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1994/12/20C~V ~!X. A~m. Cal£forn~& - ~OUNCXL MXNUTES - DECEMBER 20. 1994 - S~00 P.M. The City Council of the City of Anaheim met in regular session PRESENT= PRESENT= ABSENT~ VACANCY= PRESENT= MAYOR= Daly COUNCIL MEMBERS~ Lopez, Zemel, Feldhaus COUNCIL MEMBERS= None COUNCIL MEMBER= One CITY MANAGER= James Ruth CITY ATTORNEY= Jack White CITY CLERK= Leonora N. Sohl DIRECTOR OF PARKS, RECREATION & COMMUNITY SRVCS/GOLF: Chris Jarvi PARK SUPERINTENDENT~ Jack Kudron CODE ENFORCEMENT MANAGER= John Pools PLANNING DIRECTOR= Joel Fick A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2=40 p.m. on December 16, 1994 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the meeting to order at 3=10 p.m. R~QUEST FOR CLOSED SESSION= City Attorney Jack White requested a Closed Session noting first that there are no additions to Closed Session items. pUBLIC COMMENTS - CLOSED SESSION ITEMS= There were no public comments relative to Closed Session items. The following items are to be considered at the Closed Session= 1. CQ~FERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION ~49~6.9¢a~ - EXISTING LITIGATION~ Name of case= In re= County of Orange, Debtor, U.S. Bankruptcy Court, Central District Case No. SA 94-22272; and In re~ Orange County Investment Pools, U.S. Bankruptcy Court, Central District No. SA 94-22273. 2. CONFERENCE WITH ~EGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 5495~.9(a~ - EXISTING LITIGATION= Name of case= City of Garden Grove v. City of Anaheim, Orange County Superior Court Case No. 73-74-73. 3. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION= Name of case= Anaheim H.O.M.E.v. City of Anaheim, Orange County superior court case No. 73-74-91. 4. CONF~RENCE W~T~ LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION $4956.9(a) - EXISTING LITI~ATION~ Name of cases Anaheim City School District and Anaheim Union High School District v. City of Anaheim, Orange County Superior Court Case No. 73-75-40. 5. C0NFE~NCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 5495~.~(a} - EXISTING LITIGATION= Name of case= Anaheim Stadium Associates v. City of Anaheim, Orange County Superior Court Case Nos. 44-81-74 and 73-26-60. 6. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION 759 City Ea],.~,, Anaheim. Cal.t.~orn,ia - CC)TJNCXL MXNXJ"2'ES - DIEC~MBZKR 20, 1994, - S:O0 P.M. The City Council is deciding whether to initiate litigation pursuant to subdivision (c) of Section 54956.9= i potential case. Existing facts and circumstances= Mello-Roos tax delinquencies in Community Facilities Districts Nos. 1989-1, 1989-2 and 1989-3. 7. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION= Case name unspecified= Disclosure would jeopardize service of process. 8. CONFERENCE WITH LABOR NEGOTIATOR Agency negotiator= David Hill Employee organization= Anaheim Firefighters Association. RECESS: Mayor Daly moved to recess into Closed Session. Council Member Zemel seconded the motion. One vacancy. MOTION CARRIED. (3=12 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. (5:12 p.m.). INVOCATION= Reverend John P. Lenihan, St. Boniface Church, gave the invocation. FLAG SALUTE: Council Member Bob Zemel led the assembly in the Pledge of Allegiance to the Flag. 128= ORANGE COUNTY FINANCIAL CRIS~S UPDATE: Mayor Daly. The entire Council has been briefed regarding what has been ascertained from County government - the County's actions to date and how those actions may have impacted Anaheim and the possible impact in the future. He asked the City Manager to give a briefing. City Manager James Ruth. Staff has been diligently working with not only the County officials, but also the consortium of cities, the 186 agencies who are involved in the County Investment Pool. Some good news has evolved over the past few days in that the County has been able to liquidate a good percentage of the pool at a good value. Judging from the success they had, all participants in the pool would be receiving approximately 30% of their investment in the pool very shortly. The remainder of the investment will be returned as the County liquidates the remainder of the assets. It is anticipated, based on information from the County, the net loss in the pool in terms of participant investments is going to be approximately 27%. That translates in the City of Anaheim to approximately 45.6 million dollars. A crisis team has been set up to look at all expenditures and to try to reduce any of the operating costs possible - deferred any unnecessary purchases, instituted a hiring freeze and looked at the City's capital improvement projects to determine which can be deferred to a future date without impeding progress. The City has also brought in outside consultation to look at the City's investment portfolio, to look at those investments and give advice on the remainder of the City's Portfolio. The assessment has been completed and recommendations will be forthcoming very soon. The City has also hired bankruptcy legal consultation to represent their interests with the County. While the information is still very fluid with a lot of unanswered questions, they felt they needed the expertise. Bottom line - the situation is not going to get worse and if anything, it could get better. As new information comes forward, the intent is to inform the Council and the community in terms of the ultimate impact. On Tuesday, January 10, 1995, they are proposing to conduct 760 CX~v HaXX. AnaheXm. CaXX£ornXa -COUNCXL MXICdTES - DECEMBER 20. 1994 - 5:00 P.M. a workshop where hopefully staff will have additional information from the County and participating agencies and probably have a better handle on the situation to share with the community at the public hearing at 2~00 p.m. and on Saturday, January 21 at 8200 o'clock in the morning, there will be a Council budget workshop. It is an annual event in trying to set ~olicy direction for 1995/96 for the proposed budget. In concluding, he stated there will be no disruption of City services. They will meet all payroll requirements and all legal obligations in terms of payments. There is no intent to lay anybody off and services will be provided as normal. There is no problem with the City's cash flow which reflects that the City is solvent and in good shape even with the disaster of the County filing bankruptcy. All cities participating in the pool have been working very closely together to deal with the situation and to try to minimize the impact in all the respective agencies. Staff will continue to work with those involved in the County and the Credit Committee that has been appointed by the cities working with an appellate Judge to oversee the distribution of funds. They feel at this point in time the corrective steps necessary to bring the situation under control have been taken. Mayor Daly. He reiterated, there will be a public meeting that will take place on January 10, 1995 at the 2=00 o'clock session prior to the regular start of the Council meeting where the full impact of the County financial situation and Potential impacts to Anaheim will be discussed. In three weeks, they should have a lot more information from the County. He asked if at that time the City Manager will be prepared to have either the consultant present to discuss the state of Anaheim's other investments or someone on staff prepared to summarize at that time. City Manager Ruth. They will have both present. They have also actively tried to get information out to the public and are meeting with the Chamber of Commerce tomorrow, the Visitor & Convention Bureau next week. They have met with all management People and all the unions to be sure they get timely information. They will continue to do that and will continue to respond to any letters and if there are any specific questions, he invited anyone to call. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,057,909.71 for the Period ending December 16, 1994, in accordance with the 1994-95 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelo~xaent Agency and Housing Authority meetings. (5:25 p.m.) Mayor Daly reconvened the City Council meeting. (5~27 p.m.) ADDITIONS TO THE AGENDAs There were no additions to agenda items. ITEMS OF PUBLIC INTEREST= Max Harper, 2209 W. Midwood, Anaheim. He relayed his concern relating to street sweeping and the fact that he was told that on street sweeping days, the residents in his neighborhood could park their cars on the lawn because all their vehicles would not fit in the driveway. He has followed that procedure and has received three tickets on street sweeping day. He then relayed his efforts in trying to get the matter settled with the Code Enforcement Division but with no success. He did all they asked him relative to appealing the tickets but in finality still got the tickets even though he had been told he could park on his lawn. 761 C£tv Hall. An~he:i.m. _~t_~£or~_~ - COUNCZL MZNUTES - DECEMBER 20. 1994 - 5~00 P.M. Mayor Daly. He noted that the Code Enforcement Manager, John Peele was present. He asked Mr. Harper to discuss the matter with Mr. Peele personally to get to the bottom of the apparent communication problem. Greg Holoboski, Attorney, 2141 W. La Palma Avenue, Anaheim. He is present as a resident. There is a problem in Anaheim with burglaries and break-ins. He called the Chief of Police and never got to talk to him. He feels that the Police do not show up in a timely manner on 911 calls - they are not late, but they do not show up at a11. He then relayed several specific incidents to justify his beliefs that the Anaheim Police Department does not wish to get into confrontations on major crimes. He wants to see the Police in Anaheim protecting residents from break-ins, strong-arm robberies and burglaries. Mayor Daly. He is asking the City Manager to ask the Police Chief to get in touch with Mr. Holoboski. He deserves answers to all of the questions asked and the concerns expressed. public COMMENTS - AGENDA ITEMS~ City Clerk Sohl. She announced that there are a number of people who wish to speak on item Cl at this time, instead of waiting until later in the meeting. Mayor Daly. The Council at this time will hear those who wish to speak on Item Cl if they choose to do so at this time. If someone is willing to wait until the Council gets to Item Cl, that is acceptable as well. This is also the time to speak on any other agenda items or items of public interest. The follow£ng people spoke relative to Item Cl - the vacancy on the City Council. (Also see additional discussion under Item Cl.) Father John Lenihan, 120 N. Janss, Anaheim. (Pastor, St. Boniface Church). He is speaking on behalf of OCCCO and also for a number of people that he has talked to. The recent crisis in the County points out two issues - financial and the capacity to keep a watch dog eye on things. For that reason, he is speaking relative to the vacancy on the City Council. He took a poll over the weekend and consulted formally with about 1,000 people. It is not a political issue for him. He does not know who the candidates are and does not wish to know. The people he spoke with feel strongly that first there should not be an expenditure to fill the vacancy through another election. People see such an expenditure as a great contradiction in this time of financial crisis and it would also involve waiting probably until June to seat another Council Member which would be a serious issue with regard to moving along serious governmental matters. The second point is that there has been an election and a democratic statement has been made that should be taken into consideration. He then asked Steve Mather to speak. Steve Mather, 102 S. Seneca Circle, Pastor of the First Presbyterian Church. Their Orange County Con~aunity Church organization has done an informal poll and their feeling is the City has a number of pressing issues and hopes the Council could find the means to appoint a person to the vacant Council seat. In the last election, for all intents and purposes, there were three seats open. There was no serious thought that Mayor Daly would be defeated. Their feeling is there are three top vote getters and that the third Person next in line would be most appropriate to appoint. The actual person in question is no longer the issue, but what is the most fair and democratic way to move 762 C~tv ~all. 41t~ahe:Lmo Cal~forn£a -COUNCIL MINUTES - DECEMBER 20. 1994 - 5:00 P.M, ahead with having a full five member council. He is appealing to Council Members Zemel and Lopez that had they been the third vote getter they would have made their voices heard adamantly that they be appointed. The third vote getter is there and probably would have gotten twice as many votes as any person in a special election. Dennis Fitzgerald, 856 Turquoise Street, Anaheim. He has been a member of St. Boniface Parish for 20 years. Last Sunday in Church he was 8hocked when Father John (Pastor John Lenihan/St. Boniface) requested parishioners to attend tonight's Council meeting, the purpose being to prevent an election for the vacant Council seat. When it comes to denying voters the privilege of choosing their own Council Member, he believes that Father John is "way off base". Relative to appointing a candidate, he also feels that the runner-up in the Mayor's race should also be considered for appointment since he (Curtis Stricker) received over 15,000 votes or 5,000 more than the third place candidate, Shirley McCracken. Curtis Stricker would be the best choice. Elsie Reed, 914 Fairview Street, Anaheim. Having a special election to fill the Council seat is not using money wisely. In a special election according to the Registrar of Voter's Office, there Is only a 12 to 20% voter turnout. The voters placed Shirley McCracken in third position. She supports Mrs. McCracken but would support any person to fill the vacancy rather than filling it by a special election. The money could be used for many other City needs. She also believes there should be a Charter amendment to determine how a vacancy is filled so a new Council can be seated as soon as possible. Dan Boone, 215 Primrose, Anaheim. It is clear that the voters have chosen someone to fill the vacant seat. He personally did not support Shirley McCracken and there are other people he would support over her; however, over 10,000 people voted for her and they should be taken into account. The third candidate seems a logical recommendation. Diane Horn, 920 S. Nutwood, Anaheim. Her two concerns regarding the vacant seat are the cost of a special election and the democratic process. OCCCO has worked with the Council and members of City Departments for over 5 years to get funds allocated for the youth in the community. The City recently approved $250,000. Now the Council is considering spending $100,000 on a special election. Also, the people have spoken and they voted for those they wanted elected. No matter who the person is, the person who received the next highest number of votes for the Council seat is the person that should be on the Council. John Ruses, 425 W. Lenore, Anaheim. He was a candidate in the last election. There has already been a decision made by the people. Shirley McCracken happened to fall in the third spot. He would like to see the Council and the Mayor make the decision to appoint Shirley M¢Cracken to the vacant seat. Paul Boetwick, 810S Woodsboro, Anaheim. The City is on the brink of a great change for the future. This change and the decisions needed to implement that change will set the tone for the next 20 years. The City needs to have five viable Council Mend~ers to deal with all the major decisions in a business-like manner. To avoid appointing that Council Member and going to a special election i8 not prudent or fiscally responsible. A special election will also delay seating that Council Member until late Spring and possibly June. He urged that they do what is right and make an appointment. Marie Landers, 1822 W. Tedmar, Anaheim. She agrees with many of the previous speakers. She asked that they not waste taxpayer's money and move forward by making an appointment to fill the vacancy. 763 City Hail. Anaheim. CaX'ifornia - COUNCXL MXNUTBS - DECID4B]~R 20. 1994 - 5:00 P.M, Curtis Stricker, 1117 Wakefield Place, Anaheim. He could not see having an election to fill the fifth seat. The Charter is incorrect and when the Council recently had the opportunity to change the Charter and put the matter on the ballot, they did not do so but instead wanted to appoint the third vote getter themselves. The election was for two seats and it should have been for three seats. They are not going to sit by and let the Council appoint especially the person they are trying to appoint. They are looking to the two new Council people to do what is right and make it an election of the people. Miriam Kaywood. The voters spoke loud and clear. If a poll was taken, they would find that the people's choice was the third vote getter. The runner-up should be appointed to the seat. One hundred thousand dollars ($100,000) is a lot of money to have a special election. She reminded Council Member Lopez that the Anaheim Union High School District Board of Trustees filled the vacant seat left by his resignation by appointing the runner-up and Garden Grove did the same. She urged the Council to make the appointment and get on with all the things Anaheim needs to do. See additional discussion under Item C1 which took place later in the meeting. MOTIONs Council Member Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of December 20, 1994. Council Member Feldhaus seconded the motion. One vacancy. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR= On motion by Council Member Daly, seconded by Council Member Feldhaus, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Council Member Daly offered Resolution Nos. 94R-284 and 94R-285 for adoption. Council Member Daly offered Ordinance No. 5473 for adoption and Ordinance No. $475 for introduction. Refer to Resolution/Ordinance Book. Al. 170~ Approving the Final Maps and Subdivision agreements of Tract Nos. 14866 and 14917 (Redevelopment Area 5) and authorizing the Mayor and City Clerk to execute same. A2. 170= Approving the Final Map and Subdivision agreement of Tract No. 13987 (The Summit of Anaheim Hills) and authorizing the Mayor and City Clerk to execute same. A3. 1235 Approving the First Amendment to the Agreement with Martin Luther Hospital (MLH) to provide medical services for evidence collection on alleged sexual assault victims, and Authorizing the Chief of Police to execute said First Amendment to Agreement, and to approve and execute future amendments to the Agreement revising the charges per examination, up to and including increases of 10 percent per year, provided that no other changes are made to the terms and conditions of the Agreement as amended by the First Amendment to said Agreement. A4. 156~ RESOLUTION NO. 94R-284~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE CHIEF OF POLICE TO ACCEPT GRANT FUNDS FROM THE STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL. 106= Amending the Fiscal Year 94/95 budget by increasing revenues and expenditures in Fund 218 by $49,750. Council Member Lopez questioned the City Attorney as to whether or not he should abstain on this item. 764 C£tv Hall. Anahe:l.m, CaXXfornia -Cov. rNCXL MXI~JTES - DECEMBER 20, 1994 - 5:00 P,M, City Attorney White. Under the Political Reform Act if it is reasonably foreseeable this could impact his salary or position on the Police Department, then the law would require him to abstain. Otherwise, he is permitted to vote. A5. 160: Accepting the low bid of General Switchgear, Inc., in an amount of $28,998.75 (plus applicable taxes) for upgrading the existing 15 ky, 2000 Amp, power circuit breaker to 3000 Amp, in accordance with Bid $5332, at the Clair Substation. A6. 123: Approving the First Amendment to the professional consulting agreement with Deloitte & Touche for Anaheim Stadium renovation/construction feasibility study. City Manager Ruth clarlfied for Council Member Zemel that this is only a technical change in the contract with no cost involved. It is a proprietary item and they wanted to make sure the information remained confidential and not be given to other consulting firms. There is no burden on the General Fund. AT. 148: RESOLUTION NO. 94R-285: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONSENTING TO THE WAIVER OF NOTICE CONCERNING THE RENTAL OF CERTAIN PROPERTY LOCATED IN THE CITY OF ANAHEIM BY THE COUNTY OF ORANGE. (Orange County Health Care Agency) AS. 179: ORDINANCE NO. 5475 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 5297 RELATING TO ZONING AND DEVELOPMENT STANDA~tDS FOR SP90-3 (CYPRESS CANYON) (NUNC PRO TUNC). Ag. 123: Approving the Boulder Canyon Project Implementation Agreement (Agreement) among the 15 contractors who purchase power from the Hoover Power Plant and the United States, acting through the Western Area Power Administration (Western) and the Bureau of Reclamation of the Department of the Interior (Reclamation), and authorizing the Public Utilities General Manager to execute the Agreement and any related documents which are in implementation of the Agreement, on behalf of the City. Mayor Daly asked staff to elaborate on this item. Mr. Ed AghJayan, Public Utilities General Manager then summarized the cost and benefits involved in the Boulder Canyon Project Implementation Agreement. (Also see report dated December 20, 1994 from the Public Utilities General Manager recommending approval of the subject agreement.) AIO. 184: Reviewing the need for continuing the Fifth Proclamation of the Existence of a Local Emergency issued by the Director of Emergency Services on September 6, 1994, concerning the Santiago Landslide and Pegasus Landslide in the City of Anaheim; and take no action to terminate the local emergency at this time. All. 150: ORDINANCE NO. 5473 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 7.16.050 OF CHAPTER 7.16 OF TITLE 7 AND SUBSECTION .200 OF SECTION 13.08.020 OF CHAPTER 13.08 OF TITLE 13 OF THE ANAHEIM MUNICIPAL CODE RELATING TO CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PARKS AND OTHER RESTRICTED LOCATIONS. (Introduced at the meeting of December 13, 1994.) A12. 114: Approving minutes of the City Council meeting held November 1, 1994. 765 CAtv Hall. Anaheim. ~ul££ornia - COUNCIL MINTJTES - DECEMBER 20, 1994 - 5~00 P,M. Council Members Lopez and Zemel abstained on this item. Roll Ca~ Vote on Resolutio~ Nos, 94R-284 and 94R-285 for adoution~ AYES= MAYOR/COUNCIL MEMBERS= NOES~ MAYOR/COUNCIL MEMBERS= ABSENT~ MAYOR/COUNCIL MEMBERS= VACANCY= COUNCIL MEMBERS= Lopez, Zemel, Feldhaus, Daly None None One The Mayor declared Resolution Nos. 94R-284 and 94R-285 duly passed and adopted. Roll ~all Vote on Ordinance No, 5473 for adoptions AYES= MAYOR/COUNCIL MEMBERS= NOES= MAYOR/COUNCIL MEMBERS= ABSENT= MAYOR/COUNCIL MEMBERS= VACANCY~ COUNCIL MEMBERS= Lopez, Zemel, Feldhaus, Daly None None One The Mayor declared Ordinance No. 5473 duly passed and adopted. END OF CONSENT ~T.~IDAR, MOTIONS CARRZED, A13. 000= CONTINUED PUBLIC MEETING - GOLF COURSE FEE CHANGES - AMENDING RESOLUTION NO. 93R-131= To consider amending the greens fee structure and tournament surcharge for the City golf courses by establishing Fridays as a weekend rate day and changing the tournament surcharge on weekends from $5 to $10 per player, effective January 1, 1995. This public meeting was continued from the meeting of December 6, 1994 to this date (see minutes that date). Previously submitted was report dated December 1, 1994 with attachment from Chris Jarvi, Director of Parks, Recreation and Community Services/Golf, recommending the subject amendment. After Council discussion and questions posed to staff at that meeting, Council Members requested that the matter be continued for two weeks in order to obtain further information from staff. Mayor Daly. He recounted the dialogue that took place at the previous meeting. He asked staff if there was any new and different information as a result of that dialogue regarding the proposal and also time frames relative to the items discussed. Chris Jarvi, Parks, Recreation and Community Services/Golf. Staff did provide answers to quest£ons that Council Members had £nd£v£dually relative to what the Department has done in terms of saving costs in assuming the maintenance of the courses. They also discussed the idea of having reduced fees for residents. It is still staff's feeling that issue should not be addressed i~ediately but considered as part of the normal budget process and at the same time work in a recommendation relative to a discount that might be given residents under that scenario. It would be their desire to come back with that during the normal budget process. Their recommendation at this time stands as presented. Mayor Daly asked if anyone wished to speak relative to the proposal; there was no response. 766 CXty Hall. Anahe~u. CalXfornia -COUNCIL MINUTES - DECEMBER 20. 1994 - 5500 P.M, Extensive discussion and questioning of staff followed wherein Council Member Zemel posed questions relative to how proposed cost cutting from the operating budget would occur and when, possible potential loss of play due to increased fees, the definition of tournaments, etc., which were answered by Jack Kudron, Park Superintendent. Council Member Zemel. Relative to the Anaheim Hills Course, the City has been trying to build a community center at that location and the need for such a center has been there for many years. He asked what would be the opportunity of having the proposed increases earmarked to apply to debt service for a community center. Jack Kudron. That is a policy decision for the Council to maker City Manager Ruth. He also emphasized it is a major policy decision for the Council if they are committed to building a co~nunity center at the Anaheim Hills Course. If that is the direction, the Council can set aside funds to begin accumulating a capital improvement fund. Mayor Daly. He feels council Member Zemel's proposal makes sense in terms of where their planning is going. He asked for confirmation that Council Member Zemel is talking about incorporating a co~nunity center into the Anaheim Hills Golf Courser Council Member Zemel answered yes. City Manager Ruth. There is a need for community meeting facilities and the City is absolutely committed to that. Jack Kudron. Answering the Mayor, he explained that in this year, they have planned to have architectural concepts done for a combination club house and community center at the Anaheim Hills Golf Course. An RFP was sent out and proposals are in. Staff is in a holding mode at present based on the Orange County bankruptcy whether to go ahead or not. Staff will be making those decisions in the days and weeks to come. By the end of the fiscal year, they will have schematics, renderings and floor plans to share with the Council, Golf Commission and Parks & Recreation Commission. It would have to be phased in order to keep the golf course operating. They have scheduled for next year after approval from the council putting together a funding strategy for the five to six million dollars that will be needed for the project. There are options where they may not have to rely on the regular revenue stream from the golf courses. There is the possibility of involving private capital, surplusing land on the golf course for residential lota, money earmarked in the parks capital program in the hills which could be used, etc. Once that is done, they will be able to put construction drawings together and get started. The estimate is that it would be four to five years total to have the project completed. Council Member Zemel. Obviously half of the $160,000 annual increase if the subject recommendation is approved is not going to add up to $5,000,000 very quickly but it could pay the debt service and move the project up for five years. His thinking is that they have the opportunity right now to take a step in that direction - to fulfill the need for a community center which he has personally worked on. Mayor Daly. He feels that is a good idea and as part of the present action can give staff direction to move forward vigorously, involve the Council in the discussion and create a timetable. He would like to hear more about the potential for private sector involvement. He does not think they should tie staff's hands in terms of their revenue management in terms of the need to hit their targets - the revenue that is needed from the golf courses to help the City's General Fund. It is important to send the message if they want staff 767 City Hallo Anaheim. Califor'n~a -COUNCIL MINUTES - DECEMBER20. 1994 - 5z00 P.M. to start planning for a co~unity center as part of the new club house project and start dedicating revenue to that. City Manager Ruth. Nobody has worked harder than staff trying to get a community center out at Anaheim Hills. They recognize there is a critical need. However, if they are trying to hit targets, generate revenue, reduce costs and operate as efficiently as possible, it is difficult to say do that and then putting the money in some fund. If that is done, the Council may have to lower their expectation in terms of that transfer to the General Fund. Staff may not meet the target if that happens. It is whatever the Council wants to do but it is necessary to recognize they might not make the target established if that occurs. Council Member Zemel clarified he is talking about Just the revenues from the Anaheim Hills Course. A percentage of that goes to capital improvements at any rate. Mayor Daly. If the change in the fee structure is approved, the Council can direct staff to report back on the details of the timing of the club house and community center combination, how much private money is available, when they could plan to start setting aside money for the project, etc. They need to know some of those timing items. There is nothing to prevent them at budget time in May or June of 1995 to divert substantial revenues to that project. Council Member Zemel. He confirmed what he is saying is that money be set aside in order to get the job done. In voting to approve the increase, they can say half of that can be set aside. If it turns out the community center cannot be built for some reason, the club house is still going to have to be improved. Additional discussion followed wherein, Mr. Kudron explained how the golf enterprise is set up and how funds are allocated. He reiterated it is a policy matter of where the Council wants to put the golf profit. They have not even had a chance to show the concepts because they are not on paper. He would guess that 60% of the five to six million dollars needed would be golf club house facility and service needs and some would be a combination, i.e., for example, the banquet rooms would serve golf tournaments and also a canyon high awards banquet. Council Member Feldhaus. He also feels this is a high priority item. He notes that in the Department's 1995/96 objectives, they are going to spend money for interim improvements to the golf club house when 1998 is the target date to build a new club house. He feels that would be a waste. He would also like to know the life expectancy of a new club house. City Manager Ruth. He would suspect it would be 30 years. Council Member Feldhaus. He feels the club house as presently envisioned, as soon as it is bulltv there would be an immediate return on the investment. Before he would commit to setting aside funds, he would rather see some kind of prospectus that would show 30 years out, what the annual maintenance cost would be, the anticipated cost of the building, anticipated revenues, etc. City Manager Ruth. Council Member Feldhaus is looking for a cost-benefit analysis which would be part of any project. Council Member Zemel. He would like to offer a motion that the Council approve the proposed increase taking whatever increases are derived from the operation of the Anaheim Hills Course and that those monies be set aside for 768 CAtv gallo ~he:Lm. Cal£forn£a -COUNCIL MINUTES - DECEMBER20. 1994 - 5s00 P-M- further Council direction towards the community center and not go into the General Fund subject to the process of going through the drawings and renderings - that this money be applied as a start toward that fund. Chris Jarvi. One of the reasons they are going through the process with the architect is to get citizen input as well as input from potential partners so they can come up with exactly what the Council is interested in. They want to be sure of having the input of the significant parties and right now they do not have that information. Council Member Feldhaus. He agrees with tho proposal and concept but he wants Mr. Jarvi, Mr. Kudron and the City Manager to get back to the Council with a prospectus before they start identifying where the monies are to be located. City Manager Ruth. He would recommend that they move forward with the recommendation to impose the change in the fees. They could segregate that funding and set it aside so that the Council knows how much is in the fund and have staff come back with a financing plan. If the funds are needed, they can be incorporated. If not, the Council can make the decision on whether or not they want to reallocate those funds to the General Fund. He would recommend that the staff come back with an overall financing mechanism. Jack Kudron. Relative to a time frame, they will first need the building plans to know how much square footage is involved before giving a clear delineation on what the revenue potential and expanditures would be on such a project. They envision, because of the involvement of the community and the citizen group that helped develop the policy plan for the community center over four years ago which Mr. Zemel was involved in it will be at least a four month design process. He would estimate some time in May or June they should be able to provide the prospectus that Council Member Feldhaus talked about. Mayor Daly offered Resolution No. 94R-286 for adoption, amending the green fees and tournament surcharge to be charged at the H.G. "Dad" Miller Anaheim Municipal Golf Course and the Anaheim Hills Golf Course. Refer to Resolution Book. RESOLUTION NO. 94R-286s A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING THE GREEN FEES AND TOURNAMENT SURCHARGE TO BE CHARGED AT THE H.G. "DAD' MILLER ANAHEIM MUNICIPAL ~OLF COURSE AND THE ANAHEIM HILLS GOLF COURSE. Roll Call Vote on Resolut£on No. 94R-286 for adopt£on: AYES~ MAYOR/COUNCIL MEMBERSs Lopez, Zemel, Feldhaus, Daly NOESs MAYOR/COUNCIL MEMBERS~ None ABSENTs MAYOR/COUNCIL MEMBERSs None VACANCY~ COUNCIL MEMBERs One The Mayor declared Resolution No. 94R-286 duly passed and adopted. Council Member Zemel thereupon restated his motion as follows~ MOTIONs Approving the subject recommendation by staff to allow the increases and that the money derived from the increases only from the Anaheim Hills operation be set aside for future direction from the Council with the intent of going forward with a community center. Mayor Daly seconded the motion. 769 Hall. Anaheim. California -COUNCXL MXNUTBS - DECEMBER 20r 1994 - S:00 P.M. Before a vote was taken, Council Member Lopez stated he supports the recommended increase at this time but as far as setting the money aside, he feels they can do that at anytime. He would hope that the Council will hold off voting on the motion until staff presents their long-term goals so that the Council will be better enlightened at that time. A vote was then taken on the foregoing motion: Ayes: Zemel, Feldhaus, Daly Noes: Lopez Vacancy: One ITEMS B1 - B7 FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 30r 1994 INFORMATION ONLY - APPEAL PERIOD ENDS DECEMBER 25, ~994 B1. 179~ RECLASSIFICATION NO. 94-95-04. WAIVER OF CODE REOUIHEH~NT, CONDITIONAL USE PERMIT NO. 3710 AND NEGATIVE DECL~T~ON~ OWNER: Texaco Refining & Marketing, Inc., Attn= Doug Elston, P.O. Box 7812, Universal City, CA 91608-7812 AGENT: Fred Fiedler & Associates, Attn~ Patrick Fiedler, 2322 W. 3rd. St., Los Angeles, CA 90057 LOCATION: 3080 E. La Palms Avenue (Texaco Service Stations). Property is approximately 0.76 acre located at the southwest corner of La Palms Avenue and Kraemer Boulevard. For a change in zone from the RS-A-43,000 Zone to the ML Zone. To Permit an automotive service station with an accessory automated car wash, a convenience market, drive-through restaurant (no seating proposed} and beer and wine sales for off-premise consumption with waivers of (A) minimum landscape requirements, (B) permitted location of freestanding signs, (C) minimumdistance between freestanding signs, (D) minimum number of parking spaces, and (E) minimum drive through lane requirements. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 94-95-04 GRANTED, UNCONDITIONALLY (PC94-155) (6 yes votes, I abstained). CUP NO. 3710 GRANTED, IN PART, with added conditions (PC94-156). Waiver of code requirement DENIED (accessory automated carwash denied), on the basis that all the waivers were deleted following public notification. Approved Negative Declaration. The decision of the Planning Commission was appealed by Mr. Stephen Jamleson, attorney at law, Solomon, Saltsman & Jamieson, 426 Culver Boulevard, Plays Del Rey on behalf of the applicant and, therefore, a public hearing will be scheduled at a later date. R2. 179t ~ONDITION~L U~E PRRMIT NO. 2900. WAIVER OF CODE REQUIReMeNT, CONDITIONAL USE PERMIT NO. 3329 AND NECATIVE DECLARATIONs OWNER~ Don Mussche, 2816 E. Miraloma Ave., Anaheim, CA 92806 LOCATION~ 2816 East Miraloma Avenue. Property is approximately 0.86 acres located on the south side of Miraloma Avenue and approximately 260 feet east of the centerline of Blue Gum Street. To Permit the expansion of an automotive repair facility into a previously-approved automotive detail facility with waiver of minimum number of parking spaces, and the amendment or deletion to condition of approval Pertaining to a reciprocal access and parking agreement. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 2900 GRANTED with added conditions (PC94-157) (7 yes votes). 770 California - COUNCIL MINUTES - DECEMBER 20. 1994 - S:00 P.M. CUP NO. 3329 GRANTED (PC94-157) (deleting Condition No. 6 of Resolution No. PC90-214) adding other conditions (7 yes votes). Approved waiver of code requirement. Negative Declaration previously approved. ~79~ CONDITIONAL USE PERMIT NO. 3722 AND NEGATIVE DECLARATION: OWNERs Carl E. and Carol A. Wagner, 2338 E. Wagner Street, Anaheim, CA 92806 AGENTs Pari Hakimi, 19742 Lombardy Lane, Yorba Linda, CA 92686 LOCATION= 2332 East Wagner Street. Proper~y is approximately 0.42 acre located on the south side of Wagner Avenue and approximately 535 feet west of the centerline of Sunkist Street. To permit a child day care center for up to 64 children. ACT~0N TAKEN BY THE PLANNING COMMISSION: CUP NO. 3722 GRANTED (PC94-159) (7 yes votes). Approved Negative Declaration. B4. ~79= ~OND~TIONAL 05~ pERMIT NO. 3731 AND NEGATIVE DECLARATION~ OWNER= Don S. Klm, 969 La Paz Rd., Placentia, CA 92670 AGENT= Se Banh, 1652 W. Lincoln Ave., Anaheim, CA 92801 LOCATIONs 1652 West Lincoln Avenue. Property is approximately 1.3 acres located on the south side of Lincoln Avenue approximately 440 feet east of the centerline of Euclid Street. To retain the on-premise sale and consumption of alcoholic beverages within an existing restaurant. AC~0N TAKEN BY THE PLANNING COMMISSION= CUP NO. 3731 GRANTED, for a period of one year (to expire 11/30/95) (PC94-160) (7 yes votes). Approved Negative Declaration. BS. 179= WAiVER OF CODE REOUIREMENT. CONDITIONAL USE PERMIT NO. 3729 AND NEGATIVE DECLARATIONs OWNER: Helmut Fetter & Ruth Fetter, 2221 E. Vermont Avenue, Anaheim, CA 92806 LOCATION= 821-C North Euclid Street. Property is approximately 0.78 acre located on the west side of Euclid Street and approximately 130 feet north of the centerline of Glenoaks Avenue. To permit the on-premise sale and consumption of beer and wine in conjunction with a proposed full service restaurant and with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3729 GRANTED (PC94-161) (7 yes votes). Approved waiver of code requirement. Approved Negative Declaration. REPORT AND RECOMMENDATION ITEMS: B6. ~79= RECLASSIFICATION NO. 91-92-23 AND CONDITIONAL USE PERMIT NO. 3524 - REQUEST FOR RETROACTIVE EXTENSION OF TO TIME TO COMPLY WITH CONDITIONS OF APPROVAL: REQUESTED BY= Chander Sharma, 16225 Aurora Crest Drive, Whittier, CA 90605 LOCATION: 899 South West Street. Petitioner requests a retroactive extension of time to comply with conditions of approval for Reclassification No. 91-92-23 (to reclassify subject property from the CR Zone to the RS-7200 Zone and Conditional 771 C~V Hall, Anaheim, Cali£ornia - COUNCIL MINUTES - DECEMBER20, 1994 - 5:00 P.M. Use Permit No. 3524 (to permit a church with on-site pastoral unit) to expire June 29, 1995. ~CTION TAKEN BY THE PLANNING COMMISSION: Retroactive extension of time APPROVED, to expire 6/29/95). BT. 179: CONDITIONAL USE PERMIT NO. 3664 - FINAL PLAN REVIEW OF AUTO DETAIL AREAs REQUESTED BYs Eric Ahn, 5810 East La Palms Avenue, Anaheim, CA 92807 LOCATIONs 5810-5940 East La Palms Avenue. Petitioner requests final plan review of auto detail area for Conditional Use Permit No. 3664 (to expand existing car wash to include an auto service facility). ACTION TAKEN BY THE PLANNING COMMISSION: Approved the final plan for the auto detail area. · ND OFT H~ PLANNING C:ON~ZSSZON ITEMS FRONNO~ 30, 1994. ~gM B8 FROM ~HE ZONING ADMINISTRATOR MEETING OF DECEMBER 8. 1994s DECISION D~TEs DECEMBER ~5. 1994 INFORMATION ONLY - APPEAL PERIOD ENDS DECEMBER 30. 1994 $8, ~7~ VARIANCE NO. 4268 AND NEGATIVE DECLARATIONs OWNER: Euclid Shopping Center, 2293 West Ball Road, Anaheim, CA 92804 AGENTs Melvina Li, 2923 East 19th Street, Signal Hill, CA 90804 LOCATION: 1682 West Katella Avenue (Numero Uno Pizza): Property is approximately 18.6 acres located at the southeast corner of Katella Avenue and Euclid Street. Waiver of minimum number of parking spaces for a restaurant. ~TION TAKEN BY THE ZONING ADMINISTRATORs Approved the parking waiver under Variance No. 4268 (IA Decision No. 94-32). (Originally advertised as Conditional Use Permit No. 3727.) END OF T~E ZONING ADMINISTRATOR ITEMS FOR DE~EMBER 8, 1994. ITEMS B9 - B13 FROM THE PLANNING COMMZSSION MEETING OF DECEMBER 12. 1994 XNlPORMAT~ON ONLY - APPEAL PERXOD ENDS JANUARY 3. 1994 B9. 179: CONDITIONAL USE PERMIT NO. 3642 AND NEGATIVE DECLARATION: OWNER: Doris K, Richter, 5505 Garden Grove Blvd,, #150, Westminster, CA 92683 AGENTs Ofelia Castellanos, c/o J.C. Fandango Restaurant, 1086 N. State College Blvd., Anaheim, CA 92806 LOCATION: 1086 North State College Boulevard (J.C. Fandangos Restaurant). Property is approximately 9.07 acres located north and east of the northeast corner of La Palms Avenue and State College Boulevard. Petitioner requests modification or deletion of a condition of approval pertaining to the limitation of time to retain a restaurant and nightclub expansion including a public dance hall with on-premise sale and consumption of alcoholic beverages. ACTION TAKEN BY THE PLANNING COMMISSIONs Approved modified conditions of approval for CUP NO. 3642 (PC94-162) (7 yes votes) Negative Declaration previously approved. 772 ¢~y ~n11. Anaheim. Cal££ornia -COTJNCIL MINUTES - DECEMBER t0. 1994 - 5=00 P.M, BXO, ~79= CONDITIONAL USE PERMIT NO. 3498 AND NEGATIVE DECLARATION= OWNER= Walter T. and Helen W. Courtney, 504 N. State College, Anaheim, CA 92806 AGENT= Salvador Mendoza, 500 S. Anaheim Blvd., Anaheim, CA 92805 LOCATION= 500 South Anaheim Boulevard. Property i. approximately 1.1 acre. located at the .outhea.t corner of Anaheim Boulevard and Santa An, Street. Petitioner reque.t, amendment to condition, of approval pertaining to the limitation of time for a previou.ly approved automobile repair facility with waiver of minimum number of parking .pace.. ACTION TAKEN BY THE PLANNING COMMISSION= Approved modified condition, of approval for CUP NO. 3498 (PC94-163) (7 ye. vote.). Negative Declaration previou.ly approved. ~79; CONDITIONAL USE PERMIT NO. 3464 AND NEGATIVE DECLARATION= OWNER= Anaheim Hill. Enterprises, 5100 E. La Palms Ave., Anaheim, CA 92807 AGENT= Co,~nunity Christian Church of Yorba Lind,, 5100 E. La Palms Ave., Anaheim, CA 92807 LOCATION= 5100 Ea.t La Palms Ave., Suite. 111 and 112. Property i. approximately 6.3 acre. located on the .outh .id. of La Palms Avenue and approximately 3,560 feet ea.t of the centerline of Lakeview Avenue. Petitioner request, approval of a 3-year exten.ion of time to retain a church in the ML(SC) Zone. ACTION TAKEN BY THE PLANNING COMMISSION= Modified condition, of approval for CUP NO. 3464 (PC94-164) (7 yea vote.). Negative Declaration previou, ly approved. ~7~; VARIANCE NO. 2375 AND NEGATIVE DEC~2~RATION= OWNER= Mark J. Wright, 180 N. Mohler Drive, Anaheim, CA 92808 LOCATION: 180 North Mohler Drive. Property i. approximately 0.14 acre located on the ea.t .id. of Mohler Drive and located approximately 470 feet .outh of the centerline of Call. Granada. Petitioner request, an amendment to the terms of approval for Variance No. 2375 prohibiting 2-story home., floor area. in exces, of 1550 square feet and more than three bedroom.. ACTION TAKEN BY THE PLANNING COMMISSION: Amended term. of approval for Variance No. 2375 (PC94-165) (7 yes vote.). Negative Declaration previou.ly approved. ~EPO~TAND ~ECOMMENDATION ITEMs ~3- 134= GENERAL PLAN CONFORMITY REOUEST- Reque.t from the County of Orange Ceneral Services Agency, Kenneth King, 14 Civic Center Plaza, 3rd Floor, P. O. Box 4106, Santa An,, CA 92702 to determine conformance with the Anaheim ~eneral Plan for the propo.ed lease of office .pace for the County of Orange Health Care Agency. Property located at 555 North State College Boulevard. ACTION TAKEN BY THE PLANNING COMMISSION= Determined to be in conformance with the Anaheim General Plan. END OF THE PLANNING COMMISSION ITEM.. 773 City H&~, Anaheim, California -COTJNCZL MZNTA'ES - DECEMBER20, 1994 - S=00 P.M. City Clerk Sohl announced that it is possible for the Council to appeal Item B8 up until December 30, 1994 and on Items B9 through B13, up until January 3, 1995. B~4. ~79; ORDINANCE NO. 5474 FOR ADOPTION= Amending Title 18 to rezone property under Reclassification No. 61-62-69(100) located at 1152 North Kraemer Boulevard from the RS-A-43,000 zone to the ML zone.) (Introduced at the meeting of December 13, 1994.) Council Member Daly offered Ordinance No. 5474 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5474: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Reclassification No. 61-$2-69(100) located at 1152 North Kraemer Boulevard from the RS-A-43,000 zone to the ML zone.) Ro~l Ca~ Vo~e on Ordinance No. 5474 for adoption= AYES= MAYOR/COUNCIL M~MBERS= Lopez, Zemel, Feldhaus, Daly NOES= MAYOR/COUNCIL MEMBERS= None ABSENT= MAYOR/COUNCIL MEMBERS= None VACANCY= COUNCIL MEMBERS= One The Mayor declared Ordinance No. 5474 duly passed and adopted. D1. 107= PUBLIC REARING - ORDINANCE PERTAINING TO NEW VENDOR/OPERATOR To consider the adoption of an ordinance amending and extending Ordinance No. 5455 adopted as an interim measure prohibiting the issuance of any new permits for vending of goods or merchandise from vehicles pursuant to Section 14.32.310 of the Anaheim Municipal Code while the City is studying and considering new regulations concerning such subject. ORDINANCE NO. 5476 - URGENCY= Amending and Extending Ordinance No. 5455 adopted as an interim measure prohibiting the issuance of any new permits for vending of goods or merchandise from vehicles pursuant to section 14.32.310 of the Anaheim Municipal Code while the City is studying and considering new regulations concerning such subject; and declaring that this ordinance is an emergency measure which shall take immediate effect. Submitted was report dated December 12, 1994 from the Planning Department/Code Enforcement Division recommending that after holding a public hearing that the Council approve an interim ordinance extending the temporary moratorium on the issuance of new vendor/operator permits for a period of approximately six months until June 30, 1995 while changes to the Anaheim Municipal Code are being considered. PUBLIC NOTICE REOUIREMENTS MET BY= Publication in Anaheim Bulletin - December 11, 1994 Mayor Daly opened the public hearing and asked to hear from anyone who wished to speak. 774 City Hall. A~beimo Californ£a - COUNCIL MINUTES - DECEMBER 20. 1994 - 5z00 P.M. Michael Blanco, President of NOVA. He is before the Council to support extending the moratorium for another six months. In the last two years, the street vendor situation has not only worsened in Anaheim, but also in cities throughout Orange County. During a five-month period last year (1993) in Anaheim, Code Enforcement received just over 200 complaints regarding street vendors. During the same period in 1994, Code Enforcement received almost 600 complaints or nearly triple. NOVA was meeting with Code Enforcement and Carlos Quinonez who was representing the street vendors trying to negotiate a new vendor ordinance. The meetings went on for about four months and broke off when the vendors refused to continue working with Carlos. The vendors need someone who can bring them back to the negotiating table. He feels that Council Member Lopez would be a good man to do that since he is a man of law and order and try to hammer out something that both sides and Code Enforcement could work with. Susan Kocsis. She urged the Council to continue the moratorium but also urged when they do pass an amended ordinance, that they enforce it. The vendors do not obey the law. The trucks are an eye sore. They are loaded with graffiti and they are parked illegally. There are also cart vendors that the ~olice will not enforce. She has made repeated calls to the Police Department and Code Enforcement. The calls are not returned and no one comes out. She asked that the Council do what they can to help. It is a big problem. Mayor Daly closed the public hearing. City Attorney White. It is necessary that the ordinance be read in full and it will take a unanimous vote of the Council. City Clerk Lee Sohl then read Ordinance No. 5476 aloud in full. Mayor Daly offered Ordinance No. 5476 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5476~ AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING AND EXTENDING ORDINANCE NO. 5455 ADOPTED AS AH INTERIM MEASURE PROHIBITING THE ISSUANCE OF ANY NEW PERMITS FOR VENDING OF GOODS OR MERCHANDISE FROM VEHICLES PURSUANT TO SECTION 14.32.310 OF THE ANAHEIM MUNICIPAL CODE WHILE THE CITY IS STUDYING AND CONSIDERING HEW REGULATIONS CONCERNING SUCH SUBJECT~ AND DECLARING THAT THIS ORDINANCE IS AN EMERGENCY MEASURE WHICH SHALL TAKE IMMEDIATE EFFECT. Before a vote was taken, Mayor Daly asked the Code Enforcement Manager if he has had a chance to talk directly with members of NOVA recently about some of their concerns - has he spoken with Mr. Blanco or Ms. Kocsis, especially Ms. Kocsis who stated she is not getting a response to her calls. John Pools, Code Enforcement Manager. He has not. He was not even aware she was still having problems, but they have had extensive enforcement issues in the last month. He has been relaying those activities to the NOVA group. They have also been working in conjunction with the Police Department, Orange County Health Department, State Board of Equalization and several other agencies about a variety of violations that are occurring. He will make an effort to talk to Ms. Kocsis and get an officer in that area. One problem they have with any transient type of business is they send an officer out and they are gone or no longer there by the time the officer arrives. A vote was then taken on the foregoing ordinance. Roll Cal~ Vote on Ordinance No. 5476 for adootion~ 775 CZt¥ Hall. anaheim. Cal££ornia - COUNCXL MXNUTES - DECEMBER 20. 1994 - 5~00 P.M. AYES~ MAYOR/COUNCIL MEMBERS~ Lopez, Zemel, Feldhaus, Daly NOESt MAYOR/COUNCIL MEMBERS~ None ABSENTs MAYOR/COUNCIL MEMBERS~ None VACANCY~ COUNCIL MEMBERS~ One The Mayor declared Ordinance No. 5476 duly passed and adopted. C1. 114= COUNCIL VACANCY= Discussion and/or action pertaining to the vacancy to the two year term ending November, 1996, on the Anaheim City Council. This item was initiated at the meeting of December 6, 1994 and subsequently discussed and continued from the meeting of December 13, 1994 to this date (see minutes of December 6 and December 13, 1994). Also see public input regarding this item whlch occurred at the beginning of the City Council meeting. Mayor Daly. Last week there was a nomination of a citizen of the City to fill the vacant seat. (See minutes of December 13, 1994.) There was not a majority support of that nomination. He feels the Council's goal should be to continue discussing the matter of the vacancy and attempt to find a qualified person who they can agree on who will be good for the community for the next two years. There are major challenges to be faced and there is a great deal of progress under way in Anaheim. He does not want to Jeopardize that progress. They must have a full Council and a balanced prospective. They have to try to find a citizen they can all support to avoid the cost of a special election and more importantly bring someone on board as soon as possible. Last Tuesday, he supported Shirley McCracken for many reasons. She deserves consideration of the Council and he continues to support her. She brings a balanced prospective that he feels is needed. It is not to say she is the only qualified person to fill the vacancy. He is urging, if there is not a consensus or a majority on any one individual, that they try to find an individual who can achieve that type of consensus. He also urged that they think about the future and not about the past in terms of anything that has happened previously. He is willing to consider other nominations if the Council does not desire to support the person nominated who was the runner-up in the election - that they nominate a person who they believe is qualified to serve. If they are not prepared to do that this evening, then they should consider the matter during the holidays and prepare to come forward at the next meeting. Council Member Feldhaus. He is again going to nominate Shirley McCracken to fill the vacant Council seat. It is ridiculous to expose the City to a $100,000 special election. He will always respect his colleague's thoughts on the matter but would hope that they could find a conm~n denominator in filling the seat. Council Member Feldhaus nominated Shirley McCracken to fill the vacant Council seat. Council Member Zemel. He again gave his thoughts on the matter reiterating as he did previously that he swore to uphold the Charter which is the law of the City. He calls it the great equalizer and if followed, provides for a level playing field for all citizens. To bend the rules and to go around the Charter is to describe the reasons why he got involved in City government in the first place. One thing that the people at the podium used to tell him when he was a Planning Commissioner, do not change the rules to satisfy this developer or that developer but just follow the rules. As long as the process 776 CAtv Hall, Anaha:i.mo ~ul£forn~a -COUHCXL MXNOTES - DECEMBER 20, 1994 - 5:00 P.M. is not going to be opened up and as long as they are not going to have the opportunity to deal with who m£ght be qualified, he is not going to be ~ble to support the motion. He ~ould like tho opportunity for people to come fo~3~ard that would like to be considered as one of the 105,000 people who are eligible to sit on the Council. Out of 105,000, they can select one who they feel is best su£ted and if not, it goes to a special election. The Charter does not say the third highest vote getter. To go forward with the notion that the third highest vote getter is the one who sits in the vacant chair stops progress. If they do not like the Charter and think it is wrong, they should work together and change it. The situation is going to come up again and when it does, they do not want to have the same discussion. Mayor Daly. It is not anyone's intention to his (gemel's) hands in any way. If he has a proposal or a nomination, he would encourage that. He would never say it must be the runner-up and the Charter does not say that as he pointed out. He maintains in this particular year given the flexibility the charter provides, that is the right thing to do but he is also open to other proposals and nominations. Council Member Lopez. He supports Council-Member Zemel. The Council previously had the chance to change the Charter and chose not to do so. they are in a situation where they have to follow the rules. Now Council Member Feldhaus. A Charter change has to come from the peoplb, not two members of the Council. Mayor Daly. The City Charter i8 amended by a vote of the people - by a movement of citizens or the City Council. Mayor Daly moved that nominations be closed. Council Member Feldhaus seconded the motion to close nominations. Mrs. Kaywood again approached the podium to speak. Mayor Daly. Answering Council Member Zemel's concern, he stated at the start of the meeting that it was optional if citizens wish to speak to this issue at that time or when the matter came up on the agenda. If Mrs. Kaywood has already spoken, she is close to abusing the rules laid out. He asked if there was something new and different she wished to say at this time. Miriam Kaywood. She has two questions of the City Attorney - (1) does the Charter say that the Council may not nominate or appoint a runner-up and, (2) when the Council determined not to place the issue on the ballot the City Attorney pointed out if it were on the "November" ballot it would not have affected this election but future electlons. Council Member Zemel. He can answer that the Charter does not say that and it also does not say that they should. Marilyn Hauk, 6071 Camino Cotter, Anaheim. She was before the Council this summer and pointed out the problem in the Charter. She expressed concern that that was the game plan, that if they did not want the number three person, they would then have the opportunity to appoint. They were given the opportunity to place the issue on the ballot but the decision was made not to do so - a decision for the people to make to change the Charter, to fix this problem, one which will come up again and again every so many years. The costs of a special election were explained and two of the present Council Members voted not to put it on the ballot. They did not ask that the Council change the Charter, but give the people the opportunity to do so in November. 777 Hall, a-mhej, m, California - COUNCXL MXNUTES - DECEMBER 20, 1994 - 5:00 P.M. There was then an exchange between Mayor Daly and Mrs. Hauk relative to the formation and subsequent recommendations of the last Charter Review Committee wherein the Mayor pointed out that it was either a unanimous vote or a strong majority that looked into the issue of a vacancy and concluded that it should not be changed thereby giving flexibility to either appoint or go to a special election. Mrs. Hauk stated she is saying if they are going to go by the Charter then they should go by it, not bend the Charter by going to the third highest vote getter. Mayor Daly. The Charter allows the third highest vote getter. It does not mandate it. Jeff Kirsch, 2661 W. Palais, Anaheim. He commented on the three qualifications to run for office as outlined in the Charter and also the fact that it was mentioned at a previous meeting that any action taken to place a Charter change on the ballot would not have affected the last election. Council Member Zemel. His co~nents in no way indicate that Mayor Daly and Council Member Feldhaus voted against a Charter change because it is impossible for them to do that since it takes a vote of the people. Jacqueline Dudak, 2443 Level Avenue, Anaheim. It is a waste of time and money to have a special election. There were many qualified people on the ballot. She does not understand why they cannot agree on one person to fill that seat whether it is the third, fourth or fifth. She urged that they move on with the business of the City instead of arguing whether to appoint or elect. Dan VanDorp. He supports the previous speaker - put Shirley McCracken's name up for a vote and if they cannot agree, take the next person and go right down the line. Bob Ball, 1532 Laster, Anaheim. He cannot emphasize more than the last two speakers the urgency for the Council to make a decision. He disagrees that there is a rule problem. He agrees with the people who feel the Council should agree on someone whether it be the third, fourth, fifth, etc., or even someone that did not run. He urged that they not go to a special election. Loretta Sanchez-Brixey, 1308 N. Paradise, Anaheim. She was a candidate in the last election and ideally she would like to see another election because she believes she is the most qualified person to fill the seat. However, relative to a special election, she agrees with the citizens who are concerned over the $100,000 cost of such an election and also that there are many qualified people in the City to fill the vacant seat. She agrees with Council Member Zemel's comments about looking at people whether they ran or not and possibly establishing a process to ask those interested in serving to submit a resume or reasons why they want to serve and then interview those people. Perhaps then the Council can come up with a solution, but, if not, go to a special election. Mayor Daly. Although nominations have been closed, he asked if there was any desire to reopen them for other nominees. Council Member Zemel. He reminded everyone that this item will be on the agenda at the next Council meeting on January 10, 1995. He feels they should invite people to apply and get involved in the process. They want to save taxpayer's money and have a democratic process. It is a matter of accommodating the Charter. 778 C~tv Hall. An~o ~aX~forn~a -~OUNCXL MXNUTES - DECEMBER 20. 1994 - 5:00 P.M. Mayor Daly. He called for a roll call vote on the nominee, Shirley McCracken. City Attorney White interjected and reminded the Council it will take three yes votes for election. Ro11 Call Vote: Ayes: Feldhaus, Daly Noes: Lopez Abstained: Zemel The motion to appoint Shirley McCracken to the vacant Council seat failed to carry. Mayor Daly. Tonight they heard eloquent appeals that they continue to try to find a person agreeable to the majority. He urged during the next couple of weeks that they try to open up their thinking to the possibilities. He'hopes they can move forward on January 10, when their next meeting is scheduled. C?. ~07; D~SCUS~ON - GARAG~ SALES. YARD SALES AND WEEKEND SALES IN ~NDUSTRIAL AREAS: Discussion requested by Council Member Feldhaus at the meeting of November 1, 1994, Item Cl, regarding garage sales, yard sales, and weekend sales in industrial areas. This matter was previously discussed and then continued from the meeting of November 22, 1994 to this date. Submitted for the meeting of November 22, 1994 was report dated November 16, 1994 from the City Attorney on the subject of garage sales with attachments. Council Member Zemel. He is not sure everyone is prepared to act on this item. He is not. He has not taken up the issue and studied it. He would hope Council Member Feldhaus would be agreeable to continuing the matter to the next meeting. Council Member Feldhaus. He has no problem with that but wants to hear from staff and what their proposal is. He did get information that there are different ideas on how to approach the problem. Joel Fick, Planning Director. They have forwarded to Council several informational memos which in the past addressed both the garage sale issue in a general sense and also the use of volunteers to assist. One of the potential solutions discussed with the City Manager was additional enforcement if the Council so desired. Mr. Peele will describe the background and possible course of action. John Peele, Code Enforcement Manager. The AnaheimMunicipal Code currently does not permit garage or yard sales. The City's practice has been to respond to garage sale complaints. Although staff has observed a recent increase in garage and yard sales, they only receive on average three or four complaints a month. While satisfied with the results of the present program, they are always sensitive to that one case that can affect the quality of life in an entire neighborhood. With that in mind, Code Enforcement currently provides staffing every other Saturday when garage sales typically occur. It is not their intent unless Council feels otherwise to actively enforce the occasional or annual homeowner yard sale. Their activities have been strictly limited to commercial and the continual garage sale problems. While there are technical and legal obstacles with the use of volunteers, staff has been working to 779 City H&11o a-aheim, Cali£or~_A~ -COUNCIL MINUTES - DECEMBER 20, 1994 - 5~00 P.M. address some of those and is working with the Public Information Office to advertise for volunteers in appropriate publications. If there is an adequate response, a program would need to be developed. In the interim, they propose preparing an informational flyer informing citizens garage sales are not permitted and distributing those at community groups, neighborhood councils and to concerned citizens. They will also give complaints regarding garage sales a higher priority and instruct the Saturday details to emphasize enforcement of the continual or commercial garage or yard sales especially in neighborhoods where there is a history of noncompliance. Council Member Lopez. He feels there is a simple solution. Citizens cannot be police officers and he does not think the answer is hiring more code enforcement people or giving them more work. He would suggest that the City allow garage sales three times a year in February, June and October and that information be sent out to the residents perhaps in Utility bills. It would then be easy for the officers to enforce because everyone would know the dates and would have to comply with those dates. Mayor Daly. He agreed that it was a good idea to designate certain dates. Council Member Feldhaus. He did not hear anything different than what was previously given in the staff report. He expressed his concern again that part of the problem with the sales are the signs that are posted in the public rights of way, utility poles, etc. He is also talking about people who are vendors and sell their merchandise in particular locations. On Sunday, there were people out in the medians at Beach Boulevard and Lincoln Avenue in both directions selling roses, not permitted by code. People are selling things without a permit or are in the public right of way. Ail these activities tie in with one another. His problem with garage sales is that sellers spread things out in the parkway between the curb and sidewalk. It makes an area look blighted. He would like to put impetus on enforcement as well as trying to clean up the City. The true violators are making a business of such sales because they are selling new products and they do it every weekend. There is no enforcement on weekends and that seems to be the biggest problem. He reiterated, he wants to see how staff intends to address the problem totally. There are no ordinances on the books that permit such sales. John Peele. What staff thought was different from their original report was the fact that they are offering to advertise in a publication to see if people are interested in volunteering to assist in enforcement. Council Member Lopez. He feels they are wasting a lot of productive time and what he is suggesting is very simple, that there be three times a year when garage sales are permitted. He suggested that they try it for a year. He would like to make a motion to that effect. City Attorney White. He reminded the Council that at least one person was present who wished to speak to this item. Don Mehlhorn, 516 S. Alvy, Anaheim. He urged the Council not to unleash a corps of neighborhood "busy bodies" who have nothing better to do than tell their neighbors what to do with their property. Many people hold garage sales for a lot of reasons - to get rid of "junk", large families sell clothing that is entirely serviceable to be passed on to others at a very low cost, families and others go to garage sales because they cannot afford to buy items new or even in the recycled stores, etc. With violent crimes being committed and graffiti everywhere, he feels it is ridiculous to be policing garage sales. Restricting garage sales to certain times does not take into consideration the 780 City Hall. Anaheim. Cal:l. foL-n£a - COUHCZL MZHIFT~S - DECEMBER 20. 1994 - 5z00 P.M. fact that weather can be a factor. The Council should be more considerate to the citizens, especially poor citizens. Mayor Daly. He hopes the Council will be ableto find a balance between appropriate levels of enforcement and continuing to allow citizens to have yard sales. He asked Council Member Lopez if he was going to offer a motion for his proposal to be brought back as part of a package. City Attorney White. Me asked for clarification if he was being asked to submit a draft of an ordinance. Council Member Lopez. He would prefer to have the matter placed on the agenda for a vote within amendment that if on the three Saturdays, one in February, one in June and one in October, if it rains they could have it the following Saturday or something along that line. City Attorney White. He believes he has enough direction and in what form to bring the matter back to the Council. MOTIONs Council Member Feldhaus moved to continue the subject matter to the City Council's next meeting on January 10, 1995. Mayor Daly seconded the motion. One vacancy. MOTION CARRIED. C3. 114= CITY COUNCIL MEETING SCHEDUL~ FO~ ~995= Approval of City Council meeting schedule for the 1995 calendar year. Submitted was report dated December 16, 1994, from the City Clerk attached to which was a proposed 1995 Master Calendar for City Council Meetings for Council consideration. City Clerk Sohl. She has received concurrence from at least two Council Members that the dates proposed for 1995 Council Meetings is acceptable. If there are no further changes, she will publish it as the Council's meeting schedule for 1995. Mayor Daly. He has a suggested change which he feels would make for a better continuity during the month of January. The next Council meeting is scheduled for January 10, 1995 with no meeting scheduled for January 17, 1995. The Council would meet again on the 24th and then be off on the 31st. He is recommending that the Council meet on January 10, 17 and 24 and drop the last meeting in January which is the fifth Tuesday. This will make for better continuity. There was general Council concurrence on the proposed change. Council Member Zemel. He was going to be out of town on the 17th but perhaps can rearrange his schedule; Mayor Daly. They will leave the 17th as a regularly scheduled meeting. It is probably easier to cancel a meeting than it is to schedule one that is not scheduled. City Attorney White. The Council has by resolution declared that the fifth Tuesdays of any month are not regular Council meeting dates. The Council need not cancel those, but it would be necessary to know if the Council plans to meet on any fifth Tuesdays. MOTIONs Mayor Daly moved to approve the City Council Meeting Schedule for the 1995 calendar year with the one change, that there be a Council Meeting on 781 CXtv HaXX, AnaheXm. ~,al££ornXa -C:OUNCXL MXNLTTBS - DECEMBER 20. 1994 - 5:00 P.M. January 17, 1995 and no Council meeting on January 31, 1995. Council Member Feldhaus seconded the motion. One vacancy. MOTION CARRIED. C4. COUNCIL COMMENTS= There were no Council comments. C5. 112= REPORT ON CLOSED SESSION ACTION~= City Attorney White stated that there are no actions to report. ADJOURNMENT: By general Council consent the City Council meeting of December 20, 1994 was adjourned. One vacancy. (8515 p.m.) LEONORA N. SOHL, CITY CLERK 782