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1998/10/27ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 27, 1998 The City Council of the City of Anaheim met in regular session. PRESENT:MAYOR: Tom Daly PRESENT:COUNCIL MEMBERS: Shirley McCracken, Tom Tait, Bob Zemel, Lou Lopez ABSENT:COUNCIL MEMBERS: None PRESENT:ASST. CITY MANAGER: Dave Morgan CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY CLERK: Ann Sauvageau DIRECTOR OF PUBLIC WRKS: Gary Johnson GENERAL MANAGER CONVENTION CENTER: Greg Smith EXECUTIVE DIRECTOR COMM. DEVELOPMENT: Lisa Stipkovich A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 12:00 p.m. on October 23, 1998 at the City Hall Bulletin Board, (both inside and outside the entrance to City Hall) containing all items as shown herein. Mayor Pro Tem Lopez called the workshop portion of the Council Meeting of October 27, 1998 to order and welcomed those in attendance (3:15 P.M.). Assistant City Manager, Dave Morgan, introduced Greg Smith, General Manager, Stadium/Convention Center who will open today’s presentation regarding the Convention Center. Mayor Daly entered the Council Chamber (3:17 P.M.). CONVENTION CENTER EXPANSION/FINISHES PRESENTATION: 124: Greg Smith, General Manager, Stadium/Convention Center. This is the fifth workshop on the plans for the Convention Center Expansion which today pertains to the finish work. They are presently in the 16th month of a 42-month construction schedule of the largest construction project in the history of the City totalling approximately $169 million. Today, they will be looking at the finishes proposed for the lobbies and meeting rooms, i.e., the front door of the Convention Center. The Principal Design Architect, Steve Brubaker of HOK (Helmuth, Obata and Kassabaum, Inc.) is again present, as in past workshops, to give the presentation. He also noted that the drawings being presented to the Council (from which Mr. Brubaker will be working) will be simultaneously shown in the slide presentation which is a part of the program today. Steve Brubaker, Design Architect, HOK. The initial charge (for the Convention Center) was to create an image that reflected Southern California and Anaheim. (The presentation was supplemented by slides which were shown while Mr. Brubaker was giving his narration and as he was pointing out the different features from the drawings/graphics/diagrams which were displayed in front of the dais.) This has been done in a variety of ways -- they have created a building form that is like the cliffs or waves and the sand dunes of the desert. The exterior has begun to reflect in an interesting way. The finishes used are intended to pick up the Southern California imagery, shapes that reflect the landscape of Southern California as well as the traditional (agricultural) products that have come from the area. Mr. Brubaker’s extensive presentation covered the finishes used on the first, second and third floor of the concourse, the individual meeting rooms and the lower level which connects to the parking garage on West Street. The three concourse patterns reflect the basis of what will become the three function patterns which he explained in detail. (He showed carpet samples representing the colors and generic shapes of the produce and the agricultural rows in which they are tilled after which they were patterned). The meeting rooms will have a more flexible carpet. He showed the different patterns, colors, themes, which will be used for the different areas as well as tile samples. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 27, 1998 During the presentation, questions were asked by Council Members regarding maintenance, cost and quality of the carpet materials, differences in color than first presented, etc., which were answered by Mr. Brubaker. The balance of Mr. Brubaker’s presentation reflected on the fact that the center has now become very elegant and colorful, and he further elaborated on the elements, finishes and changes that make it so. He also briefed the “canyon wall” (see minutes of previous workshops where these issues were broached from the beginning stages, meetings of 2/6 (initial meeting), 4/23 and 7/16/96, and 4/1 and 6/17/97), how that wall will actually begin to take on the color of the floor (as with other walls), the fact that the building is unique in that it is 1/4 of a mile and “moves in and out” (the scale of a cliff on a beach), etc. This (wall) becomes a good, compatible, integrated element of elegance to the whole building and it is the major organizing element. They feel now it is a building that has become very elegant, that all comes together and all elements interacting with one another from a design standpoint. During this part of the presentation, Mr. Charles Ahlers, President, Anaheim/Orange County Visitor and Convention Bureau reported that although they have not had much of an opportunity to show their customers all of the aspects of the improvements being made, the feedback is very exciting and future bookings have “taken off”. Just knowing what is happening makes it accepted widely. Before concluding, Mr. Smith asked Mr. Brubaker to focus on the glass being used in the facility, the light changes and how the building will look differently throughout the day; Mr. Brubaker explained as the wall “wiggles” there are four or five different major sections where they will change the glass colors which he explained. It will bring about a constantly changing feeling. At the conclusion of Mr. Brubaker’s presentation and additional questions, Mayor Daly asked for a discussion about the Convention Center Master Plan. The (Convention Center) improvements were based upon previous Master Plan efforts. It has taken on some different directions because of development decisions along Katella; Mr. Brubaker stated those properties are now no longer available to them. Mayor Daly. The current Master Plan anticipates the next convention center growth patterns would be to the west along Katella toward West Street. Those options are not available now. He asked what the status is of the updating of the Convention Center Master Plan and when the Council might see that. Mr. Brubaker. At this point, they have not started anything. Much of the development of the expansion has been on the roof of this current building (a building fronting Katella which he pointed to from the drawings). They are finding that the roof of the exhibit hall is the “land” for the meeting rooms and ballrooms. He then went into additional detail. Mayor Daly. His concern is that they are now somewhat landlocked. The Convention Center has grown six times in 30 years. He is trying to anticipate the next expansion moves and wants to make sure they preserve all of their options. Greg Smith. Mr. Brubaker has forgotten one element of the Master Plan. When they found that the properties west of the arena were no longer available, they asked Mr. Brubaker to come back and redesign the Master Plan. It entails building new exhibit facilities and meeting room facilities where Car Park 1 currently exists. It also includes expansion of Hall A all the way up immediately adjacent to the arena taking out all of the administrative offices and storage facilities. The third phase would be to build a new facility over the existing arena site with exhibit hall at grade level and meeting rooms and theater or ballrooms on the third floor. Parking would be subterranean over the entire site. That plan is in development but not yet finalized. Mr. Brubaker. When they did show the Master Plan that took the scheme west towards West Street, they had about 1.1 or 1.2 million sq. ft. of exhibit hall and much more meeting room and ballroom component along Katella. The plan Mr. Smith just outlined has one million sq. ft. of exhibit hall and all the same 2 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 27, 1998 ballroom and meeting room component thus retaining/achieving a key marketing point which was one million sq. ft. of exhibit hall on one level. Mayor Daly. He asked when they will be able to see the next Master Plan for the Convention Center; Mr. Smith answered they have done most of the work and the siting of these areas. He believes the balance is the finalization of the statistical information. It will be about another month. Mayor Daly. He surmises, then, that relative to the next Master Plan they could have additional information in about 30 days. He then asked when the “topping-out” ceremony is going to take place for the tower of the Convention Center; Gary Johnson, Public Works Director/City Engineer. This Thursday or Friday, there will be a large truss lifted in place which is the highest point of the structure. Mayor Daly thanked staff and Mr. Brubaker for the informative and detailed presentation which have been the hallmark of the workshops held on the Convention Center expansion and improvements. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session noting first that there were 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 LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 1. 54956.9(a) - Existing Litigation: Name of case: Delmonico, et al. v. City of Anaheim, et al. (and 18 related cases) Orange County Superior Court Case No. 70-80-71. ANNUAL PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS: 2. Titles: City Manager, City Attorney, City Clerk, and City Treasurer. RECESS: Mayor Daly moved to recess into Closed Session. Council Member Lopez seconded the motion. MOTION CARRIED. (4:00 p.m.) AFTER RECESS: Mayor Daly called the regular Council meeting of October 27, 1998 to order at 5:12 P.M. and welcomed those in attendance. INVOCATION: Reverend David Koll, Anaheim Christian Reformed Church gave the invocation. FLAG SALUTE: Mayor Pro Tem Lou Lopez led the assembly in the Pledge of Allegiance to the Flag. At the outset, Mayor Daly announced scheduling matters regarding the meeting. As they all know, Gene Autry recently passed away and tonight, there is a tribute to Mr. Autry at the Stadium starting now and which will continue for the next couple of hours. What he is going to suggest, there are two Public Hearings on the agenda scheduled for 6:00 P.M. He asked if there were citizens present on those issues. (A number of people were present.) He announced it is staff’s recommendation to continue those items for two weeks. Council’s attendance is expected at the tribute shortly after 6:00 P.M. When they 3 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 27, 1998 arrive at the Public Hearings at 6:00 P.M., the two Public Hearings are expected to be continued. He will make an additional announcement as they get closer to 6:00 P.M. RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: PROCLAMATIONS: 119: The following Proclamations were issued by Mayor Daly and authorized by the City Council. 1.PROCLAMATION recognizing the Mighty Ducks of Anaheim as they begin their sixth season. 2.PROCLAMATION proclaiming October, 1998 as National Arts and Humanities Month. 3.DECLARATION recognizing the Walt Disney Company on the opening of the Minority and Women-owned Business Enterprise Program Plan Room and Resource Center. 4.DECLARATION recognizing Supervisor Steiner upon his retirement from the Orange County Board of Supervisors. 5.DECLARATION recognizing the Feedback Foundation on their 30th anniversary. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,026,663.36 for the period ending October 27, 1998, in accordance with the 1998-99 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Anaheim Housing Authority meetings. ( 5:12 p.m.) Mayor Daly reconvened the City Council Meeting ( 5:26 p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: Harriet Hermann, 150 Cerro Vista Way, Anaheim 92807. She referred to letter dated October 18, 1998 previously submitted to the Council which outlined her concern(s) relative to the development of 160 Cerro Vista Way, the property adjacent to hers. She then briefed the concerns, the major issues being: grading which was to come no closer than 3 ft. to her property line but instead comes “up to the fence line with clods of dirt spilling through the fence”, there is fill dirt on her property; without permission, the contractor came on to her property and turned on different sprinklers, put pipes on her property, and changed the slope of the land so water will now drain on to her property; everybody is listening to the contractor/developer but nobody is representing her interests (a 25-year resident of Anaheim); she is concerned that her property rights are being violated as well as by the demeaning manner in which she has been treated. She also explained that she had met with City staff and that a representative had gone out to the property to confirm what had occurred. She questioned why the City had to wait for her to bring the matter to the City’s attention. Mayor Daly. Mrs. Hermann deserves answers to the question/concerns raised. He asked the City Attorney and City Manager what is the appropriate role of the City in this matter and what steps should be taken. City Attorney White answered, the City’s role is to assure that the property developer is complying with all City ordinances and is building in conformance with an approved grading plan. If that is not happening, the City can step in and make sure the violations are corrected. Mrs. Hermann would also have a private remedy against the adjoining property owner and she may wish to seek her own legal counsel. His office has not received a copy of the letter so he cannot address the contents but will be 4 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 27, 1998 happy to work either with the Public Works/Engineering Department and/or Code Enforcement to address the issues that the City can address with regard to code compliance and conformance to approved plans. Mrs. Hermann emphasized that grading/drainage is the No. 1 concern. Mayor Daly. He asked that staff get a response to Mrs. Hermann tomorrow on the grading question -- what are the City’s responsibilities in terms of overseeing the grading procedures adjacent to Mrs. Hermann’s property. Some of this may be a strictly private matter. They will ask the City Attorney and City Manager to determine the facts and get to Mrs. Hermann as quickly as possible; Mrs. Hermann stated she does not feel she should have to pay for any legal costs to have this matter corrected; she trusted the City. She will appreciate hearing from staff tomorrow. * * * * * * * * * * * * * * * * * * * * Amin David, 1585 W. Broadway, Anaheim 92802. His comments relate to the remarks attributed to Bob Zemel published in the Los Angeles Times last Friday. He (Zemel) stated one of the ways to cut down on the need for school expansion and more schools is essentially to “kick” the illegal aliens out of schools. Council Member Zemel interjected disagreeing with Mr. David as to what he said which was, one of the things school boards must do is work with State Government to sue the Federal Government to get funding into the community schools to provide construction and expansion of schools so, in fact, they could educate all children, and that illegal immigration is the reason there is overcrowding. Mr. David countered that “illegal aliens” was attributed to Mr. Zemel and asked if he had used that term since that term is what he (David) feels is obnoxious. Debate of the issue followed between Council Member Zemel and Mr. David wherein Mayor Daly interjected and noted that the Council always allows citizens to complete their comments. Mr. David. He continued his comments stating the inference (by Zemel) was exactly that. He should know there is nothing in the world that could give him any figures on what those illegal alien numbers are in schools. He (Zemel) could have asked Mr. Lopez or Daly who have served on the School Board. Consequently, he is charging this xenophobia into the Council/Mayoral race where it has no place. If this is the Republicanism he has pledged to bring to the Council, a Council who since 1857 has been non- partisan, the City is in deep trouble. There is no room for that kind of philosophy. He wants the record to show that they stand unalterably opposed to that kind of thing. He (Zemel) is advocating breaking a Constitutional Law, a Federal Law, that mandates every child in the U.S. shall be afforded the opportunity for an education. Let the record be straight. Council Member Zemel. He does not advocate kicking anybody out of school. What he is saying is the Federal Government needs to help pay for the education of the children in this community that are here in unfortunate circumstances. Senior citizens and property owners cannot afford another property tax increase to build new schools or expand on schools to pay for that education. He has always felt each child in the community, no matter how they got here, is entitled to the mandated Federal education that they have been promised. * * * * * * * * * * * * * * * * * * * * Jeff Kirsch, 2661 W. Palais, Anaheim. He expressed concern over the City’s right-of-way access charge as well as the (utilities) public benefits fee. He believes it is long since time to rescind the access charge which he feels does nothing but inflate utility costs to the rate payers. He asked that it be agendized and acted upon. 5 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 27, 1998 Council Member Zemel. There has been a lot of discussion relative to the “tax” passed last December and that the public benefit fee was, in fact, necessary and mandated to be passed on. He has a memo from the City Attorney which clearly states and sets forth that the recommendations from staff at the time it was passed on a 3-2 vote, that there were other opportunities and the Council did not have to pass it on. There has been a lot of confrontation lately with the Press and the feeling that this fee was mandated to be passed on. He believes this will clear it up and he has a copy of the memo for the press. The right-of-way fee and public benefit fee can be dealt with by the Council. Mayor Daly. Mr. Kirsch is correct and he agrees with him that the City does not have a City utility tax but a State mandated public benefit fee. PUBLIC COMMENTS - AGENDA ITEMS: There were no public comments on City Council Agenda items. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of October 27, 1998. Council Member Lopez seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A19: On motion by Mayor Daly, seconded by Council Member Zemel, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Mayor Daly offered Ordinance No. 5656 for first reading and Ordinance No. 5655 for adoption (Urgency). Refer to Ordinance Book. A1.118: Rejecting and denying certain claims filed against the City. Referred to Risk Management. The following claims were filed against the City and actions taken as recommended: a. Claim submitted by Jeanette C. Wilson for property damage sustained purportedly due to actions of the City on or about September 3, 1998. b. Claim submitted by Zenith Insurance Co., Insured:Toro Petroleum for bodily injury sustained purportedly due to actions of the City on or about Marh 16, 1998. c. Claim submitted by Jason Thompson and Michael Eppolito for bodily injury sustained purportedly due to actions of the City on or about June 6, 1998. d. Claim submitted by Keri Lynn Peden for bodily injury sustained purportedly due to actions of the City on or about June 30, 1998. A2.156: Receiving and filing the Anaheim Police Department Crime and Clearance Analysis for the month of September, 1998. 105: Receiving and filing minutes of the Investment Advisory Commission meeting held May 19, 1998. 117: Receiving and filing the Investment Portfolio Report for the month of September, 1998, as submitted by the City Treasurer. A3.169: Awarding a contract to the lowest responsible bidder, Pouk & Steinle, Inc., in the amount of $4,196,821.40 for Imperial Highway Street Widening Project from 184m (600 feet) north of SR-91 Freeway to 135m (440 feet) south of Santa Ana Canyon Road; 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. 6 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 27, 1998 A4.Approving an Acquisition Agreement for real property located at 1650 South Harbor Boulevard (R/W 5210-9) - Anaheim Resort Area Improvement Project; authorizing the Mayor and City Clerk to execute said Agreement; and authorizing the acquisition payment of $24,290 to Edward Nober, Trustee and Eve Nober, Trustee. Mayor Daly. Staff is aware they have received calls from citizens concerned with the installation of street lights on Imperial and Santa Ana Canyon Road. Gary Johnson, Public Works Director and City Engineer. The award of contract is primarily for the Imperial Smart Street. Underground District 30 which is adjacent to it, for efficiency, was combined in the contract. Relative to the street lighting element, there are some associated questions from the neighbors. The Public Utilities Department has agreed to hold a community meeting to discuss the street lighting. The recommendation is to award the contract, staff would commit to holding a community meeting and subsequently bring the results back to the Council and then either delete, modify or proceed with the street lighting work on the basis of the input received. Street lighting is in the construction documents now. Council Member Zemel. He’s prepared to support the recommendation except he needs some assurances. The contract calls for 21 street lights along Santa Ana Canyon Road which he believes are largely unwelcomed unless replacement lighting. The residents want to maintain the rural atmosphere. He wants assurances before any street lighting that there will be community meetings in the canyon and then a Public Hearing on the street lights. He asked how that could be a made a part of the action. Gary Johnson. They would commit to having a community meeting. He asked for clarification if he (Zemel) was suggesting a Public Hearing as well; Council Member Zemel answered, yes where the Council would take input and subsequently vote on the issue. Gary Johnson. If it is the desire of the Council, following community meetings, they can hold a Public Hearing at a Council meeting; Council Member Zemel asked if that would be sufficient to add legal “teeth”, that the City could not go forward without a Public Hearing. Mayor Daly. The staff report indicates that the street lights in question are between Imperial and Solomon. He asked if that was correct; Mr. Johnson answered that was correct and there are about seven lights. He clarified that there are none proposed east of Solomon. Mayor Daly. Staff is saying there are no proposed street lights that are part of this project east of Solomon. City Attorney White. The Council, if it desires, could in approving this item tonight make a motion to schedule a Public Hearing at a later date after the community meetings to consider a change order to the scope of the work relating to the street lights. If they chose to do that, that would have the legal “teeth” to allow the item to get approved but still allow the City to look at the issue of the street lighting. Mayor Daly. He believes that would be a good idea; Council Member Zemel. That would give the Council an opportunity to delve into the issue and have the public policy makers give direction relative to the street lights. Mayor Daly. Staff is recommending to go forward with the $4 million project and there wil then be a separate decision on the street lights -- something that can be removed from the contract at a later date should the Council so decide; City Attorney White answered that was correct. A4.158: Approving an Acquisition Agreement for real property located at 1650 South Harbor Boulevard (R/W 5210-9) - Anaheim Resort Area Improvement Project; authorizing the Mayor and City Clerk to execute said Agreement; and authorizing the acquisition payment of $24,290 to Edward Nober, Trustee and Eve Nober, Trustee. 7 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 27, 1998 A5.158: Approving an Acquisition Agreement for real property located at 102 Katella Avenue, including a Temporary Construction Easement and Access Rights Agreement as part of the Katella Avenue Smart Street Improvement Project and Anaheim Resort Area Improvement Project; authorizing the Mayor and City Clerk to execute said Agreements; and authorizing the acquisition payment of $100,000 to the Clarence E. Meddock and Rhea L. Meddock Family Trust. A6.158: Approving the All Inclusive Settlement Agreement for real property located at 231 West Katella Avenue (R/W 5180-33) - Katella Avenue Smart Street Improvement Project; authorizing the Mayor and City Clerk to execute said Agreement; and authorizing the acquisition payment of $55,000 to Capeluto Enterprises, Inc. A7.123: Approving an Agreement with KFM Engineering, Inc., in an amount not to exceed $228,000 for design services for the Lincoln Avenue Corridor Master Plan. A8.173: Receiving and filing a Notice of Proposed Changes - Southern California Gas Company’s Gas Rates (Application No. 98-10-012) for a decrease in rates, increase in customer charge, and reduced baseline allowance. A9.160: Accepting the low bid of CST Environmental, Inc., in an amount not to exceed $47,630 for the lead and asbestos abatement of Halls A, B, C, and D of the Convention Center, in accordance with Bid #5859. A10.123: Approving a Sixth Amendment to the Jolly Roger Lease Agreement by and between the City and Peacock LLC, and authorizing the Mayor to execute said amendment. (Continued from the meeting of October 20, 1998, Item A10.) Mayor Daly. This is a proposed lease extension for City-owned property on which the Jolly Roger Inn is located at 640 Katella Ave (1.5 acres owned by the City). His concern is that, as they were informed in the workshop this afternoon, the current Master Plan for the Convention Center is undergoing review and updating and he does not believe they can make a sound decision for the City on this question until they know what the proposed Master Plan update says. Staff reported that the plan would be available to them in approximately 30 days. He is suggesting this item could wait 30 days so they could look at the plan and understand the possible impacts this might have on the Convention Center. MOTION. Mayor Daly moved to continue this item for 30 days until the Master Plan update on the Convention Center is submitted. Council Member McCracken seconded the motion. Before further action was taken, Council Member Zemel stated he checked with the City Manager on several occasions and tried to get assurance with the Convention Center being expanded toward this property. Simply stated, the answer is no. The City Manager publicly and privately told him that would not be the case. One of the reasons why City Manager Ruth says this lease is to go forward is because if they are going to get a nice development on that site, the developer needs to get started so it can be opened at the time the new theme park opens up. If they miss that deadline, they might not get that development. If they delay it, he feels they lose the opportunity to have a good and better development. The City Manager has made him comfortable that there is no need to wait. Mayor Daly. In his conversation with the City Manager, he asked questions about the impact of extending a lease of City-owned property adjacent to the Convention Center and what the impacts on the Convention Center would be. The answers were not clear and he asked if there was a Master Plan. The answer was no but that an updated and revised plan would be brought back to the Council in approximately 30 days. His proposal is that they simply wait 30 days until they have all the answers pinned down. The Convention Center is one of the City’s most valuable public assets and they have to 8 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 27, 1998 be careful with any property adjacent to it. He is not suggesting that the lease extension is necessarily unwise, but unwise before they know what the Convention Center Master Plan is. Discussion and debate followed wherein Mayor Daly emphasized it is necessary to have good answers relative to impacts of the proposal on the Convention Center and they won’t have those answers for at least 30 days; Council Member Zemel reiterated his concern that if they do not move forward, they might not get quality development on that corner. Council Member Tait also expressed the concern if they do not proceed, the project might be jeopardized. He feels it is appropriate to act at this time. It has gone through City staff, he has asked all the questions to his satisfaction, staff recommends it, and they should go forward. Council Member McCracken. She did not see on this amendment to the lease that they are getting a first-class hotel but renovation of the current building. They do have 23 years right now and they certainly can get a loan to renovate a building under those circumstances. Her concern is the extension of the lease goes beyond the extension of the adjacent property. A 30-year lease is not a bad idea but they are talking about a 55-year lease. She has not seen any real plan for either the property or the Convention Center. She is concerned and has been asking questions of staff and others. Council Member Lopez. He also had conversations with the City Manager, the bottom line being that he recommended it. They have the property for 23 years and if they are going to make a large investment to renovate the building they need assurances they are going to be there for a while. He also does not see any reason not to grant the extension. That land can be of no use to the Convention Center according to the City Manager. Assistant City Manager Morgan stated staff is prepared to recommend this tonight. They have extensively looked at whether or not the property will be needed for the Convention Center. Their current thinking is that it will not. If Council needs further assurance, staff is not opposed but is ready to move forward tonight. Mayor Daly. He asked if this doesn’t then effectively remove a future option for Convention Center expansion; Dave Morgan. Their best thinking is it is not an option for the future. There are a number of technical reasons. Future expansion of the Convention Center would move to the west and not to the east. Mayor Daly asked if it wouldn’t foreclose an option and guarantee that future Convention Center expansion would eliminate the arena at the Convention Center; Dave Morgan. Depending on how that future expansion is designed, it could mean that. City Attorney White. The City would always retain the right of condemnation of the leasehold interest. If extended to 55 years from 23, the cost would go up but the City would not be giving up the right in the future to possibly condemn the leasehold if determined in the future the property was needed for a public purpose. Mayor Daly reiterated, his point is that until they have all the answers to the Convention Center Master Plan question, it is premature to act on this matter and there is no harm in acting in 30 days. A vote was then taken on the motion to continue this item for 30 days and failed to carry by the following vote. AYES: McCracken, Daly. NOES: Tait, Zemel, Lopez. MOTION. Council Member Tait moved to approve item A10 - a Sixth Amendment to the Jolly Roger Lease Agreement by and between the City and Peacock LLC. Council Member Lopez seconded the motion. Before a vote was taken, Mayor Daly stated one more time for the record that he disagrees with the timing on this issue and believes it would be in the taxpayer’s interest in terms of protecting the planning 9 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 27, 1998 process for the Convention Center to wait 30 days for the Master Plan. Taking action before receiving that plan is a mistake. Council Member Tait also stated that there are no plans to use this property for the Convention Center and all preliminary master planning does not include this. A vote was then taken on the foregoing motion of approval. Mayor Daly and Council Member McCracken voted no. MOTION CARRIED. A11.123: Approving an Option Agreement to purchase real property with the Peacock, LLC., a California Limited Liability Company (1.5 acres currently leased to the owner operator of “The Jolly Roger Inn”, Peacock LLC) without public bidding, and with a finding that such sale is in the public interest. (Four affirmative votes required.) (Continued from the meeting of October 20, 1998, Item A11.) City Clerk Sohl announced that letter dated October 27, 1998 was received this afternoon from Frank Elfend, President, Elfend and Associates, Inc. requesting to withdraw item A11. Mayor Daly asked for clarification if the item was placed on the agenda by the City Administrative Office or by Mr. Elfend and if by the City Manager’s Office, does he wish to withdraw it; Assistant City Manager, Dave Morgan answered it was placed on the agenda by the City Manager’s Office and they are in concurrence with the withdrawal. Mayor Daly. He also asked when they put an item on the agenda, does the City Manager’s Office allow private parties to withdraw an item or is it staff’s choice; Mr. Morgan answered, staff’s choice but in subsequent discussions with the proposers, there was mutual agreement and both recommend it be withdrawn. Mayor Daly. He feels it is an important point to confirm whose decision it is; Mr. Morgan answered, it is the City Manager’s decision. To some degree, it is a two-part item. There is a lease that is related to this. This is a portion. They are mutually exclusive. Upon further discussion both parties agreed to withdraw the item. Mayor Daly. He is curious why staff supports withdrawing one item and not the other. If the beneficiary of the other item had asked for it to be withdrawn, would staff have concurred. Mr. Morgan answered he would have to give thought to that; Mayor Daly. He is told it comes to staff as a staff recommendation and then a private party wants to withdraw. To him, it is confusing. Council Member Tait. Once the applicant asked to withdraw, it becomes moot. One side does not want to agree and for the Council to vote on it would be ridiculous. Mayor Daly. His point is, the circumstances surrounding these two items coming to the agenda, he believes, are problematic to the City government which he will get into when they discuss item A10 (A11 was discussed before A10). A12.108: Determining that the proposed ordinances constitute a project falling within the definition of Categorical Exemptions, Section 15061 (b) (3), as defined in the State CEQA Guidelines and are, therefore, categorically exempt from the requirement to prepare an EIR. A copy of the full text of this proposed emergency ordinance is available for review in the City Clerk’s office. A copy of such ordinance is also posted at the entrance to the City Council Chamber at City Hall. 10 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 27, 1998 ORDINANCE NO. 5655 (URGENCY) AN ORDINANCE OF THE CITY OF ANAHEIM amending various Sections of Chapter 18.89 of Title 18 of the Anaheim Municipal Code relating to Sex-Oriented Businesses and declaring that this Ordinance is an urgency measure which shall take immediate effect. ORDINANCE NO. 5656 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending various Sections of Chapter 18.89 of Title 18 of the Anaheim Municipal Code relating to Sex-Oriented Businesses. A13.151: Approving an encroachment permit agreeing to indemnify the State of California, and approving the depositing of wood chips by City Staff (generated by the Urban Forestry section) along the 57 Freeway as permitted by the Department of Transportation. A14.123: Approving a License Agreement with the Boys and Girls Club of Anaheim for a term of five years to utilize the gymnasium at the Downtown Youth Center located at 225 South Philadelphia Street on a shared basis to provide youth recreation programs. A15.123: Approving an Agreement with Anaheim Interfaith Shelter, in the amount of $35,000 for the provision of emergency shelter services to homeless families with dependent children; and approving an Agreement with the Boys and Girls Clubs of Anaheim, in the amount of $51,000 to assist in the provision of youth-oriented programs. A16.123: Approving a License Agreement between the City of Anaheim and First World Anaheim, a California Corporation (formerly known as Spectranet Anaheim) which grants First World Anaheim an irrevocable license to use a portion of the Convention Center’s property for the purpose of a telecommunications access office. A17.123: Approving an Agreement with Care Ambulance Service, Inc., for housing of personnel and equipment, and authorizing the Mayor and City Clerk to sign said Agreement on behalf of the City. A18.114: Approving minutes of the Anaheim City Council meeting held September 22, 1998. Roll Call Vote on Ordinance No. 5655 for adoption: AYES:MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES:MAYOR/COUNCIL MEMBERS: None ABSENT:MAYOR/COUNCIL MEMBERS: None The Mayor declared Ordinance No. 5655 duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. Mayor Daly reconvened the City Council Meeting for a Joint Public Hearing with the Anaheim Housing Authority (5:16). JOINT PUBLIC HEARING - ANAHEIM HOUSING AUTHORITY/ANAHEIM CITY 1.137: COUNCIL: BOND FINANCING FOR SAGE PARK APARTMENTS: To consider the adoption of a resolution of the Anaheim City Council authorizing the issuance, sale and delivery of variable rate demand multifamily housing revenue refunding bonds by the Anaheim Housing Authority to refinance a multifamily housing project owned by Sage Park, A California Limited Partnership, and certain other actions in connection therewith; and approving execution of related documents including, without limitation, a subordination agreement. 11 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 27, 1998 This Public Hearing was conducted in conjunction with, and at the same time as Item 1 on the Anaheim Housing Authority agenda. Submitted was report dated October 27, 1998 from the Community Development Department recommending approval of the subject. Chairman/Mayor Daly asked for a brief staff presentation on the proposal. Lisa Stipkovich, Executive Director of Community Development. The Housing Authority is considering two separate bond issues, a refinancing of current bond issues. The Housing Authority has been acting as a conduit financing for both Sage Park and Harbor Cliff Apartments. These would still maintain 20% of affordable units as required under the IRS Code -- 20% would have restricted rents and would be affordable for the term of the bonds. Harbor Cliff is similar and a continuance of a current bond issue. It is a family project where the Housing Authority has been a conduit financing and 20% of the units would be affordable as long as the bonds are outstanding. This would be continuing the financing of both of the projects into the future. IRS Code requires a public hearing and the local governing body has to approve the financing. She also confirmed for Agency/Council Member Zemel that the Authority is serving as the conduit and not as the borrower. The way the law stands, the allocation they currently have is basically rolled over. It is a pre-existing tax exempt issue. It is not getting a new allocation or using up the State cap. There is a certain amount that can be issued each year and as long as they are under that cap in the year when it was issued. These are both supported by Letters of Credit and are not in any way a risk to the Housing Authority or the City. Agency/Council Member Tait. Regardless of what interest rates do, there is no risk to the City; Mrs. Stipkovich. That is correct. The City is not exposed in any way. Chairman/Mayor Daly opened the Public Hearing for any public comments; there being none, he closed the Public Hearing. City Clerk Sohl. It would be appropriate to offer the resolution not only for the Housing Authority but also the resolution acting as the City Council on Page 8 of today’s City Council Agenda, Item A19. Chairman Daly offered Resolution AHA98-6 for adoption. Refer to Resolution Book. Refer to Resolution Book. RESOLUTION NO. AHA98-6 A RESOLUTION OF THE ANAHEIM CITY COUNCIL AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF VARIABLE RATE DEMAND MULTIFAMILY HOUSNG REVENUE REFUNDING BONDS BY THE ANAHEIM HOUSING AUTHORITY TO REFINANCE A MULTIFAMILY HOUSING PROJECT OWNED BY SAGE PARK, A CALIFORNIA LIMITED PARTNERSHIP, AND CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH; AND APPROVING EXECUTION OF RELATED DOCUMENTS INCLUDING, WITHOUT LIMITATION, A SUBORDINATION AGREEMENT. Roll Call Vote on Resolution No. AHA98-6 for adoption: AYES:CHAIRMAN/AUTHORITY MEMBERS:McCracken, Tait, Zemel, Lopez, Daly NOES:CHAIRMAN/AUTHORITY MEMBERS:None ABSENT:CHAIRMAN/AUTHORITY MEMBERS:None The Chairman declared Resolution No. AHA98-6 duly passed and adopted. 12 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 27, 1998 Mayor Daly offered Resolution 98R-238 for adoption(see Item A19, Page 8 of the City Council Agenda of October 27, 1998). Refer to Resolution Book. RESOLUTION NO. 98R-238 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZNG THE ISSUANCE, SALE AND DELIVERY OF VARIABLE RATE DEMAND MULTIFAMILY HOUSING REVENUE REFUNDING BONDS BY THE ANAHEIM HOUSING AUTHORITY TO REFINANCE A MULITFAMILY HOUSING PROJECT OWNED BY SAGE PARK, A CALIFORNIA LIMITED PARTNERSHIP, AND CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. Roll Call Vote on Resolution No. 98R-238 for adoption: AYES:MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES:MAYOR/COUNCIL MEMBERS: None ABSENT:MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution No. 98R-238 duly passed and adopted. JOINT PUBLIC HEARING - ANAHEIM HOUSING AUTHORITY/ANAHEIM CITY COUNCIL: A20. 137: REVENUE BOND FINANCING FOR HARBOR CLIFF APARTMENTS: To consider the adoption of a resolution of the Anaheim City Council authorizing the issuance, sale and delivery of multifamily housing revenue refunding bonds by the Anaheim Housing Authority to refinance a multifamily housing project to be owned by Harbor Cliff Apartments, LLC, a California Limited Liability Company, and certain other actions in connection therewith. This Public Hearing was conducted in conjunction with, and at the time of, Item 2 on the Anaheim Housing Authority agenda. Submitted was report dated October 27, 1998 from the Community Development Department recommending approval of the subject. Lisa Stipkovich, Executive Director of Community Development. This is very much the same case as the previous proposal regarding the Sage Park Apartments (see Housing Authority Item 1.) It is a refinancing and just continues the same tax exempt financing for the term of the bonds while still maintaining the 20% affordability. It does not in any way impinge on the State allocation for this year. It goes back to the year it was originally issued. Chairman/Mayor Daly opened the Public Hearing and asked if there were any public comments; there being none, he closed the Public Hearing. Chairman Daly offered Resolution No. AHA98-7 for adoption. Refer to Resolution Book. RESOLUTION NO. AHA98-7: A RESOLUTION OF THE ANAHEIM CITY COUNCIL AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF MULTIFAMILY HOUSING REVENUE REFUNDING BONDS BY THE ANAHEIM HOUSING AUTHORITY TO REFINANCE A MULTIFAMILY HOUSING PROJECT TO BE OWNED BY HARBOR CLIFF APARTMENTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. 13 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 27, 1998 Roll Call Vote on Resolution No. AHA98-7 for adoption: AYES:CHAIRMAN/AUTHORITY MEMBERS:McCracken, Tait, Zemel, Lopez, Daly NOES:CHAIRMAN/AUTHORITY MEMBERS:None ABSENT:CHAIRMAN/AUTHORITY MEMBERS:None The Chairman declared Resolution No. AHA98-7 duly passed and adopted. Mayor Daly offered Resolution No. 98R-239 for adoption (see Item A20, Page 9 of the City Council Agenda of October 27, 1998). RESOLUTION NO. 98R-239: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF MULTIFAMILY HOUSING REVENUE REFUNDING BONDS BY THE ANAHEIM HOUSING AUTHORITY TO REFINANCE A MULTIFAMILY HOUSING PROJECT TO BE OWNED BY HARBOR CLIFF APARTMENTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. Roll Call Vote on Resolution No. 98R-239 for adoption: AYES:MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES:MAYOR/COUNCIL MEMBERS: None ABSENT:MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution No. 98R-239 duly passed and adopted. ITEMS B1 - B2 FROM THE ZONING ADMINISTRATOR MEETING OF OCTOBER 8, 1998 DECISION DATE: OCTOBER 15, 1998 INFORMATION ONLY - APPEAL PERIOD ENDS OCTOBER 30, 1998: ADMINISTRATIVE ADJUSTMENT NO. 146 CEQA EXEMPTION SECTION {15061 B1.179: (B)(3)}: OWNER: Ilija and Lucija Jukic, 388 South Country Hill Road, Anaheim, CA 92808 LOCATION: 388 South Country Hill Road. Property is approximately 0.87 acre having a frontage of 220 feet on the east side of Country Hill Road, a maximum depth of 321 feet and located approximately 310 feet west of the centerline of Old Ranch Road. Waiver of a maximum height of fences/walls to retain an existing six foot high concrete block wall located in the front yard setback within four to six feet of Country Hill Road. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 146 APPROVED (ZA DECISION NO. 98-27). CONDITIONAL USE PERMIT NO. 4063, AND NEGATIVE DECLARATION: B2.179: OWNER: Joe Wassilian, 601 Michael Collins, Montebello, CA 90640 AGENT: Christopher Sarkissian, 517 South State College Boulevard, Anaheim, CA 92806 LOCATION: 512 South State College Boulevard. Property is approximately 0.34 acre having a frontage of 144 feet on the east side of State College Boulevard, located approximately 168 feet south of the centerline of Westport Drive. To permit the sale of beer and wine for on-premises consumption in conjunction with an existing 2,235 square foot enclosed restaurant. ACTION TAKEN BY THE ZONING ADMINISTRATOR: CUP NO. 4063 APPROVED (ZA DECISION NO. 98-28). Approved Negative Declaration. 14 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 27, 1998 END OF THE ZONING ADMINISTRATOR ITEMS. DISCUSSION - PROPOSED NEW HOME IN ANAHEIM FOR ABUSED WOMEN AND C1. 114: CHILDREN: Discussion requested by Mayor Daly at the meeting of October 20, 1998 on a proposed new home in Anaheim for abused women and children (Item C3., 10/20/98). Mayor Daly. He reported that discussions were under way between the operators of a shelter for families and individuals in the City of Orange called House of Hope. The operators are in conversation with City staff to open and operate a similar shelter for families in Anaheim. As he understands, the shelter would be available for abused children, abused women and for homeless persons similar to the quality operation that exists in Orange. He encourages the efforts under way and encourages staff to continue to bring to the Council a progress report and schedule for this project. Again, the project is known as Operation Hope and it is modeled on a similar successful program operated in Orange for the past few years. The purpose here is to encourage the staff on this subject. OPPOSITION TO MEASURE “A” ON THE NOVEMBER 3, 1998 GENERAL MUNICIPAL C2. 127: ELECTION BALLOT: A Resolution opposing Measure “A” on the November 3, 1998 ballot and urging its defeat by the voters of Anaheim. Council Member Tait. This makes it official that the Council is unanimous in their opposition to Measure “A”. The measure takes away the power of the people through their elected officials to set budgets and priorities within the City. It states that Fire contracts go through binding arbitration when the City does not agree. That gives away the City’s responsibility to an unelected arbitrator to set City priorities. He is against Measure “A” are as his colleagues on the Council. Council Member Tait offered Resolution No. 98R-240 for adoption. Refer to Resolution Book. RESOLUTION NO. 98R-240: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM OPPOSING MEASURE A ON THE NOVEMBER 3, 1998, ELECTION BALLOT, AND URGING ITS DEFEAT BY THE VOTERS OF ANAHEIM. Before a vote was taken, City Clerk Sohl asked Council Member Tait if he wanted the resolution read in full; Council Member Tait asked that it be entered into the record in the interest of time. City Clerk Sohl stated that the resolution will be shown in full in the minutes. Roll Call Vote on Resolution No. 98R-240 for adoption: AYES:MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES:MAYOR/COUNCIL MEMBERS: None ABSENT:MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution No. 98R-240 duly passed and adopted. 15 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 27, 1998 The text of Resolution No. 98R-240 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM OPPOSING MEASURE A ON THE NOVEMBER 3, 1998 ELECTION BALLOT AND URGING ITS DEFEAT BY THE VOTERS OF ANAHEIM WHEREAS, Measure A on the ballot for the November 3, 1998 Anaheim municial election is an election is an initiative measure which, if approved by the voters, would amend the Anaheim City Charter to require that all unresolved disputes between the City and the City firefighters’ union concerning wages, hours or terms and conditions of employment of City firefighters be submitted to an outside three-member board of arbitrators for a binding decision; and WHEREAS, Measure A would take away the rights of voters to hold elected representatives accountable for the wages paid to City firefighters and would place this decision in the hands of a board of arbitrators not elected by, or accountable to, the taxpayers of Anaheim; and WHEREAS, Measure A would require the board of arbitrators to select either the last offer of the City or the last offer of the firefighters’ union and impose the selected offer upon the City taxpayers and the City firefighters irrespective of its effects and consequences; and WHEREAS, Measure A would create a “NO WIN” situation for both City taxpayers and City firefighters. If the arbitrators select the union’s last offer, the City will be forced to make cuts in other programs or services to fund the union’s demands. It the arbitrators select the City’s offer, the firefighters will be forced to work under a labor contract they have not approved; and WHEREAS, the City has a track record of continued fair labor negotiations and has proven this recently by reaching agreement with all of its recognized labor organizations except the Anaheim Firefighters Association; and WHEREAS, in 1997, even without a labor agreement, the average gross pay and benefits for Anaheim firefighters was $90,762; and WHEREAS, binding arbitration as been found to hinder effective and efficient government by favoring prevailing practices over best practices, to promote short-term interests over longterm solutions, to discourage good faith negotiations, and to impede cooperative and collaborative joint labor/management efforts; and WHEREAS, the Anaheim Budget Advisory Commission has gone on record as unanimously opposing Measure A; and WHEREAS, Measure A would apply only to employees represented by the firefighters’union and to no other City employees or labor organizations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons stated above, the City Council expresses its strong opposition to Measure A and urges its defeat by the voters of Anaheim at the November 3, 1998 municipal election. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 27th day of October, 1998. 16 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 27, 1998 REPORT ON CLOSED SESSION ACTIONS: C3. 112: MOTION: Mayor Daly moved to continue performance evaluations for Council appointees - City Manager, City Attorney, City Clerk, City Treasurer - for one week. Council Member McCracken seconded the motion. MOTION CARRIED. City Attorney White announced there were no other actions to report from Closed Session. Mayor Daly. As announced at the outset of the Council meeting, it is the intention of staff to recommend continuances on both of the Public Hearings under Item D1. and D2. He asked to hear from the City Attorney. City Attorney White. As previously announced earlier in the meeting by Mayor Daly, the Council has been requested to attend the memorial services for Gene Autry being held at the Stadium this evening already underway which will acknowledge his many contributions to the City and the community. It is staff’s recommendation that both Public Hearings be continued to November 17, 1998 to allow the Council that opportunity. Mayor Daly. The City Attorney is recommending continuance of both (Public Hearings) to November 17, 1998. The Council apologizes for any inconvenience; however, the Council is expected to attend this important service and will be leaving shortly. CONTINUED PUBLIC HEARING - WAIVER OF CODE REQUIREMENT CONDITIONAL D1.179: USE PERMIT NO. 3915 AND NEGATIVE DECLARATION: OWNER: Hussein Berri, 16205 Hemp Circle, Fountain Valley, CA 92708 LOCATION: 1199 South State College Boulevard - Mobil Service Station. Property is 0.5 acre located at the northwest corner of Ball Road and State College Boulevard. Review of revised plans pertaining to the retention of an existing non-conforming billboard and enlargement of the previously-approved car wash facility in conjunction with a previously- approved service station and convenience market, with waivers of a) prohibition of addition to non-conforming use - APPROVED, b) maximum area of monument sign - DENIED, c) maximum monument sign width - DENIED and d) minimum structural setback from an arterial highway - DENIED. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3915 APPROVED, IN PART (PC98-127) (6 yes votes, 1 vacancy). Waiver of code requirement, APPROVED, IN PART, Waiver (a) APPROVED, and DENIED Waivers (b), (c), and (d). Negative Declaration previously approved. Informational item at the meeting of September 1, 1998. Letter of appeal submitted by David A. Rose III on August 19, 1998. Public hearing continued from the meetings of September 22, 1998, Item D3, and October 13, 1998. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News - September 10,1998 Mailing to property owners within 300 feet - September 10, 1998 Posting of property - September 11, 1998 MOTION. Mayor Daly moved to continue the subject (continued) Public Hearing to Tuesday, November 17, 1998. Council Member McCracken seconded the motion. Council Member Tait abstained. MOTION CARRIED. CONTINUED PUBLIC HEARING - CENTURY COMMUNICATIONS CABLE TELEVISION D2.130: FRANCHISE - FIVE YEAR EXTENSION: At their meeting held September 22, 1998, Item A16, the Anaheim City Council adopted Resolution No. 98R-195 declaring its intention to extend the Cable Television Franchise 17 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 27, 1998 Agreement with Century Communications Corporation. (At the meeting of October 13, 1998, Item D2, the public hearing was opened, input received, and the public hearing was continued.) To consider the adoption of an ordinance approving a five year franchise agreement with Century Valley Cable Corporation and Century Communications Corporation pursuant to Ordinance No. 4087. ORDINANCE NO. 5654 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM approving a five year franchise agreement with Century Valley Cable Corporation and Century Communications Corporation pursuant to Ordinance No. 4087, as transferred and amended, and setting forth certain other agreements of the parties. (Introduced at the meeting of October 13, 1998, Item D2.) PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News - October 1,1998 MOTION. Mayor Daly moved to continue the subject (continued) Public Hearing to Tuesday, November 17, 1998. Council Member McCracken seconded the motion. MOTION CARRIED. ADJOURNMENT: By general Council consent, the City Council Meeting of October 27, 1998 was adjourned (6:16 P.M.). LEONORA N. SOHL 18