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1994/05/24City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 1994 - 5:00 P.M. PRESENT: ABSENT: PRESENT: The City Council of the City of Anaheim met in adjourned regular session. COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White ASSISTANT CITY CLERK: Ann M. Sauvageau HUMAN RESOURCES DIRECTOR: Dave Morgan BUDGET AND AUDIT MANAGER: Bill Sweeney A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 12:10 p.m. on May 20, 1994 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the adjourned regular meeting of May 17, 1994 (held May 24, 1994) to order at 2:04 p.m., all Council Members being present. City Manager Jim Ruth. He introduced Dave Morgan, Assistant City Manager, who will begin the presentation on the E1 Toro Reuse followed by additional speakers on the issue. 173: EL TORO REUSE: Assistant City Manager, Dave Morgan. The presentation will cover the closure of the E1 Toro Marine Corps Air Station (MCAS) and the implications it has for Orange County and Anaheim. Their issue is viewed by many as one of the most strategic land use issues that will face the County for the next few decades. It will provide the Council with an overview of the base itself, the Base Closure Act and process including the status of the closure and the scheduled move, an overview of various organizations attempting to influence the layout, a summary of some of the issues and concerns for Anaheim and finally an overview of the E1 Toro Initiative which is in progress. Mr. Morgan then introduced Mr. Pete Ciesla. Mr. Pete Ciesla, Assistant Transition Coordinator for the Marine Corp Base Realignment. Mr. Ciesla gave an overview of the base, the base closure process and its ultimate effect. His presentation was supplemented by slides which showed the facility, size, runways, etc. Other subjects briefed included the Base Realignment and Closure Action (BRAC) of 1990, base closure disposal process, relocation of the air station to the Naval Air Station at Miramar in San Diego to be accomplished by 1990 when E1 Toro is scheduled to close, the Community Assistance Act, etc. After his extensive presentation, Mr. Ciesla summarized noting that the base closure is a complex process, that laws and regulations are still evolving, that the emphasis is on early transfer of military property and that the Marine Corp BRAC is committed to support the community. Dave Morgan, Assistant City Manager. With the base closing, 4,700 acres will become available over the long-term. A number of interested groups have formed which he then'briefed. (Also see documents submitted to the'Council entitled - city Council Workshop - E1 Toro Reuse - 5/24/94, which contained the information presented at the workshop including hard copies of the slides shown - made a part of the record.) The briefing covered the following groups: OCRAA (Orange County Regional Airport Authority) CEAT (Committee for E1 Toro Airport Tomorrow) AWGOC (Airport Working Group of Orange County) CRAS (Citizens for a Responsible Airport Solution) 263 City Hall~.Anaheim, California - COUNCIL MINUTES - May 24, 1994 - 5:00 P.M. ETRPA (El Toro Reuse Planning Authority) Mr. Morgan also briefed the E1 Toro Reuse Planning Authority Organizational structure. It is estimated the three different reuse plans will be put together with the board selecting one plan in December of 1995. The Executive Counsel includes close to 50 different agencies and organizations. It is a structure that will be very challenging to develop three different reuse plans, one including an airport. He confirmed for Council Member Simpson that they will have to pick one of the plans which will then be forwarded to the Department of Defense for review. The ultimate decision rests in Washington D.C. He noted that Anaheim is supportive of a process that is county wide in its perspective and did lead the effort to put forward a proposal for a county wide evenly distributed structure. Mr. Morgan then addressed the issue of noise generated from a commercial-type airport using slides produced by the Urban Land Institute dealing with flight overlay and noise restrictions noting that the biggest concern by those living near the base is that the noise would be greater. In closing his portion of the presentation, Mr. Morgan recommended that Anaheim continue to provide leadership and getting the word out on this important issue. He then introduced Mr. Bruce Nestande. Bruce Nestande. He reported on the E1 Toro Initiative, that the signature gathering process was moving along and within the next week to 10 days, it will have the required number of signatures to qualify. He then reported on the major components of the initiative and gave the reasons why it is very important to go forward with it and that it qualify for the November 1994 ballot. A commercial airport at E1 Toro is extremely important to the economics of the area and this is an ideal area for such an airport. Council Member Pickler. He feels that this matter should be placed on a Council agenda for future action officially supporting the initiative process that is in progress which will give the entire county an opportunity to voice its opinion. He asked that this be placed on the agenda as soon as possible which would be June 7th since that will be the next Council meeting. Mayor Daly thanked staff, Mr Ciesla and Mr. Nestande for the informative presentation on an issue of major importance to the City of Anaheim. ADJOURNMENT: On motion by Council Member Daly, seconded by Council Member Pickler, the adjourned regular meeting of May 17, 1994 held May 24, 1994 was adjourned. (2:50 p.m.) ANN M. SAUVAGEAU, ASSISTANT CITY CLERK 264 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 1994 - 5:00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY CLERK: Ann M. Sauvageau DEPUTY CITY MANAGER: Tom Wood ZONING DIVISION MANAGER: Greg Hastings CIVIL ENGINEER-DEVELOPMENT SERVICES: Natalie Meeks PRESENT: ABSENT: BUDGET ADVISORY COMMISSION: BUDGET ADVISORY COMMISSION: Beitler, Brewer, Freshley, Heuler, Kennedy, Leavenworth, McCracken Bay, Doti, Snavely A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 12:10 p.m. on May 20, 1994 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the workshop portion of the meeting of May 24, 1994 to order at 3:09 p.m., all Council Members being present. 106: JOINT COUNCIL/BUDGET ADVISORY COMMISSION WORKSHOP: City Manager Ruth. During the past 2~ years the Commission has been in existence, Staff has worked very closely with members of the Commission on budget issues affecting the City and the difficult economic times. A tremendous amount of time has been spent in studying the various issues and meeting with Staff to discuss in more detail the specific operations of the City. To the Commission's credit, they have spent a lot of time working with Staff and again have made specific recommendations. Shirley McCracken, Chair and Members of the Commission are present today to present their recommendations for Council consideration. Shirley McCracken, Chair, Budget Advisory Commission introduced the Commission Members noting that Mr. Bay and Mr. Snavely were unable to be present and Mrs. Doti was expected to join them. She first briefed her report dated May 19, 1994 as Chairman of the Budget Advisory Commission (BAC) attached to which was a worksheet in a matrix format reflecting each Commissioners viewpoint on issues/concerns discussed. (Report made a part of the record). The Budget Advisory Commission recommendations are as follows: Staff continue to monitor what other cities are doing. Staff continue to review all activities for potential privatization. · The City continue to utilize part-time and contract employees where appropriate. . ~ Looking at the matrix attached to the report, Mrs. McCracken noted that these were items that came from a brainstorming session. A vote was taken on each and a staff member listed them in the order of the Commission's concerns. They did not develop statements for all. The top two issues/concerns were that the status quo cannot work and that using reserves and one-time money is not fiscally responsible. She then addressed most of the issues listed (see No. 1 to No. 19 under Budget Advisory Commission FY 94/95 recommendations to the Council) Noting that the Commission did not develop statements for all of the items listed. Ail of the issues are complicated and need addressing in a 265 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 1994 - 5:00 P.M. much more lengthy discussion which would take 2, 3, or 4 meetings of the Commission. They have put in the time to look at the issues;provided the Council with suggestions; and are willing to take any comments, direction or advice the Council may have for the coming year. Mayor Daly asked to hear from each member of the Commission present. The following Commissioners spoke and their comments are summarized: Commissioner Jimmy Kennedy (Former Chief of Police). He is concerned with the lack of manpower to address the needs of the community and the continuing crime problems creeping into the City and the inability of the Police Department to respond as quickly as they would like to. He supports the addition of Police Officers and urged the Council to try to fund the addition of Police Officers to the department. Commissioner Dr. L. Kenneth Heuler. The Commission was unanimous in its concern with the use of one time. monies and taking monies out of reserves. The Commission agreed there are only two alternatives - cut services or raise more money. The recommendation made to the Council last year by the Commission, but not implemented by the Council, was to reinstitute the Utility Users Tax. This year a Commission motion to reinstitute the tax failed on a 5-5 vote. In his mind, the only thing that will work is to pass that relatively innocuous tax. Mayor Daly interjected, noting that one of the points in the Budget Advisory Commissions Report is that Staff should continue to monitor what other cities are doing. He asked for input on that point. Shirley McCracken. The Commission wanted Staff to continue to look at how other cities are managing to come through this fiscal crisis, what kind of services they are cutting, the kinds of negotiations they are making with neighboring communities to take over their services, fees and taxes they are imposing and the kind of support they are getting from the community. For instance, there is an 11% utility users tax in Seal Beach with no problem. The community needs to be informed where the city is, and whether they want more days closed at the libraries, more Parks and Recreation programs discontinued, etc. Those are'the kinds of things that will come unless there is a major turnaround in the economy. Commissioner Kathryn Freshley. One of the areas of concern is for those who have businesses in the community. Most are opposed to any tax hike whether utility tax or right-of-way or whatever. One of the things they did look at and on which there was a lot of discussion that she believes is going to have to be long term is that the City Council and City Management are going to have to continue to have a freeze on salaries and benefits until the rate of pay for public employees is closer to the rate of pay that exists in the private sector. She feels with a long term plan and understanding that there is a need to obtain a balance between the public and private sector; they can work their way out of the problem over a number of years. council Member Pickler asked for a Staff response. Dave Hill, Human Resources Director. The information shared with the Budget Advisory Commission did involve surveys performed by the group that used to be known as the Merchants and Manufacturers Association. They identified a few job classes where they can compare public sector to the private sector. Because of the radical change taking place in the labor market in the Southern California area, the rates of compensation of private sector employees were 266 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 1994 - 5:00 P.M. either staying flat or declining. That has led to the phenomenon where public sector employees, where it was possible to compare, are beginning to be above the private sector comparisons available in a survey format. Also, most local businesses are now small business and those people do not usually participate in salary surveys and, therefore, there is not a good feel for where public employees are. In the past, most used to be employed by major corporations. There is a definite trend during the past four years where the position of public employees versus the private sector is moving ahead. City Manager Ruth. One of the things that needs to be addressed, 58% of the General Fund Budget is Police and Fire. Where cities are paying greater than the private sector, in terms of the number of positions, it is very minimal. Taking out the enterprise operations that have the most impact on the general fund, it is very unlikely there would be a 4 million dollar savings as suggested. Commissioner Doug Leavenworth. There is unanimous agreement that there should be no dipping into reserves. A motion was introduced at their last meeting to not dip into reserves, to not employ a franchise fee on utilities and to balance the budget with a reinstatement of the Utility Users Tax for the year to be reviewed at the end of the fiscal year as to the need for its continuance. That motion failed on a 5-5 vote. A 1~% increase in tax on the taxpayers is being proposed through the right-of-way fee. It does not impress him that the effect would be delayed in the case of the electric utilities by the rate stabilization fund. It has already been stated they can look at an increase in water rates. There is nothing wrong with that and would put Anaheim on an equal footing with other cities. A right-of-way fee if put in place will not go away. The Commissioners who favor the utility users tax felt that one of the benefits is that it can be put in place and then removed when it is no longer required. The bottom line - it is unwise and unfair to the taxpayers to dip into reserves for the purpose of balancing a budget against continuing expenses. Commissioner Gene Brewer. The best taxes are the ones most visible. He would prefer a utility tax to a right-of-way tax. His understanding of how the utility tax was structured before, there was a business and a homeowner component. He does not know what percentage of burden was borne by each. Not all taxes are equal. Regarding reserves, if they continue to use reserves, in three years none will be left. In this fiscal year there was about 8'million dollars lost in utility users tax. The City was able to find efficiencies in operation to recover some of those lost revenues. The short fall, taking the reserves in this fiscal year is less then the projected losses in revenue from the utility users tax. The question in his mind is why that cannot continue. Discussion and questioning followed with regard to reserves. The City Manager reported in terms of good accounting practices, based on the proposed budget should it be adopted, they would end up with about 7% general fund balance. It is a prudent amount but staff told the Commission they would never recommend going below 5% which would be about 9 million dollars. If the budget is adopted for 94/95, at the conclusion of that year, there would still be approximately 9 million dollars in reserves. Council Member Pickler. In talking to the City Manager, he also has a concern relative to reserves and that a way to raise additional revenue would be an increase in the Transient Occupancy Tax (TOT). He still favors the Utility Users Tax. He does not want to see a decrease in Parks and Recreation programs or library hours which in the long term will cause more problems for the City because youngsters will be deprived of important services. The City 267 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 1994 - 5=00 P.M. also needs more Policemen not just 22. The Utility Users Tax was something that benefited all the citizens of Anaheim. The recommendation is to continue to hold down wages and they are continuing to do that. He believes the Commission has done an outstanding job recognizing that there are differences in philosophies as with Council. Questions were posed to staff by Mayor Daly and Council Member Simpson relative to total reserves - what is fully funded and what is not - which were answered by the City Manager and Bill Sweeney, Budget and Audit Manager. Council Member Simpson. One of the difficulties comparing Anaheim to other cities is the bonded indebtedness. Anaheim cannot be compared with every other City in the State. He has not heard anybody talk about infra-structure and what happens when it falls behind. The City needs to continue to be a desirable place to come. He believes Fire is adequately staffed but not Police. Tourism in Orange County is a 4 billion dollar industry and the highest source of income. It is no secret that he favors a Utility Users Tax. If there is going to be a tax on either TOT or a UUT he questioned why not tax enough to solve a problem. Borrowing from fund balances is a bad accounting and budgetary practice. So long as there is a demand for services, there is only one of two things that can be done - cut back on services or create income. Commissioner Gina Beitler. The Commission sent two letters asking the Council for direction and on two occasions the chairman asked why they had not heard back. A lot of staff time is put into the meetings and the information provided for the meetings. The money can better be spent elsewhere especially if the recommendations by the Commission are not implemented as was previously the case. The question is whether or not the Council wants to continue with the Commission and, if so, they need more direction as to the specific areas to look at or investigate further. Mayor Daly. The Council had asked the Commission three years ago to work with staff to simplify and streamline the City's budget process and to work on clarifying what the trends have been in city expenditure growth positions. He feels there has been progress is both of those areas and the Commission has been very helpful in focusing on key areas. Council Member Pickler. He feels the Commission is a plus and should be maintained. Mayor Daly thanked the Chairman for the work done by the Commission. He asked if she expected any further communication advice to the Council on the budget. Chairman Shirley McCracken. There will be a new Commission starting in July. Presently there are three Commissioners who were on the original Commission. There are three remaining whose terms will be expiring so there will be a new group. She feels they need direction. She has been on the. Commission since it was formed and they do need to hear that they are valuable and that the work, time and effort is worth it. They heard that today from the City Manager and Council and it is reassuring that the Council wants the Commission to continue to study and look at the issues. The budget is ongoing. It has been a challenge having chaired the Commission for over two years. There are different personalities and different ideas but they have learned from each other. She is sure the Commission provides an opportunity for the Council to learn about what the community concerns are. 268 City Hall, Anaheim, California - COUNCIL MINUTES - May 24~ 1994 - 5:00 P.M. Mayor Daly again thanked the Budget Advisory Commission for their work and for their input today. RECESS-CLOSED SESSION: City Attorney Jack White requested a closed session noting there is one additional item to be added to the closed session agenda - Golden West Baseball Company vs. City of Anaheim, Orange County Superior Court Case 40-92-46. This relates to the decision of the California Court of Appeals today and there is a need to act before the next scheduled meeting. He is recommending the addition of this item. Motion Council Member Daly moved to add the additional item to the closed session agenda (See Item 6 below) and that the 72 hour posting provisions of the Brown Act be waived since the need to take action is necessary before the next scheduled Council Meeting. Council Member Feldhaus seconded the motion, motion carried. 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 REAL PROPERTY NEGOTIATOR Property: 2000 S. State College Boulevard Negotiating parties: Anaheim Stadium Associates and City of Anaheim Under Negotiation: Price and Terms CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: David Hill Employee Organization: Anaheim Firefighters' Association 3. CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: David Hill Employee Organization: IBEW Local No. 47 CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION Name of case: City of Anaheim v. Ertzen Associates, Inc., et al., Orange County Superior Court Case No. 55-75-40. 5. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION Name of case: City of Anaheim v. Waters, et al., Orange County Superior Court Case No. 69-07-77. 6. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE S~CTION 54956.9(a) - EXISTING LITIGATION Golden West Baseball Company vs. City of Anaheim, Orange County Superior Court Case 40-92-46. RECESS: By general Council consensus, the City Council recessed into closed session (4:22 p.m.) (422) 269 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 1994 - 5:00 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. (5:20 p.m.). INVOCATION: A moment of silence was observed in lieu of the invocation. FLAG SALUTE: Council Member Bob Simpson led the assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATION - of the Government Finance Officers Association Award for Certificate of Achievement for Excellence in Financial Reporting for the City's Comprehensive Annual Financial Report - fiscal year ending June 30, 1993. Mr. Ed Zacherl, Assistant Finance Director gave the background of the award. GFOA is a national association. Anaheim has received the award for the past 18 years. Because of the massive effort it takes, it requires the efforts of all members of the Finance Department. On behalf of the Finance Department he thanked GFOA for the award. The Staff should be proud to have received this award. He asked the entire Staff of the Finance Department who were present in the chamber audience to stand and be recognized. Mayor Daly, Council Members and chamber audience applauded the fine work done. 119: PRESENTATION - to re-present the 1994 National Paul Davidoff Award given by the American Planning Association to the City of Anaheim Planning Department for a project reflecting a social commitment to advocacy planning. Joel Fick, Planning Director. Having received the award is a great honor. Anaheim several weeks ago was notified by the American Planning Association as the Planning Department was to receive the award for the AVON-DAKOTA-ETON Project. Anaheim was an award winner in one of the fifteen categories from throughout the entire country for both public and private planning projects. It was a tremendous interdepartmental effort which could not have been accomplished without the dedication of the residents of the Avon-Dakota-Eton area as well as the interest of the property owners. He is very pleased to share this award today. He then recognized John Poole, Code Enforcement Manager, Richard LaRochelle, Code Enforcement Supervisor and Pam Pratt, Code Enforcement Officer who deserve special recognition and who were catalysts in putting the project together. Mayor Daly and Council Members congratulated the Planning Department and all those involved in the project. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council recognizing and thanking all the major donors fo= their-support of'Paint Your Heart Out ,Anaheim. Mr.--KeithOlesen and Ben Hittesdorf, Co-Chairman of Paint Your Heart Out then introduced the honorees (representatives), those organizations or individuals who contributed $5,000 or more in cash or in-kind donations to assistance support this worthwhile community program who were presented with individual declarations: California Angels, Dutch Boy Paints, Elmer Jenkins, EBP Construction, Orange County Times, North County News, Rockwell International, The Home Depot, The Koll Company, Tom Hollywood. 270 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 1994 - 5:00 P.M. Mayor Daly and Council Members also expressed their deep appreciation for the support given; Council Member Pickler also recognized Carolyn 'Griebe for her efforts in making the program a success. RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME= Recognizing Heritage Day at Oak Canyon Nature Center, June 5, 1994. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $100,759.17 for the period ending May 20, 1994, in accordance with the 1993-94 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:40 p.m.) Mayor Daly reconvened the City Council meeting. (5:56 p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: There were no items of public interest. 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 May 24, 1994. Council Member Simpson seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member Pickler, seconded by Council Member Daly, 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 Pickler offered Resolution Nos. 94R-82 through 94R-83, both inclusive, 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 Sam Reyes for property damage sustained purportedly due to actions of the City on or about February 21, 1994. b. Claim submitted by Moayed Tom Manzari for property damage sustained purportedly due to actions of the City on or about March 24, 1994. c. Claim submitted by Phillip Turtle for property damage sustained purpomtedAy due to actions of the City on or-about November 15, 1993. d. Claim submitted by Karl R. Cornell for property damage sustained purportedly due to actions of the City on or about March 25, 1994. e. Claim submitted by Donald Vargo.for property damage sustained purportedly due to actions of the City on or about February 10, 1994. Application for leave to present late claim denied~ 271 City Hall, Anaheim, California - COUNCIL MINUTES - May 24~ 1994 - 5:00 P.M. a. Application submitted by Robin A. Rapp a minor by and through her guardian Debra Sortino, c/o Peter Simpson, esq., for bodily injury sustained purportedly due to actions of the City on or about May 27, 1993. Claims recommended to be accepted: a. Claim submitted by Ruth Anne Hogue for bodily injury sustained purportedly due to actions of the City on or about March 16, 1994. A2. 105: Receiving and filing minutes of the Mother Colony Advisory Board meeting held March 14, 1994. 173: Receiving and filing a Notice to Customers of proposed rate increase Application No. 94-05-001 from Southern California Gas Company filed with the California Public Utilities Commission. 117: Receiving and filing a Summary of Investment Transactions for April, 1994, as submitted by the City Treasurer. 105: Receiving and filing minutes of the Senior Citizens Commission meeting held April 14, 1994. 105: Receiving and filing minutes of the Community Services Board meeting held April 10, 1994. 173: Receiving and filing Application No. 94-05-017 of Southern California Edison Company filed before the Public Utilities Commission of the State of California to increase its authorized return on Common Equity; adjust its authorized capital structure; adjust cost factors for embedded debt and preferred stock; and receive related substantive and procedural relief. A3. 1752 Awarding the contract to the lowest responsible bidder, P.R. Burke Corporation, in the amount of $367,500 for Well Site No.46 Site Improvements; and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. A4. 123: Approving a First Amendment to Agreement with La Belle - Marvin, in an amount not to exceed $80,000 for pavement materials reporting services; and authorizing the Mayor and City Clerk to execute said First Amendment. A5. 123: Approving an Agreement with the City of Garden Grove for design, construction and inspection of improvements at the intersection of Harbor Boulevard and Chapman Avenue. A6. 158: Approving the Right-of-Way Certifications for the 1993-94 Hazard Elimination.Safety Program, and authorizing the Public Works-Director/City Engineer to execute said Right-of-Way Certifications. A7. 123: Accepting the low bid, and authorizing the execution of an Agreement with Artistic Maintenance, Inc., in an amount not to exceed $81,312 for two years beginning June 1, 1994, and limited to local Consumer Price Index cost increases for three additional one-year extensions, for landscaping services of tree wells at' various locations throughout the City of Anaheim, in accordance with Bid #5253. 272 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 1994 - 5500 P.M. A8. 128: Receiving and filing the Monthly Financial Analysis presented by the Director of Finance for seven months ended January 31, 1994. A9. 123: Approving an Agreement with the County of Orange to provide financial assistance from the County's Urban Parks Program to plant trees at certain parks and other public open space areas in Anaheim; and authorizing the City Manager to sign said agreement. AiO. 123: Approving an Agreement with the Anaheim Union High School District to provide Park Ranger patrols on District facilities from May 27, 1994 through September 4, 1994. Council Member Frank Feldhaus. He asked for a financial analysis and budget justification for the program over the past couple of years at the City Managers convenience; City Manager James Ruth. He will be happy to supply that information. The school districts are paying for the patrols but he will be happy to provide the details. All. 123: Approving an Agreement with ARA Leisure Services to continue providing food and beverage service at Anaheim Hills Golf Course on a month- to-month basis. Al2. 123: Approving an Agreement between the City of Anaheim and the Trustees of the California State University for internship experiences involving students in the recreation/leisure studies program at California State University, Long Beach. A13. 123: Approving the First Amendment to Agreement with the Law Firm of Gibbs, Giden, Locher & Acret for legal services, and authorizing the City Attorney to execute said First Amendment. Al4. 184: Reviewing need for continuing the Fourth Proclamation of the Existence of a Local Emergency issued by the Director of Emergency Services on April 5, 1994, concerning the Santiago Landslide and Pegasus Landslide in the City of Anaheim; and taking no action to terminate the local emergency at this time. A15. 184: Reviewing the need for continuing the Second Proclamation of the Existence of a Local Emergency issued by the Director of Emergency Services on April 5, 1994, concerning damage within the City of Anaheim resulting from the Northridge Earthquake occurring on January 17, 1994; and taking no action to terminate the local emergency at this time. Al6. 123: Authorizing the Chief of Police to execute an Operational Agreement with the Child Abuse Services Team as a resource for child abuse investigations. Al7. 123:. .Waiving Council Policy 306, and approving an Agreement with Martin Luther Hospital to provide medical services for evidence collection on alleged sexual assault victims, from March 1, 1994, to June 30, 1995; and authorizing the Chief of Police to execute said Agreement. Al8. 123: Authorizing a Third Amendment to Agreement with the Community Service Programs, Inc., .in an amount not to exceed $52,597.20 for the period of July 1, 1994 through June 30, 1995, for professional counseling services, and authorizing the Chief of Police to execute said Amendment to Agreement. 273 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 199¢ - 5:00 P.M. Al9. 123: RESOLUTION NO. 94R-82: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF COOPERATION AGREEMENT NO. 81 FOR PUBLIC IMPROVEMENTS WITH THE ANAHEIM REDEVELOPMENT AGENCY. A20. 123: Authorizing staff to submit an application to the U.S. Department of Housing and Urban Development for Enterprise Communities Designation, and authorizing the Mayor and Executive Director to execute the required certifications and application documents. A21. 123: Approving an amendment to Section 2 of the Joint Exercise of Powers Agreement for the Cooperative Personnel Services Agency relating to the term of the Agreement; and authorizing the Human Resources Director to execute said Amendment on behalf of the City of Anaheim which reflects the change to Section 2. A22. 103: RESOLUTION NO. 94R-83: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM OPPOSING ANNEXATION OR SERVICING OF THE BALL-GILBERT COUNTY ISLAND IN CONNECTION WITH THE PROPOSED DISSOLUTION OF THE GARDEN GROVE · SANITARY DISTRICT AND DETACHMENT FROM MIDWAY CITY SANITATION DISTRICT. City Manager Ruth. Answering the Mayor, Mr. Ruth stated this is in response to Garden Grove's dissolution of the district. Options are always open to the City depending on circumstances. The City has always expressed concern in picking up the "islands" because of the infrastructure costs, etc. In this case, they are trying to help the City of Garden Grove. Council Member Pickler. These "islands" have always been a topic of discussion. He knows there is concern relative to the costs for infrastructure but he would like to have dialogue with the County to see if some arrangement can be made for the County to pick up their portion. City Manager Ruth. There have been two problems in the past, the cost being the first and secondly, there has been opposition from the people in those county "islands". They do not want to annex to the City because the tax base is lower in the County. Tom Wood, Deputy City Manager/Director of Maintenance. He explained for the Mayor the reason for the resolution is that Garden Grove has to go to LAFCO to dissolve the Sanitary District. LAFCO looks to who will pick up the services for the unincorporated area. LAFCO would first look to Anaheim because it is in the City's sphere of influence. By past studies done and comments received in those neighborhoods, the residents are not interested in becoming a part of Anaheim. It is possible that Anaheim could provide trash services and sanitary sewer services with services currently provided by contract. The City's position is that it is a precursor to LAFCO and/or the County saying, since Anaheim provides those services, they are going to give Anaheim the rest. The concern is cost especially since mostly residential is involved. For those-reasons, they'did not.think it advisable to recommen~ to the council to take on services that will be a net cost to the balance of Anaheim. The Sanitary District encompasses a number of pockets, not just in Garden Grove and the County, but also in Costa Mesa and one in Orange. The primary purpose for the recommendation is at the request of the City of Garden Grove who for their reasons want to have the district closed out and to take over those services directly. This clearly does not preclude the City's future annexation of that area. Mayor Daly. The City's opposition might stall the consolidation and dissolution of the district. 274 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 1994 - 5:00 P.M. Tom Wood. That was clearly not the impression they got in meeting with Garden Grove and the consultant. He clarified that it is time sensitive and confirmed for Council Member Pickler that is does not preclude Anaheim from doing something further down the line. Council Member Pickler. He reiterated that Staff should talk to the County about the possibility of picking up the costs involved with annexation of the unincorporated areas of the County that are in the sphere of influence of Anaheim. City Manager Ruth. The City did a study a couple of years ago. Staff will update the report, go back to the county and subsequently report back to the Council. A23. 123: Authorizing the City Manager to sign the I-5 North Property Management Program Memorandum of Understanding with the California Department of Transportation and Orange County Transportation Authority. Council Member Feldhaus. He noted that the agreement did not have specific language regarding Police response which he feels is necessary especially to protect the people still living in their homes in these areas; City Manager Ruth stated it is the responsibility of the Police to respond and he will make certain that that is understood. Roll Call Vote on Resolution Nos. 94R-82 throuqh 94R-83, both inclusive, for adoptions AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly None None The Mayor declared Resolution Nos. 94R-82 through 94R-83, both inclusive, duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. ITEMS B1 - B7 FROM THE PLANNING COMMISSION MEETING OF MAY 2, 1994 INFORMATION ONLY - APPEAL PERIOD ENDS MAY 24, 1994 B1.179: ORANGE TREE MOBILEHOME PARK CONVERSION IMPACT REPORT: OWNER: Campanula Properties, Attn: Jack Stanaland, 1590-10 South Coast Highway, Laguna Beach, CA 92651 AGENT: Talley and Associates, Inc., 500 N. State College Blvd., Ste. 1020, Orange, CA 92668 LOCATION: 1400 S. Douglass Road (ORANGE TREE MOBILEHOME PARK). Property is approximately 25 acres located on the east side of Douglass Road and approximately 1080 feet north of the centerline ~f Katella Avenue. . ~ Review of a submitted Conversion Impact Repor~ to close an existing mobilehome park pursuant to Government Code Section No. 65863.7. ACTION TAKEN BY THE PLANNING COMMISSION: Determined to be insufficient within the meaning of Government Code Section 65863.7 with the recommended revisions to the relocation cost requirements. City Clerk Sohl. Relative to this item, it was appealed and will be set for public hearing. The item will be placed on the next agenda and through a 275 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, i994 - 5:00 P.M. process that the Council set forth a few months ago, the Council will designate a public hearing date and whether or not the hearing, will be held before the City Council or designate a hearing officer. That decision will be made at the meeting of June 7, 1994. City Attorney White. On June 7, the only decision the Council will be making will be either what date the public hearing will be held or whether it will referred to hearing officer. He emphasized that the hearing itself will not be on June 7th. B2. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3676 AND NEGATIVE DECLARATION: OWNER: Anaheim Redevelopment Agency, 201S. Anaheim Blvd., 10th Floor, Ste. 1003, Anaheim, CA 92805 LOCATION: 411 West Broadway. Property is approximately 3.28 acres located on the north side of Broadway, having frontages of 560 feet on the south side of West Harbor Place and 300 feet on the west side of Clementine Street. To permit temporary classrooms and office space within the ground floor retail space of an existing parking garage with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3676 GRANTED for three years (to expire 5/2/97) (PC94-50) (6 yes votes, 1 absent). Waiver of code requirement APPROVED. Approved Negative Declaration. B3. 1795 WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3675 AND NEGATIVE DECLARATION: OWNER: Glendale Federal Savings & Loan Association, Attn: Earl Clark, 201 W. Lexington Drive, 5th Floor, Glendale, CA 91203 AGENT: David R. Jackson, Fairmont Private School, 1557 W. Mable Street, Anaheim, Ca 92802 LOCATION: 2200 West Sequoia Avenue. Property is approximately 1.43 acres located on the west side of Sequoia Avenue and approximately 130 feet west of the centerline of Brookhurst Street. To permit a private educational facility (gth through 12th grades and a caretaker's unit with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3675 GRANTED (PC94-51) (6 yes votes, i absent). Approved waiver of code requirement. Approved Negative Declaration. B4. 179: CONDITIONAL USE PERMIT NO. 3672 AND NEGATIVE DECLARATION: OWNER: Canyon Plaza Shopping Center, James E. DoBrott, General Partner, 3146 Redhill Ave., Ste. #150, Costa Mesa, CA 92626 AGENT: Essex Realty Management, 3146 Redhill Ave., ste. 150, Costa Mesa, CA 92626- LOCATION~ _ 5717 East Santa Ana Canyon Road. Property is approximately 8.06 acres located at the northeast corner of Santa Ana Canyon Road and Imperial Highway (Foxfire Restaurant). To permit a public dance hall in conjunction with an existing full service restaurant with on-premise sale and consumption of alcoholic beverages. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3672 GRANTED FOR ONE YEAR (to expire 5/2/95) (PC94-52) (6 yes votes, 1 absent). Approved Negative Declaration. 276 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 1994 - 5:00 P.M. The decision of the Planning Commission was appealed by the applicant and, therefore, a public hearing will be scheduled at a later date. B5. 179: CONDITIONAL USE PERMIT NO. 3671 AND NEGATIVE DECLARATION: OWNER: Sioux Honey Association Cooperative, an Iowa Corporation, P.O. Box 388, Sioux City, IA 51102-0888 AGENT: Santee Dairies, Inc., Attn: Peter Costigan, 231 E. 23rd Street, Los Angeles, CA 90011 LOCATION: 511 East Katella Ave. Property is approximately 6.0 acres located on the east side of Claudina Way and approximately 500 feet north of the centerline of Katella Avenue. To permit 5 modular units (for office and storage use) in conjunction with a proposed dairy product distribution facility. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3671 GRANTED (PC94-53) (6 yes votes, 1 absent). Approved Negative Declaration. B6. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3674 AND NEGATIVE DECLARATION: OWNER: Victory Baptist Church of Orange County, 227 N. Magnolia Avenue, Anaheim, CA 92801 AGENT: B.F.& C., 3913 Long Beach Blvd., Long Beach, CA 90807 LOCATION: 227 North Magnolia Avenue (Victory Baptist Church of Orange County). Property is approximately 5.5 acres located on the west side of Magnolia Avenue approximately 875 feet north of the centerline of Lincoln Avenue. To retain one (1) mobile caretaker's unit, five (5) temporary modular classrooms and two (2) storage buildings in conjunction with an existing church with waivers of (A) minimum setback of institutional uses adjacent to a residential zone boundary and (B) maximum structural height. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3674 GRANTED, IN PART, (PC94-54) (6 yes votes, I absent). Denied waiver of code requirement. Approved Negative Declaration. REPORT AND RECOMMENDATION ITEM: B7. 179: CONDITIONAL USE PERMIT NO. 3573 - REQUEST FOR A ONE-YEAR RETROACTIV~ EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL: REQUESTED BY: Tim Bundy, 20331 Irvine Avenue, Suite 7, Santa Ana, CA 92707 LOCATION: 201 East Ball Road. Petitioner requests a one-year retroactive extension of time to comply with conditions of approval for Conditional Use permit No. 3573 (to permit a car wash with waiver of minimal structural setback and minimum landscape setback) to expire March 2, 1995. ACTION TAKEN BY THE PLANNING COMMISSION: ~ - - Retroactive extension of time APPROVED for CUP NO. 3573 to expire 3/2/95. Council Member Feldhaus. He asked why the Planning Commission granted this extension of time when there were code violations that had not been corrected. Greg Hastings, Zoning Division Manager. This was considered by the Planning Commission at a previous meeting where staff reported that there were violations on the property. The Planning Commission continued their request to the following meeting so that Code Enforcement could work with the applicant to clear up the violations. At the meeting May 2, 1994, it was 277 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 1994 - 5:00 P.M. determined that had been done and Code Enforcement was going to monitor the situation. Council Member Pickler. He still has a problem relative to this project. The traffic in that intersection is horrendous and there are many tickets given for traffic violations. He still feels it is a bad location for a car wash and asked if there was some way the matter could again be set for public hearing; this item was trailed to later in the meeting to give the City Attorney an opportunity to check the provisions of the Anaheim Municipal Code. Later in the meeting, City Attorney White stated that the provisions of the code state that when an extension of time is granted by anybody other then the City Council, that decision shall be subject to review and approval by the Council. It is similar to any other decision and if two members of the Council wish to set the matter, it would return for action by the Council at a later date. Council Member Pickler. He requested that the matter be set for public hearing. Mayor Daly. This matter was previously considered by the Council at an extensive public hearing and the project subsequently approved. There was no second to Council Member Pickler's request to set the matter for public hearing. No further action was taken by the Council on this item. END OF THE PLANNING COMMISSION ITEMS. ITEMS B8 - Bll FROM THE ZONING ADMINISTRATOR MEETING OF MAY 12, 1994~ DECISION DATE: MAY 19, 1994 INFORMATION ONLY - APPEAL PERIOD ENDS JUNE 3, 1994 B8. 179: CONDITIONAL USE PERMIT NO. 3673 AND NEGATIVE DECLARATION: OWNER: Lakeview Plaza Investment Co., Ltd. % Investment Concepts, Inc., 777 South Main Street, Suite 161, Orange 92668 AGENT: Mark Petz, 26642 Merienda, No. 5, Laguna Hills, CA 92556 LOCATION: 416 North Lakeview Avenue (Three Roses Italian Cuisine) Property is approximately 3.1 acres located on the northeast corner of McKinnon Drive and Lakeview Avenue, having approximate frontages of 119 feet on the north side of McKinnon Drive and 248 feet on the east side of Lakeview Avenue. To permit on premise sale and consumption of beer and wine in conjunction with an existing full-service restaurant. ACTION TAKEN BY THE ZONING ADMINISTRATOR: CUP NO. 3673 APPROVED (Zoning Administrator Decision No. 94-09). Approved Negative Declaration. B9. 179: VARIANCE NO. 4247 AND NEGATIVE DECLARATION: OWNER: Phillip M. & Catherine A. Rulloda, 2927 Haddonfield Loop, Fullerton, CA 92631 LOCATION: 843 South State College Boulevard. Property is 0.41 acre, with frontage of approximately 100 feet on the west side of State College Boulevard, having a maximum depth of approximately 188 feet and being located approximately 480 feet south of the centerline of South Street. Waiver of minimum number of parking spaces to establish a floral design school with retail sales. 278 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 1994 - 5:00 P.M. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4247 APPROVED with modified condition (Zoning Administrator Decision No. 94-10). Approved Negative Declaration. Council Member Pickler. He feels this is being proposed in an area that will be detrimental due to the congestion it might cause. Also, 73 spaces are required and 23 are proposed. He would like to set the matter for public hearing. Council Member Hunter. His feeling every time the Council sets these kinds of items for a public hearing, it causes business people to leave the City. The City is not promoting business. These are small business people trying to get started. He would like to see additional traffic in the City caused by businesses that are opening. Further, it costs money to set matters for a public hearing. He would like to know what the costs are every time two Council members set a public hearing. Ninety percent of the time, the projects remain as is but it costs the business person time and money to be 'represented by an agent and/or attorney. Ne feels the City is becoming over regulated and that is why people are leaving the City and the State. Council Member Feldhaus. He is concerned with parking and traffic. The applicant is requesting a waiver of 50 spaces. Ne did not see anything in the material presented based on a new traffic study or analysis either by the City Traffic Engineer or an independent traffic engineer. He does not want to see the same thing happen in this location as at Imperial and La Palma. Council Member Pickler confirmed his request for a review of the Planning Commissions decision; Council Member Feldhaus concurred and, therefore, the matter will be set for a public hearing at a later date. B10. 179: VARIANCE NO. 4248, CATEGORICALLY EXEMPT, CLASS 5: OWNER: Mark H. & Kamala Balan, 406 S. Mohler Drive, Anaheim CA 92807 AGENT: Bruce C. Manzer, 34125 Pandora Street, Lake Forest, CA 92630 LOCATION: 406 South Mohler Drive. Property is approximately 0.6 acre located approximately 175 feet east of the centerline of Mohler Drive and approximately 300 feet south of the intersection of Corto Road (a'private road) and Mohler Drive. Waiver of structural setback and yard requirements to construct a 1,675 square foot detached recreation room with sun deck. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4248 APPROVED, with modified condition (Zoning Administrator Decision No. 94-11). Bll. 179: VARIANCE NO. 4249, CATEGORICALLY EXEMPT, CLASS 5: OWNER: Andrew & Kathy Perez, 1446 East Pinewood Avenue, Anaheim, CA 92805~ " ~ LOCATION: ~1446 East Pinewood Avenue. property is approximately 0.14 acre, having a frontage of approximately 60 feet on the south side of Pinewood Avenue, with maximum depth of approximately 100 feet and being located approximately 290 feet west of the centerline of Kenwood Avenue. Waiver of required rear yard setback, to retain a 340 square foot patio enclosure. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4249 APPROVED (Zoning Administrator Decision No. 94-12). 279 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 1994 - 5:00 P.M. B12. 179: ORDINANCE NO. 5426 FOR ADOPTION: Amending Title 18 to rezone property under Reclassification No. 93-94-07 located at 125 North Brookhurst Street and 2217 West Lincoln Avenue from the CH zone to the CL zone. (Introduced at the meeting of May 17, 1994, Item B2.) Council Member Daly offered Ordinance No. 5426 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5426: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. Roll Call Vote on Ordinance No. 5426 for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly None None The Mayor declared Ordinance No. 5426 duly passed and adopted. Cl. 127: PROPOSED AMENDMENTS TO CHAPTER 1.09 OF THE ANAHEIM MUNICIPAL CODE RELATING TO CAMPAIGN REFORM: To consider the adoption of an ordinance amending Chapter 1.09 of Title 1 of the Anaheim Municipal Code relating to the City of Anaheim Campaign Reform Law. Submitted was report dated May 18, 1994 from the City Attorney recommending the adoption of the proposed ordinance amending the Anaheim Municipal Code relating to the City of Anaheim Campaign Reform Law. City Attorney White. This Ordinance is being brought to Council's attention based on a request received from the Council approximately two months ago from Shirley Grindle and Alex Carassi relating to their suggestion that several amendments be made to the City's current campaign reform ordinance. He then briefed the Council on the current code provisions under Section 1.09.055 and, if adopted, how the proposed ordinance would amend that section covering contributions to retire prior outstanding debt. He also briefed the amendment which would add new section 1.09.125 to the code regarding cumulative contributions and reporting of same. (See report dated 5/18/94 which explains the changes in detail) City Attorney White also stated there is another provision not added that he has included on an "Exhibit A" attached to his report that the Council may wish to consider relating to Section 1.09.090-Ban on Transfers Between Controlled Committees. In his view, it is an area that is still somewhat questionable. The law is not totally settled in this area as to intra- candidate transfers. The proposal would be to limit the amount that could be transferred into the local City of Anaheim election to the same extent that it could have been used if the office from which those are coming had been subject to the same rules as the Anaheim Office-the one thousand dollar per election limit. If the Council wants to give first reading to the ordinance including that intra-candidate provision, they could do so. If there is any type of intra-candidate transfers that are going to be upheld by the courts, the one that has been drafted comes as close or will have the best chance of being validated because it avoids a lot of the arguments raised against these limitations. It would place everybody on a level playing field. The suggestion came from Shirley Grindle and it is a well thought out idea. He is 280 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 1994 - 5:00 P.M. bringing it to the council and is prepared to defend it if the ordinance is adopted with that provision included. The City Attorney continued there is one minor change in the wording on Exhibit A-one line in sub paragraph .020 to clarify that the intent is that the transfer limitation applies regardless of whether they are talking about outside candidates running for City Offices or City of Anaheim candidates transferring funds between their own committee. ORDINANCE NO. 5427 - INTRODUCTION: Amending Section 1.09.055 of, and adding Section 1.09.125 to, Chapter 1.09 of Title I of the Anaheim Municipal Code relating to campaign reform. Council Member Daly offered Ordinance No. 5427 for first reading including the provision in Exhibit A. ORDINANCE NO. 5427: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 1.09.055 OF, ANN ADDING SECTION 1.09.125 TO, CHAPTER 1.09 OF TITLE i OF THE ANAHEIM MUNICIPAL CODE RELATING TO CAMPAIGN REFORM. This ordinance will be back before the Council on June 7, 1994 for final adoption. Shirley Grindle. She thanked particularly Jack White for the cooperation he has given. She does not agree with all of the things done to the TC Ordinance (Countywide Ordinance) but the changes made are to implement what the Council decided they wanted and to make it fair. There had been some omissions and she is grateful there has been the kind of cooperation she has experienced. It has been a pleasure to work with a City Attorney such as Mr. White. Alex Carassi. He thanked the Council for hearing the subject. It does not require any additional accounting. It only requires reporting what they already keep track of. Council Member Feldhaus then asked specific questions relative to his campaign reporting which were answered by the City Attorney. C2. COUNCIL COMMENTS: No Council comments. C3. REPORT ON CLOSED SESSION ACTIONS: No actions to report. SWEAR-IN OF THOSE TESTIFYING AT PUBLIC HEARINGS: The City Attorney announced that it is appropriate at this time for all those intending to testify at any or all of the public hearings including Staff be sworn in at this time. Those test-if-y~ng were-requested to stand by the City Clerk and asked to raise their right hand. The oath was then given. D1. 176: PUBLIC HEARING - ABANDONMENT NO. 94-2A: In accordance with application filed by Donahue Schriber, Agent for California State Teachers Retirement System a public hearing was held on proposed abandonment of certain public streets, highways and service easements (electrical easements) located at the Anaheim Plaza pursuant to Resolution No. 94R-61 duly published in the Anaheim Bulletin and notices thereof posted in accordance with the law. 281 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, X994 - 5:00 P.M. Report of the City Engineer dated April 26, 1994 was submitted. Natalie Meeks, Civil Engineer Development Services recommended approval of the subject abandonment. Mayor Daly asked if anyone wished to address the Council; there being no response he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Council Member Daly, seconded by Council Member Hunter, the City Council determined 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. Council Member Daly offered Resolution No. 94R-84 for adoption. Refer to Resolution Book. RESOLUTION NO. 94R-84~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING ABANDONMENT NO. 94-2A. Roll Call Vote on Resolution No. 94R-84 for adoption: AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly NOES: None ABSENT: None The Mayor declared Resolution No. 94R-84 duly passed and adopted. ADJOURNMENT: By general consent the Council adjourned. (6:45 p.m.) No Council meeting is scheduled for May 31, 1994. The next City Council meeting will be held June 7, 1994. LEONORA N. SOHL, CITY CLERK 282