1995/07/11C~TY OF ANAHE~H~ CAL~FOI~I~ - COUNCIL H~NUTES
~ULY LL~ L995
The City Council of the City of Anaheim met in regular session.
PRESENT:
PRESENT:
ABSENT:
PRESENT:
MAYOR: Daly
COUNCIL MEMBERS: Tait, Lopez, Zemel Feldhaus
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
RISK MANAGER: Thomas Vance
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 2:40 p.m. on July 7, 1995 at the Civic Center kiosk, containing all
items as shown herein.
Mayor Daly called the meeting to order at 3:13 p.m.
REQUEST FOR CLOSED SESSION:
City Attorney Jack White requested a Closed Session noting first that
there are no additions to Closed Session items.
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
There were no public comments relative to Closed Session items.
The following items are to be considered at the Closed Session:
1. 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 LITIGATION:
Name of case: Anaheim Stadium Associates v. City of Anaheim, Orange
County Superior Court Case No. 44-81-74.
3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: 2000 Gene Autry Way (Anaheim Stadium Property)
Negotiating parties: City of Anaheim and the Golden West Baseball Co.
Under negotiation: Price and terms
CITY OF ANAHEIH~ CALIFORNI~ - COUNCIL ~INUTE8 - ~ULY LI~ L995
4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: (1) 1621 Douglass Rd.; (2) 1133 Homer St. and 1170 Anaheim
Blvd.
Negotiating parties: City of Anaheim and County of Orange
Under negotiation: Prices and terms
5. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - EXISTING LITIGATION:
Name of case: (a) City of Garden Grove v. City of Anaheim, Orange
County Superior Court Case No. 94-04-26; (b) Griffith Co. vs City of
Anaheim, et al., Orange County Superior Court Case No. 74-94-46.
6. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:
7. LIABILITY CLAIMS
Claimant: Bryan Cowan
Agency claimed against:
City of Anaheim
8. LIABILITY CLAIMS
Claimant: Pete Castillo
Agency claimed against:
City of Anaheim
9. LIABILITY CLAIMS
Claimant: Zhen Hua Zhu
Agency claimed against:
City of Anaheim
RECESS:
Mayor Daly moved to recess into Closed Session. Council Member
Zemel seconded the motion. Council Members Tait and Feldhaus were
absent. MOTION CARRIED. (3:14 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. (5:14
p.m.).
INVOCATION:
Moment of Silence was observed in lieu of the invocation.
FLAG SALUTE:
Council Member Tom Tait led the assembly in the Pledge of
Allegiance to the Flag.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,692,433.45 for
the period ending June 30, 1995 and $3,480,088.11 for the period ending July
7, 1995, in accordance with the 1995-96 Budget, were approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (5:15 p.m.)
Mayor Daly reconvened the City Council meeting. (5:24 p.m.)
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST=
CITY OF ANAHEIMv CALIFORNIA - COUNCIL MINUTES - JULY 11v 1995
Mr. Ted Thacker, 311 N. Beach Boulevard, Anaheim. He and his father have been
in the strawberry business for a long time and have stands throughout the
Southern California area. Now that he is a resident of Anaheim, he sees a
need for the establishment of such stands in the City although he knows they
are not allowed except at agricultural sites. There are not many such sites
in the City. He reiterated there is a need for strawberry stands. The fruit
he sells is fresh every morning and they sell out every day. The City should
allow them to open their stands on a probation basis. They are an attribute
to the community. Theyare proud of how they do business and they do very
well because it is a reflection of the need in the community.
Mayor Daly. He recommended that Mr. Thacker talk to the City Planning
Department for an explanation of the existing process and to advise where
there is existing agriculturally zoned property. If after doing so he still
has concerns, he should follow up with the City Manager and City Council.
PUBLIC COMMENTS - AGENDA ITEMS:
There were no public comments on City Council Agenda items.
MOTION:
Council Member Daly moved to waive reading in full of all
ordinances and resolutions to be acted upon for the Council
meeting of July 11, 1995. Council Member Zemel seconded the
motion. MOTION CARRIED.
CITY NANAGER/DEPARTMENTAL CONSENT CALENDAR:
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-115 through 95R-133,
both inclusive, for adoption and offered Ordinance No. 5506 & 5507 for
adoption. Refer to Resolution/Ordinance Book.
Al.
118: Rejecting and/or denying certain claims, and leave to present late
claim filed against the City.
a. Claim submitted by Zhen Hua Zhu for bodily injury sustained
purportedly due to actions of the City on or about February 3, 1995.
b. Claim submitted by Susan Hager c/o Baker and Burton for property
damages/bodily injury sustained purportedly due to actions of the City
on or about October 6, 1994.
c. Claim submitted by Pete E. Castillo c/o Ramon Otero, Jr. Esq. for
bodily injury sustained purportedly due to actions of the City on or
about November 13, 1994.
d. Claim submitted by Jacob L. Bietschek, a minor and Edwin F.
Bietschek, (father) for bodily injury sustained purportedly due to
actions of the City on or about January 7, 1995.
e. Claim submitted by Richard F. Conrad for bodily injury sustained
purportedly due to actions of the City on or about May 27, 1995.
f. Claim submitted by Debbie and Jesse Vickroy, Jr. for property damage
sustained purportedly due to actions of the City on or about March 23,
1995.
C~TY OF AN~IE~H~ C~L~FORNI& - COUNCIL HINUTES - ~ULY LL~ L995
g. Claim submitted by Cruz and Audelia Espitia for property damage
sustained purportedly due to actions of the City on or about February
24, 1995.
H. Claim submitted by Brian Robert Cowan for bodily injury sustained
purportedly due to actions of the City on or about September 1, 1994
through March 1, 1995.
I. Leave to present late claim submitted by Brian Cowan for bodily
injury sustained purportedly due to actions of the City on or about May
8, 1994 through September 1, 1994.
A2.
105: Receiving and filing minutes of the Community Redevelopment
Commission meetings held March 29, 1995, April 19, 1995, and April 26,
1995.
105: Receiving and filing minutes of the Golf Advisory Commission
meeting held May 25, 1995.
105: Receiving and filing minutes of the Public Utilities Board meeting
held April 6, 1995.
105: Receiving and filing minutes of the Anaheim Private Industry
Council meeting held April 27, 1995.
140: Receiving and filing the Anaheim Public Library Monthly
Statistical Report for the month of May, 1995.
105: Receiving and filing minutes of the Anaheim Public Library Board
meeting held May 24, 1995.
Council Member Feldhaus. He asked if the Council could receive the minutes of
the meetings of the various Boards and Commissions in a more timely fashion.
He likes to know what discussions are taking place and the decisions made.
City Manager Ruth. He will discuss the matter with each of the Boards and
Commissions to see what they can do to expedite minutes.
A3.
159: RESOLUTION NO. - .... A RESOLUTION OF THE CITY COUNCIL OF'THE CITY
OF ANAHEIM adopting the wage determinations of the Director of the
Department of Industrial Relations, and directing the filing and posting
of prevailing rates of per diem wages. (Continued from the meeting of
June 27, 1995, Item A9.)
City Manager Ruth. Action on this resolution will be continued one week for
an amendment to the wording as with the Redevelopment Agency and Housing
Authority resolutions pertaining to same. (See discussion under Agency Item 2.
of the July 11, 1995 Redevelopment Agency minutes.)
A4.
000: ORDINANCE NO. 5506: AN ORDINANCE OF THE CITY OF ANAHEIM amending
Chapter 10.12 of the Anaheim Municipal Code, and proposed resolution
establishing the amounts of deposits for solid waste collection, street
sweeping and waste water collection and disposal services. (Introduced
at the meeting of June 27, 1995, Item A18.)
000: RESOLUTION NO. 95R-115: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM CONCERNING SANITATION SERVICES DEPOSITS. (Continued
C~TY OF ~qAHE~H~ CALiFORNiA - COUNCIL H~NUTES - ~ULY LL~ L995
A5.
A6.
A7.
AS.
A9.
Al0.
All.
Al2 ·
Al3 ·
Al4 ·
Al5.
from the meeting of June 27, 1995, Item Al8, to be acted on in
conjunction with Ordinance No. 5506.)
132: ORDINANCE NO. 5507: AN ORDINANCE OF .THE CITY OF AN;~HEIM AMENDING
SUBSECTION .040 OF SECTION 10.10.060 OF CHAPTER 10.10 OF TITLE 10 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO FREQUENCY OF SOLID WASTE COLLECTION.
(Introduced at the meeting of June 27, 1995, Item Al9.)
132: Approving an Agreement with Security Land and Right of Way
Services, Inc., in an amount not to exceed $100,000 for acquisition
services. (Public Works.)
123: Approving and authorizing the Mayor and City Clerk to execute a
State-Local Transportation Partnership Program Agreement for the funding
of rehabilitation and/or reconstruction of existing street pavement on
Broadway from Atchison Street to Anaheim Boulevard.
158: RESOLUTION NO. 95R-129 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING CERTAIN REAL
PROPERTIES OR INTERESTS THEREIN TO THE CITY.
158: RESOLUTION NO. 95R-130 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING CERTAIN REAL
PROPERTIES OR INTERESTS THEREIN TO THE CITY.
160: Accepting the bid of Industrial Asphalt, in an amount not to
exceed $60,000 for asphalt concrete products, for a period of one year,
beginning in July 1995, in accordance with Bid ~5383.
160: Accepting the bid of Wesco Utility, in an amount not to exceed
$141,157.50 for 150,000 feet of 653.9 KCMIL greased ACSR wire, in
accordance with Bid $5413.
160: Accepting the low bid of the Okonite Company, in an amount not to
exceed $187,792.84 for 6,680 feet of 15 KV single conductor power cable,
in accordance with Bid ~5408.
184: Reviewing the need for continuing the Sixth Proclamation of the
Existence of a Local Emergency issued by the Director of Emergency
Services on January 3, 1995, concerning the Santiago Landslide and
Pegasus Landslide in the City of Anaheim; and taking no action to
terminate the local emergency at this time.
105: RESOLUTION NO. 95R-131 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM CONCERNING QUALIFICATIONS FOR MEMBERSHIP ON THE
INVESTMENT ADVISORY COMMISSION.
123: Approving the Sixth Amendment to Agreement with Cycom Data
Systems, Inc., for computer support services; and authorizing the City
Attorney and the Code Enforcement Manager to sign said Agreement on
behalf of the City.
152: RESOLUTION NO. 95R-132 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM (I) DESIGNATING DEPOSITORIES FOR CERTAIN CITY FUNDS,
(II) AUTHORIZING THE CITY TREASURER TO ESTABLISH ACCOUNTS WITH SAID
DEPOSITORIES AND DEPOSIT PUBLIC FUNDS OF THE CITY THEREIN,
(III) AUTHORIZING WARRANTS, DEMANDS, DRAFTS AND CHECKS TO BE DRAWN
AGAINST ANY ACCOUNTS ESTABLISHED WITH SAID DEPOSITORIES ON BEHALF OF THE
CITY OF ANAHE~H~ CALIFOI~& - COUNCIL H~NUTES - ~ULY ~L~ L995
CITY, AND (IV) AUTHORIZING THE CITY TREASURER TO OPEN ACCOUNTS WITH
FINANCIAL INSTITUTIONS AND CORPORATIONS FOR THE PURCHASE AND SALE OF
VARIOUS SECURITIES AND MONEY MARKET INSTRUMENTS.
A16 ·
123: Approving an Amendment to Agreement with Don Poff, Golf
Professional, for an additional six-month period ending February 2,
1996.
Council Member Feldhaus. He recounted the Council discussion about a year ago
on this issue where concern was expressed in giving a month-to-month contract
which would make it difficult for the individual to determine what his future
would be. A one-year extension was then given. He notes now in the language
of the new contract that although they may be extending it for an additional
six-month period, the City still has the right to terminate the contract on a
30-day notice. He asked, if a decision was made by staff to terminate the
contract within 30 days, would that have to come before the Council for
ratification.
City Attorney White. He answered, yes. The contract is with the City and
unless that responsibility is delegated to staff in the contract itself, staff
would not be in a position to terminate the contract without bringing it to
the Council.
City Manager Ruth. Staff has been working with the professional for a
considerable length of time. Staff laid out specific goals and objectives that
needed to be achieved to be competitive. The department feels it is important
and imperative to test the market which is within the purview of staff. They
decided to give the existing professional an additional six months which would
be a transitional period. It is not staff's intent to give a 30-day notice
and then to terminate the contract unless there is some significant drop off
in performance. They do not anticipate that happening. Based upon the length
of time they have been working with Mr. Poff, the six-month period is a proper
and reasonable transition period. If he chooses to submit a bid, staff will
consider that along with any others.
Council Member Zemel. It should be set up where if there is a problem, there
is a buyout unless there is a better way.
City Manager Ruth. That could be done. If there is a premature termination,
there would be some loss to the individual and staff does not want to harm him
in any way. They do not anticipate problems. Mr. Poff has been very
cooperative. He is deciding to possibly go into another business but if he
wants to bid under an RFP, he has the right to do that. He (Ruth) will keep
the Council informed of the status.
MOTION. On motion by Mayor Daly, seconded by Council Member Zemel, the
Council approved the subject Amendment to Agreement with Don Poff, Golf
Professional as recommended by staff. MOTION CARRIED.
A17.
A18.
123: Approving an Agreement with the Magnolia School District to
provide Park Ranger patrols of school facilities from July 1, 1995
through June 30, 1996.
123: Approving an Agreement with MSS Management Support Services for
the preparation of a gang prevention grant proposal as well as for
program evaluation services.
6
CITY OF ANAHEIMt C~LIFORNI~ - COUNCIL MINUTES - JULY 11, 1995
Al9.
185: Determining on the basis of the evidence submitted by Richard Sohn
of the Presley Companies, that the property owner has complied in good
faith with the terms and conditions of Development Agreement No. 88-02
for the 1995 review period.
Council Member Tait abstained on this item since he lives in the area covered
by the Development Agreement.
A20.
123: Approving.the Anaheim Resort Nonconforming Signage Program-
Participation Agreement, and authorizing the City Manager to enter into
such agreements with the demonstration project property owners or their
authorized agents on behalf of the City.
A21.
180: Ratifying the Risk Manager's structure and placement of the City's
commercial property insurance program for the period of July 1, 1995 to
July 1, 1996.
Council Member Tait. He did not see a premium amount for the all-risk
insurance.
Tom Vance, Risk Manager. That number was not given. The difference is simply
the $1,225,703 minus the savings figure of $132,000. The actual premium ended
up being even less -- it was $1,091,910.31 including premium, taxes, fees, a
service charge and State guarantee fund. They built a program similar to the
chart attached to the report. It includes earthquake and all-risk as a
package. There is no separate figure/premium for all-risk. They need to go
to a layered program such as this to get sufficient earthquake coverage. They
have coverage from every domestic insurer that has any capacity.
MOTION. Mr. Vance then clarified additional questions for Council Member Tait
at the conclusion of which Council Member Tait moved to ratify the Risk
Manager's structure and placement of the City's commercial property insurance
program for the period July 1, 1995 to July 1, 1996. MOTION CARRIED.
A22.
153: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM
MUNICIPAL EMPLOYEES ASSOCIATION, GENERAL UNIT, AND THE CITY OF ANAHEIM,
AMENDING ARTICLE 59 - CERTIFICATION PAY. (Continued from the meeting of
June 27, 1995, Item AS0.)
Council Member Tait. After he asked for a continuance of this item at the
June 27, 1995 Council meeting, he spoke with Mr. Jarvi, Director of Parks,
Recreation and Community Serves. He (Tait) is going to register a no vote
more for philosophical reasons. He disagrees with the idea of paying
certification pay as an incentive.
Mayor Daly asked if there was an interest in offering a replacement for the
proposed resolution; there was no recommendation for doing so by any Council
Member.
Mayor Daly offered the resolution, as recommended by staff, for adoption.
resolution failed to carry by the following vote: Ayes: Lopez, Daly
No: Tait, Zemel, Feldhaus.
The
A23.
153: RESOLUTION NO. 95R-133 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ADOPTING A MEMORANDUM OF UNDERSTANDING ESTABLISHING
TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN CLASSIFICATIONS
C~TY OF ~%N~%HE~ CAL~FORN~ - COUNCIL H~NUTES - ~ULY ~ L995
ASSIGNED TO THE PEACE OFFICERS UNIT REPRESENTED BY THE ANAHEIM POLICE
ASSOCIATION. (Effective July 14, 1995 through July 9, 1998.)
Council Lopez abstained on this Item.
Mayor Daly. He commended the City Manager and his Labor Relations team as
well as the leadership of the Anaheim Police Association (APA) on bringing
this matter to fruition. He believes this negotiation has resulted in a fair
settlement and also has resulted in a couple of economic concepts which will
pay dividends for the community in the short and long term. He thanked the
City Manager for a job well done in bringing the three-year labor package to
the Council. He also wants to thank the leadership of the APA and members of
the Police Department, all of whom contributed to a fine and fair settlement.
A24 ·
140: Authorizing the City Manager to enter into a contractual
arrangement with Anaheim Museum, Inc., to assume operational
responsibility for the Anaheim Museum.
Council Member Feldhaus. He noted that the 1986 lease agreement required $1
million comprehensive general liability insurance per occurrence in the
aggregate. The certificate shows a $2 million aggregate. Obviously there has
been a change somewhere along the line. Also, the certificate of insurance
shows it expired on February 28, 1995. He wants to know if it has been
renewed. He asked the premium cost for the differential between the two
amounts. If there is enough premium savings, it might be beneficial to relook
at that.
City Manager Ruth. He asked Mr. Lew Overholt who has been active in the
Museum to come forward.
Lew Overholt, 651 Dwyer Drive, Anaheim. He is on the Board of Anaheim Museum,
Inc. He cannot answer the question. He was told by staff that the policy was
renewed at the same level but he does not know that from his own knowledge.
City Manager Ruth. Staff will validate that.
Mayor Daly thanked the Board of Directors of the Museum and the City Manager's
Office for bringing the Council solutions to some of the problems that have
existed and hopefully this will set the stage for positive growth of the
Anaheim Museum.
A25.
175: Ratifying the action of the Public Utilities General Manager in
executing the ballot to accept the Amended Plan of Reorganization in the
Chapter 11 Bankruptcy Case of California Seven Associates Limited
Partnership, and authorizing the Public Utilities General Manager to
execute any necessary documents to accept the Plan, on behalf of the
City.
A26 ·
114: Approving minutes of the Anaheim City Council meeting held June
20, 1995, and the adjourned regular meeting of June 13, 1995, held June
20, 1995.
Roll Call Vote on Ordinance Nos. 5506 and 5507 for adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
Tait, Lopez, Zemel, Feldhaus, Daly
None
None
8
CITY OF ~LN2BLHE~ CAL~FORN~ - COUNCIL ~2NUTES - ~ULY ~, 2995
The Mayor declared Ordinance Nos. 5506 and 5507, duly passed and adopted.
Roll Call Vote on Resolution Nos. 95R-115 and 95R-129 through 95R-133, both
inclusive, for adoption~
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
Tait, Lopez, Zemel, Feldhaus, Daly
None
None
Council Member Lopez abstained on Resolution No. 95R-133.
The Mayor declared Resolution Nos. 95R-115 and 95R-129 through 95R-133, both
inclusive, duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
A27. 105: BOARDS/COMMISSIONS-APPOINTMENT/REAPPOINTMENT TO TERMS EXPIRING
JUNE 30, 1995: (Continued from the meeting of June 27, 1995, Item A54.)
105: COMMUNITY REDEVELOPMENT COMMISSION FOR NEW TERMS EXPIRING 6/30/99:
(Holguin, Pinson)
105: COMMUNITY SERVICES BOARD FOR NEW TERMS EXPIRING 6/30/99:
(Cason, Hibbard, Sofia)
105: HOUSING COMMISSION FOR NEW TERMS EXPIRING 6/30/99:
(COOk, Garda)
105: PLANNING COMMISSION FOR NEW TERMS EXPIRING 6/30/99:
(Caldwell, Mayer)
105: PUBLIC UTILITIES BOARD FOR NEW TERMS EXPIRING 6/30/99:
(Mejia, White)
105. SENIOR CITIZEN COMMISSION FOR NEW TERMS EXPIRING 6/30/98~
(Atwell, Willing)
Mayor Daly. He asked Council Members if there were any appointments or
reappointments they would like to consider for continuance to another date or
if they were prepared to vote tonight.
council Member Lopez. There are some candidates on which he did not have any
information. In particular, he thought that Jack Shafer submitted an
application for the Senior Citizen Commission but he did not see any
information. He also does not know those who wish to be reappointed. Many
have been in their positions for a number of years. He has not had a chance
to get to know these individuals and would like the opportunity to interview
some of the people. He does not want to hold up the voting, but he also does
not want to vote blindly.
City Clerk Sohl referred to the information that had been submitted noting
that on those who wish to be reappointed, they could be asked to fill out more
recent applications or she could recopy the old ones. A one-week continuance
would be sufficient if the information which is already on file is suitable.
C~TY OF ~N~'IE~H~ CAL~FORN~ - COUNCIL H~NUTES - ~ULY LL~ ~995
Otherwise, there would not be sufficient time to request new information;
Council Member Lopez stated that the information on file would be fine.
MOTION. Council Member Lopez moved to continue .appointments/reappointments to
Boards and Commissions for one week. Mayor Daly seconded the motion for
purposes of discussion.
Before action was taken, Council Member Zemel stated he is concerned that all
of the appointments will have to be held up. Candidates do not necessarily
have to submit a formal application in order for the Council to proceed with
appointments.
Mayor Daly. He asked for confirmation if the appointments/reappointments are
continued, that all the seats will remain filled.
City Clerk Sohl. The incumbents will remain in their seats until the Council
acts.
Council Member Feldhaus. He asked if there was anybody being removed or are
they making appointments on just those who resigned.
Council Member Zemel. Four people are asking not to be reappointed; nine
people will continue in their positions until and if they are reappointed.
Council Member Lopez. There appear to be some applicants who are better
qualified who may replace people already on a board but in all fairness to
those individuals, he would like to know if they should remain or not.
Mayor Daly. Seven days will give Council a chance to get additional
information about some of the existing commissioners. Those serving will
continue to serve. Of the 13 slots up for consideration, 9 involve citizens
who have been serving and who wish to continue serving. The other four are
vacancies.
Council Member Lopez. He wants to be sure the public knows he is not saying
that the members presently serving are not OK but he would like more
information.
A vote was then taken on the foregoing motion continuing
appointments/reappointments to Boards and Commissions for one week. Council
Member Zemel voted no. MOTION CARRIED.
A28. 105: BOARD AND COMMISSION ITEM:
Accepting the letter of resignation from the Public Utilities Board
submitted by Robert Schmahl. (This unscheduled vacancy was posted on
June 29, 1995, appointment will be scheduled July 18, 1995.)
MOTION. Mayor Daly moved to accept the resignation of Mr. Schmahl and that an
appropriate commendation for his service be prepared. Council Member Feldhaus
seconded. MOTION CARRIED.
City Clerk Sohl. She has already invited Mr. Schmahl to attend a meeting to
be honored by the Council.
10
CITY OF ANAHEIH~ CALIFORN~& - COUNCIL ~INUTES - ~ULY L~ ~995
Bi. 179 ORDINANCE NO. 5509 INTRODUCTION: Amending Title 18 to Rezone
property under Reclassification No. 93-94-02 located at 406 - 412 South
Kroeger Street from the RM-1200 zone to the ML zone.
Mayor Daly offered Ordinance No. 5509 for first reading.
ORDINANCE NO. 5509 (INTRODUCTION): AMENDING TITLE 18 TO REZONE PROPERTY
UNDER RECLASSIFICATION NO. 93-94-02 LOCATED AT 406 - 412 SOUTH KROEGER
STREET FROM THE RM-1200 ZONE TO THE ML ZONE.
D1.
129: CONTINUED PUBLIC HEARING - DESIGNATION OF VERY-HIGH
FIRE-HAZARD SEVERITY ZONE:
To consider an ordinance designating a very-high fire-hazard severity
zone as recommended by the California Division of Forestry.
At the meeting of April 25, 1995, Item D1, the public hearing was opened
by the City Council, and continued to the meeting of May 16, 1995, Item
D1, and again continued to this date to consider the following
ordinance:
ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM
ADDING NEW CHAPTER 16.40, SECTIONS 16.40.010 THROUGH 16.40.020,
INCLUSIVE, TO TITLE 16 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO
DESIGNATION OF VERY HIGH FIRE HAZARD SEVERITY ZONES.
City Attorney White. The hearing was opened previously and continued to this
date. Staff is requesting an additional continuance. A motion to continue
the Public Hearing to August 15, 1995 at the request of staff would be
sufficient.
Mayor Daly first asked if anyone was present to speak to the item; no one was
present.
MOTION. Council Member Zemel moved to continue the subject Public Hearing to
August 15, 1995 at the request of staff. Mayor Daly seconded the motion.
MOTION CARRIED.
Cl.
179: Making a determination pursuant to Section 23958.4(b)(2) of the
Business and Professions Code as to whether the public convenience or
necessity would be served by the issuance of a retail "off-sale"
alcoholic beverage license to the Chevron Service Center located at 1198
South State College Boulevard.
Submitted was report dated July 5, 1995 from the City Attorney.
City Attorney White. He briefed his report recommending that the Council make
a determination relative to the subject. Prior to January 1, 1995, all such
determinations of public convenience and necessity were made by the Alcoholic
Beverage Commission (ABC). The City Council is now vested with the
responsibility. The law, however, does allow the Council to delegate that
responsibility, either to the Planning Commission or some other body. The
11
C~TY OF AN~IE~ CAL~FORN~ - COUNCIL HINUTES - ~ULY LL~ ~995
next agenda item is establishing such a procedure making that delegation to
the Planning Commission. In the interim, they have received an application in
the form of a letter from the Attorney for the Chevron Station Operator, Holly
Hutchins, asking the Council to make the determination as to the public
convenience or necessity and to communicate that determination to the ABC to
allow them to issue a license for off-sale beer and wine. That is the matter
before the Council tonight. There are items the Council has in front of it
tonight for consideration as part of the process -- the Planning Commission
file from the hearing held January 9, 1995, staff report to the'Planning
Commission for CUP3732 dated January 9, 1995, resolution PC95-2 granting
CUP3732, memos from the Planning Department dated December 12, 1994 and
January 9, 1995 to the Planning Commission, four petitions received since the
Planning Commission hearing opposing the issuance of the beer and wine permit
containing approximately 71 signatures, and, as previously mentioned, a letter
from Holly Hutchins, Attorney at Law, dated January 13, 1995 requesting
determination by the City Council that a public convenience or necessity
exists.
Council Member Feldhaus stated he did not get a copy of the petitions and
would like to know what streets were involved; City Attorney White then read
the addresses listed on the petitions. He subsequently recommended, even
though this is not a Public Hearing, that the applicant should be given an
opportunity to address the Council before they make a decision.
Council Member Lopez. He noted one of the complaints came from approximately
four miles away from the business. He asked for clarification if anybody in
the City can sign the petition even though not in the same vicinity.
City Attorney White. Anybody in the City can sign a petition. They often
receive petitions signed by people inside an area or quite a distance away.
This petition was addressed to the City and received after the Planning
Commission hearing. It was received in April and went directly to the
Planning Department. It has not gone to ABC.
Council Member Lopez. According to ABC, if someone wanted to open a major
grocery store such as Lucky's in that area, they could not sell beer and wine
without permission.
City Attorney White. He confirmed that was correct. It would take a finding
of public convenience or necessity because it is located in an area of "undue
concentration" of other businesses with alcoholic beverage licenses as defined
in the Business and Professions Code. He then briefed for Council Member
Feldhaus the conditions imposed by the Planning Commission in the granting of
t~e CUP as contained in resolution PC95-2 submitted with the agenda material.
Mayor Daly asked to hear from the applicant.
Victor Koshkerian, Applicant/Owner, Chevron Service Center, 1198 S. State
College Blvd., Anaheim. He has petitions with 1,500 signatures of people who
are his customers. (He submitted the petitions). These people feel it would
be convenient for them as a customer if the Chevron Service Center was able to
sell beer and wine as well as the other merchandise in the mini market. His
gross monthly revenues are between $800,000 and $900,000. He will obey all
the rules and all Police Department regulations. His customers want one-stop
shopping instead of having to go to his station for one thing then someplace
else for another. He has already received approval under his CUP. He would
like the Council's help in being able to obtain his ABC license.
12
CITY OF ANAHEIMv CALIFORNIA - COUNCIL MINUTES - JULY 11, 1995
MOTION. Mayor Daly moved pursuant to Section 23958.4(b)(2) of the Business
and Professions Code that the public convenience or necessity would be served
by the issuance of a retail "off-sale" alcoholic beverage license to the
Chevron Service Center located at 1198 S. State College Boulevard subject to
certain findings. Council Member Tait seconded the motion.
Before a vote was taken, the Mayor asked the City Attorney to read the
proposed findings into the record. City Attorney White read the findings as
follows:
FINDINGS OF PUBLIC CONVENIENCE OR NECESSITY
The applicant operates an existing gasoline service station and mini-
market known as the "Chevron Service Center" on the premises located at
1198 South State College Boulevard, Anaheim, California.
2e
The applicant has requested a license from the Department of Alcoholic
Beverage Control for the retail sale of beer and wine for off-premises
consumption.
The applicant's premises are located in an area of undue concentration
of such licenses.
4e
The Anaheim Planning Commission has granted a conditional use permit,
subject to certain conditions, for the retail sale of beer and wine for
off-premises consumption in conjunction with a convenience market and
gasoline service station operated on the premises.
Se
The public convenience or necessity would be serviced by the issuance of
the requested license for the following reasons:
(a)
(b)
(c)
(e)
the applicant operates a convenience market on the premises
in conjunction with a gasoline service station;
convenience markets at gasoline service stations offer an
alternative to supermarkets for customers desiring to make
quick purchases of grocery and related items;
it would be convenient for shoppers desiring to make only
one stop for grocery and related items, including alcoholic
beverages, to be able to purchase beer and wine items on
the premises;
sale of beer will be limited to quantities of six packs or
greater and the sale of wine coolers shall be limited to
quantities of four packs or greater; and
other equally convenient alternatives for the purchase of beer
and wine for off-premises consumption are not currently avail-
able in the area of the premises.
A vote was then taken on the foregoing motion including the above findings.
MOTION CARRIED.
City Attorney White. The applicant should be aware that the City will
continue to monitor the location to make sure all the conditions as imposed by
the Planning Commission are complied with. Failure to comply could subject
the CUP to possible revocation. It is important that the applicant comply
with all conditions imposed as part of the CUP.
13
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - JULY ll, 1995
C2. 152: ESTABLISHING PROCEDURES AND DELEGATING RESPONSIBILITIES-RE: ABC
LICENSESS
Submitted was report dated July 27, 1995 from the City Attorney recommending
that the Council establish procedures and delegating certain responsibilities
relating to the issuance of Alcoholic Beverage Control (ABC) licenses.
City Attorney White explained this would establish a procedure for future
determination of public convenience or necessity by the City. As previously
indicated (see Item Cl.), the City Council is the responsible party for making
these determinations unless the Council chooses to delegate the responsibility
to another authority. The proposed resolution would delegate the
responsibility to the Planning Commission who would then make those
determinations where needed at the same time that they consider the CUP'S for
these types of premises. In those instances where no CUP is required, then an
initial application for public convenience or necessity would be made to the
Planning Commission and under a similar procedure as if there were a CUP, hold
a noticed hearing and make that determination which would be subject to appeal
to the Council.
Mayor Daly offered Resolution 95R-134 for adoption. Refer to Resolution book.
RESOLUTION NO. 95R-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AN~m~IM ESTABLISHING PROCEDURES AND DELEGATING CERTAIN RESPONSIBILITIES
RE~TING TO ISSUANCE OF LICENSES BY THE DEPARTMENT OF ALCOHOLIC BEVERAGE
CONTROL OF THE STATE OF CALIFORNIA AND AUTHORIZING A PROCESSING FEE.
Roll Call Vote on Resolution No. 95R-134 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-134 duly passed and adopted.
C3. 114: COUNCIL COMMENTS:
C4.
There were no Council comments.
112~ REPORT ON CLOSED SESSION ACTIONS:
City Attorney Jack White stated that there are no actions to report.
ADJOURNMENT: By general Council consent, the City Council meeting of July 11,
1995 was adjourned. (6:25 p.m.)
LEONORA N. SOHL, CITY CLERK
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