1994/07/12City Hall, Anaheim, California - COUNCIL MINUTES - JULY 12, 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 (entered
3:43), Daly
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY..CLERK: Leonora N. Sohl
ASSISTANT CITY CLERK: Ann M. Sauvageau
FIRE CHIEF: Jeff Bowman
CODE ENFORCEMENT MANAGER: John Poole
INTERGOVERNMENTAL RELATIONS OFFICER: Kristine Thalman
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:30 p.m. on July 8, 1994 at the Civic Center kiosk, containing all
items as shown herein.
Mayor Daly called the workshop portion of the meeting of July 12, 1994 to
order at 3:21 p.m., Council Member Hunter was absent - entered Council
Chambers at 3:43 p.m.; all other Council Members being present.
City Manager James Ruth. The workshop presentation today will be given by
Kristine Thalman, Intergovernmental Relations Officer who will give the
Council a legislative update from both the State and Federal perspective.
139: Leqislative Update:
Kristine Thalman, Intergovernmental Relations Officer. She submitted two
documents - State Legislative Update dated July 12, 1994, and Federal
Legislative Update dated July 12, 1994 and briefed the subjects contained
therein. On the State level she reported on the just concluded passage of the
State Budget which left Cities untouched at least at this time. She explained
two issues that may affect Cities in the future which were included in the
State Budget - the first termed the "Trigger" pertaining to the activation of
either program cuts or increase in tax if projected revenues are not met and
the other,' a property tax allocation "correction". She also noted that the
Budget may be re-visited in late November and as late as February 1995 if
revenues do not meet projections. Mrs. Thalman then briefed the status of
issues which the City Council has taken action (a position) on over the past
two years - (AB1080, AB1333, AB2581, AB2742, AB3156, AB3505, ACA34, SB1438,
SB1477, AB3409). She also explained that relative to the aerospace sales tax
refund issue, the agreement between the aerospace contractors and the State
Board of Equalization includes a six-year payback, which will allow Anaheim to
pay its $1,000,000 liability over six years rather than two years if the City
so chooses. Mrs. Thalman then briefed Federal Legislative issues, i.e., Crime
Bill, Telecommunications, Safe Drinking Reauthorization, Federally Mandated
Programs and Transportation-ISTEA Authorization. She also gave the status of
the City's enterprise community designation application submitted to the US
Department of Housing and Urban Development.
Before concluding, Mrs. Thalman also gave a grant update which listed grants
received by the City of Anaheim during fiscal year 1993-94 (see sheets
submitted entitled Grant Update) showing a dramatic increase in grants
received by the City totalling $98,321,000 up from $57,343,000 in the 1992-93
fiscal year.
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Mrs. Thalman then answered questions posed by Council Members and subsequently
the workshop presentation was concluded.
Mayor Daly and Council Members thank Mrs. Thalman for the informative
presentation and the documents submitted.
REOUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session noting.first that there are no additions to Closed Session items.
PUBLIC COMMENTS - CLOSED SESSION ITEMS=
There were no public comments relative to Closed Session items.
The following items are to be considered at the Closed Session=
CONFERENCE WITH LABOR NEGOTIATOR:
Agency Negotiator: David Hill
Employee organization: IBEW, Local 47.
2o
CONFERENCE WITH LABOR NEGOTIATOR:
Agency Negotiator: David Hill
Employee organization: Unrepresented Employees
CONFERENCE WITH LABOR NEGOTIATOR:
Agency Negotiator: David Hill
Employee organization: AMEA Clerical Unit
4. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - EXISTING LITIGATION:
Name of Case: Golden West Baseball Co. Vs. City of Anaheim, et
al.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR:
Property: 777 W. Convention Way
Negotiating Parties: Anaheim Hotel Land Partnership (purchaser)
Anaheim Realty Corporation (seller)
Anaheim Garage Corporation (seller)
City of Anaheim (lienholder)
Under Negotiation: Price and terms of sale.
LIABILITY CLAIMS:
Claimant: Tina and Eric Konopka
Agency claimed against: City of Anaheim.
7. PUBLIC EMPLOYEE RELEASE
RECESS-CLOSED SESSION: Council Member Simpson moved to recess into Closed
Session, Council Member Pickler seconded the motion. MOTION CARRIED.
(3:45 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.
(5:33 p.m.).
INVOCATION: A moment of silence was observed in lieu of the invocation.
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City Hall, Anaheim~ California - COUNCIL MINUTES - JULY 12~ 1994 - 5:00 P.M.
FLAG SALUTE: Council Member Fred Hunter led the assembly in the Pledge of
Allegiance to the Flag.
119: PRESENTATION - Enerqy Conservation Proqrams: Recognizing the City of
Anaheim for its efforts to conserve energy with its "Tree Power" and "Flush
for Bucks" programs.
Mr. Jim Bieber, Legislative Aide to Assemblyman Micky Conroy presented a
resolution to the City and its Public Utilities General Manager, Ed Aghjayan,
recognizing Anaheim particularly for its water conservation programs. He
noted that the "Flush for Bucks" program will save 75 million gallons of water
for the next 10 years. On behalf of the State Assembly and Assemblyman Micky
Conroy, he is pleased to present the commendation to Mr. Aghjayan.
Ed Aghjayan, Public Utilities General Manager. He thanked Assemblyman Conroy
for the recognition. He also noted that the other program, "Tree Power"
involves the planting of shade trees to save energy and thus far 2,000 trees
have been planted to-date. Both programs are beneficial to the environment.
Mayor Daly expressed his pleasure on behalf of the Council in receiving the
commendation and for having Mr. Bieber present it on behalf of Assemblyman
Conroy.
119: THE FOLLOWING WERE RECOGNITIONS AUTHORIZED BY THE CITY COUNCIL THIS DATE
TO BE MAILED OR PRESENTED AT ANOTHER TIME:
Recognizing the Installation of Bookmobile Service at the
Festival Shopping Center.
Recognizing Mary Anne Mang upon her retirement from Disneyland.
Recognizing Alex MacLean upon his retirement from the City of Anaheim
following 29 years of service.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,276,428.70 for the
period ending July 5, 1994 and $3,914,780.55 for the period ending July 11,
1994, in accordance with the 1994-95 Budget, were approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (5:37 p.m.)
Mayor Daly reconvened the City Council meeting. (5:44 p.m.)
ADDITIONS TO THE AGENDA: There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
Leonard Lahtinen, 2731 W. Savoy Place, Anaheim. He has lived in West Anaheim
since 1962 where he raised his family and enjoyed the amenities offered in
that part of the City. In the last few years, things have been changing and
there is a mood of pessimism to the point where people are wanting to leave.
In his area, residents and business people have decided to do something about
the declining condition in their part of the City and have formed the Beach
Boulevard Concerned Citizens Group. He asked those present on this matter to
stand (approximately 40 people were present). They have been working to try
to improve their neighborhoods rather than giving up on Anaheim. There is a
need for neighborhoods to get together and work with the City and that is the
purpose of their organization. He thereupon called on one of the group's
Members to give specifics.
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Jeff Stein, West Anaheim Medical Center, 3033 West Orange Avenue, Anaheim. Me
first submitted a list of signatures stating that 600 had been gathered in a
short period. The heading on the list was "Save Our Neighborhood" campaign.
The group he represents consists of businesses, residents, hotels, motels,
health care providers, apartment complexes, and tourist entertainment
locations. They are banding together in a unique partnership which will
combine readily with the new community policing plan. It encompasses the
areas from the 91 Fwy to the north to Cerritos Avenue on the south. Also
encompassing both the residential areas of Dale and Western Avenues. There is
a genuine desire to change what has happened to West Anaheim. Two of
Anaheim's hospitals are in this area as well as many other businesses
adversely impacted by the "bad streets". He then explained that the Beach
Boulevard Concerned Citizens Group has chronicled many incidents to share both
their successes and their concerns. Me then briefed what the group has been
doing in partnership with the Police Department. He elaborated on the
concerns of those in the area such as prostitution, drugs, homelessness, pan-
handling, graffiti, gangs and other issues/concerns. He also briefed Incident
Reports submitted by Members of the Group relating to personal experiences.
He outlined recommendations and the things that they would like to see done
and are willing to assist with in combatting the problems of West Anaheim. At
the conclusion of his presentation, he emphasized that they are very anxious
to work with the City and religious organizations. They want to be a part of
the solution. They are very concerned and interested in participating.
Mayor Daly. He thanked the leadership of the West Anaheim citizens who are
involved in the Beach Boulevard Action Group for taking the time to visit the
meeting and express their thoughts and ideas. It is one of the first times
that an organized citizen's group has stepped forward not only presenting
their concerns, but already having dealt with City staff in solving some of
the problems and talking about a partnership. The Council appreciates their
attitude. The City Manager has been discussing West Anaheim issues with the
City Council. The Council has directed him sometime ago to work with City
Departments on a focused effort on some of the West Anaheim issues exemplified
by some of the problems on Beach Blvd. The Police Department has recently
focused additional resources on Beach Blvd. The City Manager is aware of
their concerns and is in communications with Department heads. He asked to
hear from the City Manager with anything further he might suggest at this
time.
City Manager Ruth. This matter has been discussed with the Police Chief and
also the Community Development Director and the Planning Director and
significant resources have also been committed to that area. It is refreshing
to see the tremendous amount of public support. There is a definite need for
a partnership and team effort. Street prostitution is a major problem and the
police have put a special operations division in the area where over 200
arrests have been made in the past few months. They need to continue that
effort. The police have also targeted certain hotels and motels that have
major problems with very good results in minimizing the drug dealers and the
prostitutes. In addition, they have put additional resources into the
community action policing program. The Crime Task Force unit has dedicated
approximately 50% of their time since January of 1994 investigating criminal
activity in the Beach Boulevard area. The police have opened a store front
office at 2845 West Lincoln to get more presence into the area and are working
more closely with the community. A Community Policing Officer has also been
assigned to the Beach Boulevard area. They need to do more and will do more.
They plan to work closely with the group.
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City HallI Anaheiml California - COUNCIL MINUTES - JULY 12, 1994 - 5:00 P.M.
Mayor Daly. He believes the City of Buena Park has instituted a Redevelopment
Area along their stretch of Beach Blvd and Stanton as well. He would like the
City Manager to ask the Redevelopment staff to meet with some of the business
owners and property owners along Beach.
City Manager Ruth. They have already had discussions to explore the
possibility of creating that as a Redevelopment Project area.
Mayor Daly. He again thanked the organizers of the group and emphasized that
the City too will need their help.
Council Member Simpson. He also commended the Group for already having become
involved before coming to the Council recognizing full well that the police
can not do the job all by themselves. They have indicated by their attitude
their willingness to step forward and help.
Eileen Grabowski, 2543 E. Westport Drive, Anaheim. When concrete work was
done in her neighborhood last year, the City stated that the irrigation system
sprinklers would also be fixed as soon as possible because there would be
damage. The sprinkler system in the parkway was torn up and has not yet been
replaced. She has called numerous times and spoken to various staff people.
Nothing has been done and she is present to request that this matter be
handled since it has been pending for over a year.
Mayor Daly. He asked that Ms. Grabowski give her phone number to the City
Manager who will call her tomorrow during business hours to get an answer to
her concerns.
PUBLIC COMMENTS - AGENDA ITEMS: There was discussion on Agenda Items A25-29
(see discussion under those items)
MOTION: Council Member Daly moved to waive reading in full of all ordinances
and resolutions to be acted upon for the Council meeting of July 12, 1994.
Council Member Simpson seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member
Pickler, seconded by Council Member Simpson, 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-142 through 94R-168, both inclusive, for
adoption. Council Member Pickler offered Ordinance No. 5433 and 5434 for
Introduction. 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 Ted O'Toole for bodily injury sustained
purportedly due to actions of the City on or about February 28, 1994.
b. Claim submitted by Kelly Irene Burris for property damage sustained
purportedly due to actions of the City on or about May 2, 1994.
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City Hall, Anaheim, California - COUNCIL MINUTES - JULY 12, 1994 - 5:00 P.M.
c. Claim submitted by Thi Le Khac for property damage sustained
purportedly due to actions of the City on or about February 16, 1994.
d. Claim submitted by Eric Konopka, c/o Kirk M. Barry, Esq. for bodily
sustained purportedly due to actions of the City on or about December 3,
1993.
e. Claim submitted by Tina Konopka, c/o Kirk M. Barry, Esq. for body
injury sustained purportedly due to actions of the City on or about
December 3, 1993.
f. Claim submitted by David Barile for property damage sustained
purportedly due to actions of the City on or about May 21, 1994.
g. Claim submitted by Guadalupe Abarca for bodily injury sustained
purportedly due to actions of the City on or about March 28, 1993.
h. Claim submitted by Johnny L. Bennett for property damage sustained
purportedly due to actions of the City on or about May 21, 1994.
i. Claim submitted by Michael C. Gunn for property damage sustained
purportedly due to actions of the City on or about June 7, 1994.
A2. 140: Receiving and filing the Anaheim Public Library Monthly Statistical
Report for the month of May, 1994.
105: Receiving and filing minutes of the Anaheim Public Library Board meeting
held May 25, 1994.
105: Receiving and filing minutes of the Park and Recreation Commission
meeting held May 25, 1994.
105: Receiving and filing minutes of the Community Redevelopment Commission
meetings held April 13, 1994, April 27, 1994, and May 11, 1994.
173: Receiving and filing correspondence from AirTouch Communications
(formerly PacTel Corporation) regarding the recent decision of the California
Public Utilities Commission to authorize Los Angeles SMSA Limited Partnership
to provide intrastate InterLATA long distance service.
173: Receiving and filing a Notice of Hearing - Southern California Gas
Company's Biennial Cost Allocation Proceeding (Application No. 93-09-006) to
revise its rates for gas service.
A3. 169: Awarding the contract to the lowest responsible bidder, Hillcrest
Contracting, Inc., in the amount of $361,127.03 for Koll Anaheim Center Phase
II Anaheim Boulevard/Broadway Intersection 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. 170: Approving the Final Map of Tract No. 12697, and the Subdivision
Agreement with Presley Companies; and authorizing the Mayor and City Clerk to
execute said Agreement. Tract No. 12697 is located at the northwest corner of
Sunset Ridge Road and Horizon View Drive, and is filed in conjunction with
Specific Plan No. 87-1.
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A5. 123: Approving an Agreement with Computer Service Company Division,
Inc., in an amount not to exceed $423,000 for the 1994/95 fiscal year, with an
annual renewal option up to a maximum of five years for traffic signal
maintenance services.
A6. 176: RESOLUTION NO. 94R-142: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN STREETS, HIGHWAYS,
AND SERVICE EASEMENTS, AND SETTING A DATE AND TIME TO CONSIDER ABANDONING OF
HELENA STREET-AND EASEMENTS LOCATED BETWEEN CLEMENTINE STREET AND HARBOR
BOULEVARD, SOUTH OF LINCOLN AVENUE (ABANDONMENT NO. 94-4A). (Suggested public
hearing date: August 16, 1994 at 6:00 p.m.)
A7. 160: Accepting the bid of R. J. Noble Company, in an amount not to
exceed $60,000 for a period of one year beginning July 1994, for paving as
required, in accordance with Bid #5283.
A8. 160: Accepting the bid of R. J. Noble Company, in an amount not to
exceed $515,100 for a period of one year beginning July 1994, for asphalt
equipment rental with an operator, in accordance with Bid $5282.
Ag. 160: Accepting the low bid of Nobest, Inc., in an amount not to exceed
$600,000 for the removal and replacement of residential sidewalks, curbs,
gutters, cross gutters, and access ramps for a period of one year beginning
July 1994, in accordance with Bid #5278.
Al0. 160: Accepting the bid of Saulsbury Fire Equipment Corporation, in an
amount not to exceed $2,178,226 for six each Fire Pumpers, in accordance with
Bid ~5238.
All. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent
to issue a purchase order to Databyte Technology, Inc., in the amount of
$22,614.14 for ten laptop computers.
A12. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent
to issue purchase orders for not to exceed amounts, per event, to Bonafide
Security Service, for $250,000 and to Southwest Power, Inc., for $150,000 for
emergency services and supplies as required during declared emergency
situations.
A13. 128: Receiving and filing the Monthly Financial Analysis presented by
the Director of Finance for nine months ended March 31, 1994.
A14. 184: Reviewing the 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.
Al5. 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.
A16. 123: Approving a Fifth Amendment to Agreement with Cycom Data Systems,
Inc., for computer support services; and authorizing the City Attorney and the
Code Enforcement Manager to sign the agreement on behalf of the City.
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City Hall, Anaheim, California - COUNCIL MINUTES - JULY 12, 1994 - 5:00 P.M.
A17. 123: RESOLUTION NO. 94R-143: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE JOB TRAINING PARTNERSHIP ACT TITLES II-A/II-C
MASTER SUBGRANT AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE STATE OF
CALIFORNIA FOR THE TERM OF JULY 1, 1994 THROUGH JUNE 30, 1997.
A18. 123: RESOLUTION NO. 94R-144: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE JOB TRAINING PARTNERSHIP ACT TITLE III MASTER
SUBGRANT AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE STATE OF CALIFORNIA FOR
THE TERM OF JULY 1, 1994.THROUGH JUNE 30, 1997.
A19. 123: RESOLUTION NO. 94R-145: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AMENDMENT TO
COOPERATION AGREEMENT NO. 66 FOR RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS WITH THE
ANAHEIM REDEVELOPMENT AGENCY.
A20. 123: RESOLUTION NO. 94R-146: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF COOPERATION AGREEMENT
NO. 82 FOR RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS WITH THE ANAHEIM REDEVELOPMENT
AGENCY.
A21. 161: RESOLUTION NO. 94R-147: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM CONSENTING TO A JOINT PUBLIC HEARING ON THE PROPOSED RECOVERY
PLAN FOR THE ANAHEIM STADIUM EARTHQUAKE DISASTER RECOVERY PROJECT.
City Clerk Sohl announced that the Executive Director of Community Development
has requested that the suggested Public Hearing date of August 16, 1994, be
changed to August 2, 1994, with a starting time of 5:00 p.m.
A22. 153: RESOLUTION NO. 94R-148: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 94R-51 WHICH ADJUSTED RATES OF
COMPENSATION AND ESTABLISHED PAY POLICIES FOR CLASSIFICATION DESIGNATED AS
CONFIDENTIAL.
A23. 153: RESOLUTION NO. 94R-149: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM
MUNICIPAL EMPLOYEES ASSOCIATION, CLERICAL UNIT, AND THE CITY OF ANAHEIM
PERTAINING TO HOURS OF WORK.
A24. 123: ORDINANCE NO. 5433 - INTRODUCTION: AN ORDINANCE OF THE CITY OF
ANAHEIM AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF
THE CITY OF ANAHEIM AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM.
Mr. Rick Connor asked to speak to Consent Calendar Items A25-A29. He is
present representing OCCCO (Orange County Congregation of Community
Organizations) representing approximately 25,000 families in Anaheim. He was
at the meeting of June 21, 1994, along with several representatives from his
organization where they discussed implementation of the youth vision platform
which talked about prevention and intervention programs for the City. Support
for such programs had been significantly decreased. Since that time, they
have met with the Parks and Recreation Department and made significant
progress for some possibility of implementation of the programs. However,
there is a concern in the organization about the possibility of pay raises in
light of other reductions in City services. The people of OCCCO want to make
clear that prevention and intervention programs for central and greater
Anaheim be the top priority for the City. Cutting programs while increasing
salaries does not reflect that priority. The priority should be commitment to
families and the youth of Anaheim.
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City Hall, Anaheim, California - COUNCIL MINUTES - JULY 12, 1994 - 5:00 P.M.
Council Member Feldhaus. He asked the items under A25 be acted upon
separately; Mayor Daly suggested instead that he (Feldhaus) register a
separate vote on the items by identifying which Resolutions he intends to
support or oppose.
A25. 153: RESOLUTION NO. 94R-150: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTIONS NO. 92R-18, 92R-19, 92R-20, 92R-21 AND
92R-22 WHICH ESTABLISHED RATES OF COMPENSATION AND MANAGEMENT PAY POLICIES FOR
EXECUTIVE, ADMINISTRATIVE, MIDDLE MANAGEMENT, SUPERVISORY AND PROFESSIONAL
CLASSIFICATIONS.
153: RESOLUTION NO. 94R-151: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING PAY POLICIES FOR CLASSIFICATIONS ASSIGNED TO THE
EXECUTIVE, ADMINISTRATIVE, MIDDLE MANAGEMENT, SUPERVISORY AND PROFESSIONAL
GROUPS.
153: RESOLUTION NO. 94R-152: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 91R-125 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS UNREPRESENTED PART-TIME.
153: RESOLUTION NO. 94R-153: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 92R-17 ADOPTING PERSONNEL RULES APPLICABLE TO
EMPLOYEES IN MANAGEMENT, CONFIDENTIAL, AND NON-REPRESENTED PART-TIME
CLASSIFICATIONS. (Continued from the meeting of June 21, 1994.)
A26. 153: RESOLUTION NO. 94R-154: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 93R-151 WHICH ESTABLISHED A
VACATION/PAID LEAVE BUY BACK PROGRAM FOR CERTAIN CITY EMPLOYEES. (Continued
from the meeting of June 21, 1994.)
A27. 153: RESOLUTION NO. 94R-155: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM PROVIDING FOR ADDITIONAL VACATION HOURS FOR ALL EMPLOYEES IN
THE EXECUTIVE, ADMINISTRATIVE, MIDDLE MANAGEMENT, SUPERVISORY AND PROFESSIONAL
GROUPS. (Continued from the meeting of June 21, 1994.)
A28. 153: RESOLUTION NO. 94R-156: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 92R-22 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS ADMINISTRATIVE MANAGEMENT.
153: RESOLUTION NO. 94R-157: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 92R-21 WHICH ESTABLISHED RATES OF COMPENSATION
FOR CLASSIFICATIONS DESIGNATED AS MIDDLE MANAGEMENT.
153: RESOLUTION NO. 94R-158: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 92R-20 WHICH ESTABLISHED RATES OF COMPENSATION
FOR CLASSIFICATIONS DESIGNATED AS SUPERVISORY.
153: RESOLUTION NO. 94R-159: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 92R-18 WHICH ESTABLISHED RATES OF COMPENSATION
FOR CLASSIFICATIONS DESIGNATED AS PROFESSIONAL.
153: RESOLUTION NO. 94R-160: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR CLASSIFICATIONS ASSIGNED TO THE
CLERICAL UNIT REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION.
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1532 RESOLUTION NO. 94R-161: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR CLASSIFICATIONS ASSIGNED TO THE
GENERAL UNIT REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION.
(Continued from the meeting of June 21, 1994.)
A29. 153: RESOLUTION NO. 94R-162: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 92R-19 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS EXECUTIVE MANAGEMENT.
153: RESOLUTION NO. 94R-1632 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 92R-22 WHICH ESTABLISHED RATES OF COMPENSATION
FOR CLASSIFICATIONS DESIGNATED AS ADMINISTRATIVE MANAGEMENT.
153: RESOLUTION NO. 94R-164: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 92R-21 WHICH ESTABLISHED RATES OF COMPENSATION
FOR CLASSIFICATIONS DESIGNATED AS MIDDLE MANAGEMENT.
153: RESOLUTION NO. 94R-165: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 92R-20 WHICH ESTABLISHED RATES OF COMPENSATION
FOR CLASSIFICATIONS DESIGNATED AS SUPERVISORY MANAGEMENT.
153: RESOLUTION NO. 94R-1662 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 92R-18 WHICH ESTABLISHED RATES OF COMPENSATION
FOR CLASSIFICATIONS DESIGNATED AS PROFESSIONAL MANAGEMENT. (Continued from
the meeting of June 21, 1994.)
A30. 123: Approving a Fourth District Urban Park Program Funding Assistance
Agreement with the County of Orange to provide financial assistance from the
County's Urban Parks Program to perform various rehabilitation projects on
riding and hiking trails within the jurisdiction of the City of Anaheim; and
authorizing the City Manager to sign said Agreement.
106: Approving an appropriation increase of $20,000 in revenue account
101-213-4283-1823 and in expenditure account 101-213-4283-7825.
A31. 179: Allowing the Assistance League of Anaheim, Harp Guild and the
Anaheim Arts Council, per City Code, to serve wine at private receptions
associated with the summer concert series at the Pearson Park Amphitheater.
A32. 000: Approving a fee waiver for Anaheim Art Association, Children's Art
Classes scheduled at Manzanita Park Neighborhood Center, July 5 - August 11,
1994.
A33. 123: Approving an Agreement with the Orange County Health Services
Agency for animal control services for the period of July 1, 1994 through June
30, 1995, in an amount estimated by the County of Orange to be $313,025 for
fiscal year 94/95 (precise cost to be based on field, shelter and licensing
actions); and authorizing the Mayor and City Clerk to execute said agreement
on behalf of the City.
A34. 123: Approving the terms and conditions of an agreement with Carolyn
Griebe & Associates, in an amount not to exceed $36,000 for services in
connection with anti-graffiti programs, and authorizing the Mayor and City
Clerk to execute said agreement on behalf of the City.
A35. 123: Approving a First Amendment to Agreement with Intelogic Trace,
Inc., in the amount of $14,421 to provide maintenance coverage and parts for
the Wang Computer System to be effective July 1, 1994 through June 30, 1995.
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City Hallt Anaheimt California - COUNCIL MINUTES - JULY 12, 1994 - 5=00 P.M.
A36. 123= Approving a Lease Agreement with Clausen Enterprises Incorporated
for a Police Community Resource Center facility located at 2795 West Lincoln
Avenue, Suite F, in Anaheim.
A37. 123: RESOLUTION NO. 94R-167: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, CALIFORNIA APPROVING THE FIRST SUPPLEMENTAL ESCROW AGREEMENT
AND CERTAIN ACTIONS IN CONNECTION THEREWITH. (City Hall West Escrow
Agreement, First Trust of California, National Association, authorizing the
Public Utilities General Manager.)
A38. 123: Approving a Letter Agreement among the Elsinore Valley Municipal
Water District and the Cities of Anaheim, Azusa, Banning, Colton and
Riverside, California, for the Lake Elsinore Pump Storage Project; and
authorizing the Public Utilities General Manager to execute the Letter
Agreement and any other related documents on behalf of the City, as
recommended by the Public Utilities Board at their meeting of June 2, 1994.
A39. 113: RESOLUTION NO. 94R-168: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN
TWO YEARS OLD (STADIUM DEPARTMENT).
A40. 130: ORDINANCE NO. 5434 - INTRODUCTION: AN ORDINANCE OF THE CITY OF
ANAHEIM GRANTING A FRANCHISE FOR COLLECTION, HANDLING, TRANSPORTATION,
PROCESSING, RECYCLING AND DISPOSAL OF CITY SOLID WASTE TO TAORMINA INDUSTRIES,
INC.
A41. 114: Approving minutes of the Special City Council meeting held June 7,
1994, and the regular City Council meeting held June 7, 1994.
Roll Call Vote on Resolution Nos. 94R-142 throuqh 94R-149, both inclusive, for
adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Simpson, Pickler, Hunter, Daly
None
None
The Mayor declared Resolution Nos. 94R-142 through 94R-149, both inclusive,
duly passed and adopted.
Roll Call Vote on Resolution No. 94R-150 for adoption~
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Simpson, Pickler, Hunter
Daly
None
The Mayor declared Resolution No. 94R-150 duly passed and adopted.
Roll Call Vote on Resolution Nos. 94R-151, 94R-155, 94R-162 throuqh 94R-166,
both inclusive, for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS=
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Pickler, Hunter
Feldhaus, Daly
None
The Mayor declared Resolution Nos. 94R-151, 94R-155, 94R-162 through 94R-166,
both inclusive, duly passed and adopted.
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City Hall, Anaheim, California - COUNCIL MINUTES - JULY 12, 1994 - 5:00 P.M.
Roll Call Vote on Resolution No. 94R-153 for adoption~
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Pickler, Hunter, Daly
Feldhaus
None
The Mayor declared Resolution No. 94R-153 duly passed and adopted.
Roll Call Vote on Resolution Nos. 94R-152, 94R-154, 94R-156 throuqh 94R-161,
94R-167 and 94R-168, both inclusive, for adoption~
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS=
COUNCIL MEMBERS:
Feldhaus, Simpson, Pickler, Hunter, Daly
None
None
The Mayor declared Resolution Nos. 94R-152, 94R-154, 94R-156 through 94R-161,
94R-167 and 94R-168, both inclusive, duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
A42. 105: BOARDS/COMMISSIONS-APPOINTMENT/REAPPOINTMENT TO TERMS EXPIRING
JUNE 30, 1994:
Council Member Daly moved to continue Appointments/Reappointments to Terms
Expiring June 30, 1994 on the following Boards and Commission for one week to
July 19, 1994:
Budget Advisory Commission, Community Redevelopment Commission, Community
Services Board, Housing Commission, Library Board, Park and Recreation
Commission, Planning Commission, Public Utilities Board, Senior Citizens
Commission.
Council Member Pickler seconded the motion. MOTION CARRIED.
ITEMS B1-B4 FROM THE ZONING ADMINISTRATOR MEETING OF JUNE 23~ 1994:
DECISION DATE: JUNE 30, 1994 INFORMATION ONLY - APPEAL PERIOD ENDS JULY 15,
1994:
B1.
179: VARIANCE NO. 4253, CATEGORICALLY EXEMPT~
OWNER: Michael & Elizabeth Emmi, 1567 W. Wakefield Avenue, Anaheim, CA
92802
LOCATION: 1567 West Wakefield. Property is approximately 0.21 acre,
with frontage of approximately 72 feet on the north side of Wakefield
Avenue, having a maximum depth of approximately 130 feet and being
located approximately 132 feet east of the centerl~ne of ~l£ppen Dr£ve.
To construct a 260 square foot room addition to an existing detached
garage with waivers of minimum side yard and rear yard setbacks.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
WITHDRAWN BY THE APPLICANT.
B2.
179: ADMINISTRATIVE ADJUSTMENT NO. 0089, CATEGORICALLY EXEMPT, CLASS 5:
OWNER= Kenneth E. & Helen Christine Hilton, 608 Andover Drive, Anaheim,
CA 92807
LOCATION: 608 Andover Drive.
To construct a 46-square foot dining room addition to an existing
single-family residence, with waiver of required side yard.
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City Hall, Anaheim, California - COUNCIL MINUTES - JULY 12, 1994 - 5:00 P.M.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 0089 GRANTED (ZA Decision No. 94-14).
B3.
179: ADMINISTRATIVE ADJUSTMENT NO. 0090, CATEGORICALLY EXEMPT, CLASS 5:
REQUESTED BY: W. Robert Macaloney and Gary Berco, 401 N. East Street,
Anaheim, CA 92805
LOCATION: 1018 East Sycamore Street, Suite SB.
To establish a fast food restaurant, with waiver of minimum number of
parking spaces.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 0090 GRANTED (ZA Decision No. 94-15).
B4.
179: ADMINISTRATIVE ADJUSTMENT NO. 0091, CATEGORICALLY EXEMPT, CLASS 5:
REQUESTED BY: Richard Helm, 1840 East Redwood Avenue, Anaheim, CA
92805
LOCATION: 1840 East Redwood Avenue.
To retain a workshop addition to a garage, to encroach more than 35%
into the required rear yard area.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 0091 GRANTED (ZA Decision No. 94-16).
END OF THE ZONING ADMINISTRATOR ITEMS.
B5. 179: ORDINANCE NO. 5432 FOR ADOPTION: Amending Title 18 to rezone
property under Reclassification No. 89-90-30 located at 1320 South Sanderson
Avenue from the ML zone to the CL zone. (Introduced at the meeting of
June 28, 1994.)
Council Member Daly offered Ordinance No. 5432 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 5432: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO
REZONE PROPERTY UNDER RECLASSIFICATION NO. 89-90-30 LOCATED AT 1320 SOUTH
SANDERSON AVENUE FROM THE ML ZONE TO THE CL ZONE.
Roll Call Vote on Ordinance No. 5432 for adoption~
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Simpson, Pickler, Hunter, Daly
None
None
The Mayor declared Ordinance No. 5432 duly passed and adopted.
B6. 179: ORDINANCE NO. 5435 FOR INTRODUCTION: Amending Title 18 to rezone
property under Reclassification No. 93-94-08 located at 1301 South Empire
Street from the RS-A-43,000 zone to the RS-5,000 zone.
Council Member Daly offered Ordinance No. 5435 for first reading.
ORDINANCE NO. 5435: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO
REZONE PROPERTY UNDER RECLASSIFICATION NO. 93-94-08 LOCATED AT 1301 SOUTH
EMPIRE STREET FROM THE RS-A-43,000 ZONE TO THE RS-5,000 ZONE.
Cl. 107: POOL ROOM PERMIT APPLICATION - "HOT SHOTS":
Request for a pool room permit was submitted by Cesar E. Flores, 1902 East
65th Street, Long Beach, CA, 90805. The property is located at 3150 West
Lincoln Avenue, Unit #140. The petitioner is requesting approval to operate
15 billiard tables at the location.
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City Hall, Anaheim, California - COUNCIL MINUTES - JULY 12, 1994 - 5:00 P.M.
Submitted was report dated July 12, 1994 from the Planning Department, Code
Enforcement Division - John Poole, Code Enforcement Manager recommending
denial of the application based on the findings noted on pages 2 and 3 of the
report.
MOTION: Council Member Simpson moved to deny the pool room permit application
for Hot Shots on the basis of the findings as recommended on pages 2 and 3 of
the Staff Report of July 12, 1994. Council Member Hunter seconded the motion.
MOTION CARRIED.
John Poole, Code Enforcement Manager. He feels this is a positive step having
just talked about problems in the West Anaheim area. If allowed, this pool
room would just have added to the problems that are there.
C2. 127: Proposed Amendment to the City Charter - Fillinq of Vacancies on
the City Council= Reviewing the two versions of the proposed ballot measure
relating to an amendment to the City Charter concerning the filling of
vacancies on the City Council and, by motion, determining whether to instruct
the City Clerk and City Attorney to prepare the necessary resolutions to
schedule an election upon either version of said measure at the general
municipal election in November, 1994. This matter was continued from the
meeting of June 28, 1994 to this date.
Submitted was report dated June 22, 1994 from the City Attorney recommending
review of the two versions as outlined on page I and 2 of his report - version
A page 1, version B page 2 and subsequently determining whether to instruct
the City Clerk and City Attorney to prepare the necessary resolutions.
MOTION. Council Member Feldhaus moved that the present Charter provisions be
left as is and that there be no proposed Charter measure changing the Charter
at this time concerning the filling of Council vacancies when they occur.
Council Member Pickler seconded the motion.
Before a vote was taken, Council Member Hunter stated he did not understand
the reason for not moving forward with a proposed Charter amendment,
specifically version B, otherwise what is going to happen as has happened
before, they will have to hold a special election and it will cost
approximately $100,000. It has nothing to do with this election but future
elections. This is the way to save the City from having a special election.
Mayor Daly. It has been a few years since the Council appointed a Charter
Review Commission. A lot of issues have been discussed since the last
Commission reviewed the Charter. It might be a good idea in coming months to
launch a Charter Review Commission. There were a number of questions which
resulted from the last review - some changes passed, some did not. It was
about four years ago when the last Commission met with the assistance of City
staff. There is a new amendment to the Charter approved by the voters less
than two years ago and there has been no experience with that new amendment as
yet. A legitimate point has been raised. Anaheim has dealt with the question
of how to fill vacancies for many decades. Sometimes a special election is
necessary but generally special elections have been avoided. This type of
issue should be tackled by a Citizen's Review Commission which can look at a
variety of other issues as well as incorporating necessary provisions of state
law.
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City Hall, Anaheim, California - COUNCIL MINUTES - JULY 12, 1994 - 5:00 P.M.
Council Member Simpson. He is speaking against the motion. He feels the
Charter Amendment was flawed to the extent it did not cover this loophole. It
is not as if the Council is making that decision. He does not think the
Charter Review Committee would be any better qualified to make a determination
as to whether or not this should be put on the ballot than the City Council.
The Council has dealt with this for a long time. He does not know the last
time a vacancy was filled by appointment. It sets up the potential for
divisiveness that need not occur if they close that loophole. Another thing
he feels is flawed and which he opposes is a four-year term for mayor being
elected at large. Anaheim does not have a Mayor form of government but a
Council/Manager form of government. It sends a message that the Mayor has the
power he does not have. That is less his concern in this case than in closing
the loophole which makes it necessary to have four members of the council
appoint someone or simply close that by having the next highest vote getter be
elected. It will not apply to the current election. Council Member Hunter's
suggestion for elections in the future seems to be common sense.
Council Member Hunter. He feels they are denying the citizens a vote on this
issue. It should go to the will of the people to let them decide. Instead
the Council is saying no and it is not even going to apply to this election.
Council Member Pickler. He feels they should plug the loophole. He also did
not think that the Mayor should be elected for four years but for two. He
feels another way a Charter Review Committee might analyze this situation is
that anybody on the Council who decides to run for an office in mid-term must
relinquish their seat at that time. That seat would then become vacant and
open to anybody. It would eliminate the special election and the possibility
of an appointment. He feels the idea of a Charter Review Commission at this
time is a good one perhaps taking the former committee and have them look at
the Charter again.
Council Member Hunter. He is supportive of everything Council Member Pickler
said.
Council Member Pickler. Council Member Simpson, Hunter and himself will not
be on the Council after November. If it was going to take effect this year,
he may look at it differently after November. He is sure it will not happen
until 1996.
Council Member Hunter. Once he is off the Council and there is a Charter
Review Commission, he would like to be a member of that commission.
A vote was then taken on the foregoing motion and carried by the following
vote:
Ayes - Feldhaus, Pickler, Daly
Noes - Simpson, Hunter
Mayor Daly. He asked the City Attorney to identify any housekeeping matters
that might be dealt with and any clean-up issues regarding State law and
refresh Council's memory on the issues dealt with by the last Charter Review
Commission in which 10 citizens were involved.
City Attorney White. He can get that information for the Council. He
assumes there is no real urgency and certainly not something they can put in
place and have a recommendation for the November election. The next general
election the City will have will be in 1996. The State has also changed the
primary election date from June to early spring so California will now no
388
City Hall, Anaheim, California - COUNCIL MINUTES - JULY 12, 1994 - 5:00 P.M.
longer be the last state in the union to hold a Presidential Primary. He will
get back to the Council probably within the next 60 days.
C3. 142: Possible Amendment to the Anaheim Municipal Code Relatinq to
Smokinq in Public Places: Submitted was report dated June 23, 1994 from the
City Attorney with certain recommendations if the Council desires to impose
greater restrictions on smoking, Chapter 6.30 of the code.
MOTION: Council Member Pickler moved to continue consideration of this matter
for one week to July 19, 1994. Council Member Hunter seconded the motion.
MOTION CARRIED.
D1. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3680
AND NEGATIVE DECLARATION:
OWNER: EMC Mortgage Corp., Attn: Sheri Wilson, 511 E. John Carpenter
Fwy., Irving, TX 75062
AGENT: The Eli Home, Inc., 140 S. Imperial Hwy., Anaheim, CA 92804;
Jeffrey Farano, 2100 S. State College Blvd., Anaheim, CA 92806
LOCATION: 100 S. Canyon Crest Drive. Property is approximately 0.22
acres located at the southeast corner of Santa Ana Canyon Road and
Canyon Crest Drive.
To permit a group home for abused women and their children.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3680 GRANTED for one year (PC94-56) (6 yes votes, i absent).
Approved Negative Declaration.
PLANNING STAFF INPUT: See staff report to the Planning Commission dated
May 16, 1994
HEARING SET ON: A letter of appeal of the Planning Commission's decision was
submitted by Gene Secrest in letter dated June 6, 1994 and Public Hearing
scheduled this date May 16, 1994.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - June 23, 1994
Mailing to property owners within 300 feet - June 21, 1994
Posting of property - July 1, 1994
STAFF INPUT: City Clerk Sohl announced that a request for a continuance was
-received from the appellants' attorney asking that the matter be continued to
the meeting of August 2, 1994.
City Attorney Jack White. It would not be necessary to take testimony tonight
because a request has been received for at least some of the opponents and
that has been acquiesced by legal counsel for the project applicant. He
recommends that the public hearing be continued to August 2, 1994 without
further notice.
MOTION: Council Member Simpson m0ved'to continue the public hearing on
Conditional Use Permit No. 3680 and the negative declaration to Tuesday,
August 2, 1994. Council Member Hunter seconded the motion. MOTION CARRIED.
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City Hall, Anaheim, California - COUNCIL MINUTES - JULY 12, 199~ - 5~00 P.M.
C4. 114: COUNCIL COMMENTS: No comments.
C5. 112: REPORT ON CLOSED SESSION ACTIONS: City Attorney White stated that
there are no actions to report.
ADJOURNMENT: Council Member Pickler moved to adjourn, Council Member Hunter
seconded the motion. MOTION CARRIED. (6:35 p.m.)
LEONORA N. SOHL, CITY CLERK
390