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)
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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
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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
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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
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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
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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.
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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)
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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.
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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~
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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.
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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.
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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.
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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
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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.
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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
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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.
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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).
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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
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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.
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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