its intention to vacate certain public streets, highways and service easements, and setting this date as the public hearing to consider abandoning that certain easement for ingress and egress extending easterly from Tustin Avenue approximately 150 feet north of Riverdale Avenue (Abandonment No. 93-2A). REQUESTED BY: Pinetree Village, LTD., Three Point Drive S312, Brea, CA 92621 Submitted was report dated March 21, 1995 from the Director of Public Works and City Engineer recommending approval of Abandonment 93-2A. Mayor Daly opened the public hearing and asked if anyone wished to speak; there being no response, he closed the public hearing. 13 CITY OF ANAHEIMt CALIFORNIA - COUNCIL MINUTES - M&y 2t 1995 ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTIONs On motion by Mayor Daly, seconded by Council Member Zemel, the City Council finds that the proposed activity falls within the definition of Section 3.01 Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirements to file an EIR. MOTION CARRIED. Mayor Daly offered Resolution No. 95R-66 for adoption. Refer to Resolution Book. RESOLUTION NO. 95R-66~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ABANDONING CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS FOR THE ABANDONMENT OF THAT CERTAIN EASEMENT FOR INGRESS AND EGRESS EXTENDING EASTERLY FROM TUSTIN AVENUE APPROXIMATELY 150 FEET NORTH OF RIVERDALE AVENUE. Roll Call Vote on Resolution No. 95R-6& for adoption: AYES: NOES= ABSENT= COUNCIL MEMBERS= COUNCIL MEMBERS= COUNCIL MEMBERS~ Tait, Lopez, Zemel, Feldhaus, Daly None None The Mayor declared Resolution No. 95R-66 duly passed and adopted. D2. 176: PUBLIC HEARING - ABANDONMENT NO. 95-2A: To consider abandoning certain public streets, highways and service easements for the abandonment of that portion of Sanderson Avenue lying south of Phoenix Club Drive, easterly approximately 263 feet from Auto Center Drive. At the meeting of April 4, 1995, Item AS, the City Council adopted Resolution No. 95R-50, duly published in the North Orange County News and notices thereof posted in accordance with law, declaring its intention to vacate certain-public streets, highways and service easements, and setting thig' date as the public hearing to consider the abandonment of that portion of Sanderson Avenue lying south of Phoenix Club Drive, easterly approximately 263 feet from Auto Center Drive (Abandonment No. 95-2A). REQUESTED BY= Anaheim Redevelopment Agency, 201 S. Anaheim Bi., Anaheim, CA 92805 Submitted was report dated March 28, 1995 from the Director of Public Works and City Engineer recommending approval of Abandonment 95-2A. Mayor Daly opened the public hearing and asked if anyone wished to speak~ there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION= On motion by Mayor Daly, seconded by Council Member Zemel, the City Council finds that the proposed activity falls within the definition of Section 3.01 Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirements to file an EIR. MOTION CARRIED. Mayor Daly offered Resolution No. 95R-67 for adoption. Refer to Resolution Book. 14 CITY OF ANAHEIM, C&LIFORNIA - COUNCIL MINUTES - May 2, 1995 RESOLUTION NO. 95R-67: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AHANDONING CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS FOR THE ABANDONMENT OF THAT PORTION OF SANDERSON AVENUE LYING SOUTH OF PHOENIX CLUB DRIVE, EASTERLY APPROXIMATELY 263 FEET FROM AUTO CENTER DRIVE. Roll Call Vote on Resolution No. 95R-67 for adoption~ AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS~ Tait, Lopez, Zemel, Feldhaus, Daly None None Mayor Daly declared Resolution No. 95R-67 duly passed and adopted. Cl. 114~ COUNCIL Council Member Zemel. He would like to place on the next agenda a discussion by the Council to formally adopt a resolution opposing Measure R -- the County proposed sales tax increase. He feels it is time for the City to take a formal position on the matter. Mayor Daly. An issue that surfaced from time to time in recent years is the subject of an Anaheim visitor center to better guide visitors as they arrive in Anaheim. It is a role in some communities played by the Visitor & Convention Bureau (V&CB), Chamber of Commerce or community volunteers. He asked the City Manager to evaluate options and alternatives that exist for such a center to be located in or near the tourist area of the City which they have begun calling the Anaheim Resort Area which includes the Disneyland property and the Anaheim Convention Center. It could be entirely privately funded or publicly funded or a mix of funding. He would like to hear from the V&CB, Convention Center management and other interested persons on what they believe would be appropriate. His concept is a center that could include a reservation service for hotels and also a location where visitors could buy tickets to events in local venues such as the Stadium or the Arena, or receive information on anything of interest to tourists in Anaheim. C2. 112~ REPORT ON CLOSED SESSION ACTIONS: City Attorney Jack White stated that there are no actions to report. ADJOURNMENT= By general Council consent, the Council Meeting of May 2, 1995 was adjourned (7535 P.M.). Ann M. Sauvageau Assistant City Clerk 15