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1997/12/09ANAHEIM, CALIFORNIA- CITY COUNCIL MINUTES DECEMBER 9, 1997 The City Council of the City of Anaheim met in regular session. PRESENT: PRESENT: ABSENT: PRESENT: MAYOR: Tom Daly COUNCIL MEMBERS: Shirley McCracken, Tom Tait, Bob Zemel, Lou Lopez COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY CLERK: Ann M. Sauvageau COMMUNITY SERVICES SUPERINTENDENT: Steve Swaim PUBLIC UTILITIES GENERAL MANAGER: Ed Aghjayan INTERGRATED RESOURCES MANAGER: Lionel Topaz CITY TREASURER: Charlene Jung CIVIL ENGINEER - DEVELOPMENT SERVICES: Natalie Armas SENIOR PLANNER- PLANNING DEPT.: Jonathan Borrego A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:50 p.m. on December 5, 1997 at the City Hall Kiosk, containing all items as shown herein. Mayor Daly called the workshop portion of the meeting of December 9, 1997 to order and welcomed all those in attendance. City Manager Ruth. In the budget, staff submitted to the Council a proposal to develop a Neighborhood Improvement Fund. Five-hundred thousand dollars was set aside which Council approved with the intent that staff would come back with a series of programs and recommendations for the community. A task force was formed that worked with various neighborhood groups and, from that, improvement programs developed for Council consideration. Staff is not asking for any action today. The workshop is to present a progress report in terms of the task force efforts. This whole series of programs is designed to improve the quality of life in the City. Steve Swaim will make the presentation. 150: NEIGHBORHOOD IMPROVEMENT FUND - COMMUNITY SERVICES: Steve Swaim, Community Services Superintendent. He is pleased to be present to discuss the fund that was approved to provide resources necessary for the City to act as a partner in helping neighborhoods help themselves. Supplemented by slides, Mr. Swaim's presentation (under the title, Neighborhood Improvement Fund) covered the organizational structure involved, policy, direction, oversight and implementation. The Neighborhood Improvement Team consisted of the City Manager's Office, Community Development, Community Services, Fire, Planning, Police and Public Works. The funding totals $650,000 -- $500,000 was the original figure and another $150,000 was added to be dedicated to the State College-Lincoln Avenue improvements. With another $74,000 from CDBG funds, the total is $725,000. Mr. Swaim's presentation further covered the priorities involved, briefed the Community Planning Program in the different sections involved and the cost for each (slides were also presented showing the various projects undertaken and the improvements that had been accomplished as a result), things that needed to be improved, the beautification efforts that have taken place in each of the areas, and also work-in-progress -- mainly, replacement of streets, sidewalks, curbs and gutters as well as street lights, street trees, street signs, and cleanup projects. The following shows how the funds were spent: ANAHEIM, CALIFORNIA CITY COUNCIL MINUTES - DECEMBER 9, 1997 Community Planning Program (East Anaheim) - $255,000, Neighborhood Improvement Program (19 Neighborhood Action Plans) - $327,221, Neighborhood Leadership - $25,000, and support for neighborhood events - $5,000 - Total, $612,221 allocated with $112,779 unallocated at this time. At the conclusion Mayor Daly stated the presentation was a helpful summary of what has taken place so far. He hopes they will be able to continue to build the fund in the future and keep tackling improvements that must be made in the City's neighborhoods which, in some cases, are 75 to 90 years old and even the neighborhoods that were built in the "boom" times of the 1950's and 1960's are now 40 plus years old. It is time to start reinvesting in all of the basics to keep neighborhoods attractive. Mr. Swaim then acknowledged representatives who were present in the audience from six or seven of the neighborhoods involved. Mr. Swaim subsequently answered questions posed by Council Members relative to the specifics of the categories involved as well as a breakdown of the dollars involved. He noted that curbs, gutters and sidewalks are a priority for the neighborhoods and also lighting. Mayor Daly. He is hoping as funds are available, they will be able to tackle some of the key pieces of property where there is no apparent market for change, i.e., no private driven demand such as at the corner of East Street and LaPalma where a gas station closed about 15 years ago, the "sinkin" Lincoln property, etc. At some point, City government will have to step up and deal with those situations. They are creating a track record of success in solving many problems with the Neighborhood Improvement Program and perhaps they are ready to take it to the next level and address some of the more expensive problems he mentioned. If there are other sources, those should be considered, but he feels City government will have to take the lead. Council Member McCracken. She commended Mr. Swaim and those involved. The work done in the neighborhoods has really involved the community as was evidenced when she made a drive-through with Mr. Swaim and Community Policing. It is a big step in the right direction to improve the City's neighborhoods thereby creating a positive image in Anaheim. She is hoping that they are able to continue that support so that Anaheim does not deteriorate and continues to be a place where residents can live in a level of comfort and security. Steve Swaim. He appreciates the commendation but noted it is an interdepartmental effort with Police, Code Enforcement, Utilities, Community Services, etc. Council Member Tait. He joined Council Member McCracken in commending the efforts and progress that has been made noting that protecting neighborhoods should be a high priority for the City. Mr. Swaim then explained for Council Member Tait the process that takes place in determining how the money is spent. Mayor Daly. They have accomplished much in a relatively short period of time and he appreciates how far they have come. He hopes that more funds will be available in the future so that they can build the program and keep solving and fine-tuning the problems that exist. City Manager Ruth. He introduced Mr. Ed Aghjayan, Public Utilities General Manager who will give the second workshop presentation today on the Integrated Operating Agreement with Southern California Edison (SCE). ANAHEIM, CALIFORNIA CITY COUNCIL MINUTES - DECEMBER 9, 1997 123: INTEGRATED OPERATING AGREEMENT WITH SOUTHERN CALIFORNIA EDISON: Ed Aghjayan, Public Utilities General Manager. On the Council agenda tonight is a recommendation that the Council approve the Edison-Anaheim 1997 Restructuring Agreement between Southern California Edison and the City of Anaheim (see Item A26. on the Council Agenda). He then gave a background history of the City's long involvement with SCE. (His presentation was supplemented by slides, hard copies of which were submitted to the Council - made a part of the record -- see, Anaheim Public Utilities/Southern California Edison - Proposed Restructuring Agreement - Termination of Integrated Operations Agreement - December 9, 1997) first noting that pre-1977, SCE was Anaheim's sole energy/transmission provider. On February 1, 1997, SCE gave three years' notice to the City to cancel the Integrated Operations Agreement (IOA). His presentation then covered the following which he briefed: What the IOA provides Anaheim, what it provides SCE, why change, (mainly, AB1890 changed industry rules and continuation of the complex Operating Agreement would be difficult, if not impossible, to manage), the scenario that will follow as a result of the cancelled IOA, the details of the IOA Replacement Agreement, comparison of current IOA to the Replacement Agreement, and the bottom line results for Anaheim, i.e., Anaheim sees no increase in transmission related costs for the next four years, is free to sell power in the open market starting 1/1/98, realizes a minimum of $1.25 million in NPV savings over the next five years, is free to purchase IOA-like services in the open market after 12/31/01, and is better positioned for alliance opportunities. At the conclusion of the presentation, questions were posed by Council Members which were answered by both Mr. Aghjayan and Lon Topaz, Integrated Resources Manager. Mayor Daly thanked Mr. Aghjayan and his staff for the concise presentation noting that Council action will be required on the issue later at the 5:00 P.M. portion of the Council Meeting. 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 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. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - Existing Litigation: Name of case: Garabedian dba Western Mobile Telephone v. LASMA Limited Partnership, et al., Orange County Superior Court Case No. 72-11-44. PUBLIC EMPLOYMENT PERFORMANCE EVALUATION: Title(s): City Manager, City Attorney, City Treasurer, and City Clerk. ANAHEIM, CALIFORNIA CITY COUNCIL MINUTES - DECEMBER 9, 1997 RECESS CLOSED SESSION: Mayor Daly moved to recess into Closed Session. Council Member Zemel seconded the motion. MOTION CARRIED. ( 3:50 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. (5:09 p.m.) INVOCATION: Mary Hibbard, Anaheim United Methodist Church, gave the invocation. FLAG SALUTE: Council Member Tom Tait led the assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATION - AWARD FOR BALSAM AVENUE CLEANUP: Mr. Phil lati, President, Balsam Owners Association thanked the owners in the Balsam area as well as City staff for involving themselves and improving the quality of life in the Balsam neighborhood. He noted the various City departments involved especially Code Enforcement (John Poole, Manager), the Police Department (Chief Randall Gaston), and Neighborhood Services (Steve Swaim, Community Services Superintendent). Most especially the owners want to commend Community Policing Officer, John Furbish and Code Enforcement Officer Al Brady. He then presented awards (plaques) to each in recognition of their service, time and effort (much of it volunteer time to improve the neighborhood). It has been a job well done and has made a tremendous difference. Mayor Daly and Council Members commended the men as well. The Mayor also stated that they appreciate the cooperation that the Balsam Street Owners Association have shown in cleaning up the neighorhood as well as the City Departments involved. It is another example of the great things that can happen when everybody works together toward a common goal. (A photograph was then taken which included three of the owners in the Balsam area who had done a particularly outstanding job in the area). 119: PRESENTATION - GRANT FOR THE DOWNTOWN COMMUNITY CENTER: Presentation of a $100,000 grant from the State of California for Anaheim's Downtown Community Center. Mayor Daly welcomed Assemblyman Jim Morrissey to the Council Meeting. Assemblyman Jim Morrissey. It is a pleasure for him to be present and to be able to bring back some money from Sacramento to the City. It is money from the Petroleum Violation Escrow Account. As a 20-year resident of the City, he is especially pleased to bring this forward. There have been many positive changes during that time and certainly the Downtown Community Center will be a facility of which the community can be very proud. The downtown area is becoming a very beautiful place and the Community Center will add to it. On behalf of the California State Legislature, he is pleased to present a check (large facsimile) for $100,000 towards the Community Center. Mayor Daly. The contribution, with the assistance of Assemblyman Morrissey, will help to enhance the Downtown Community Center which is under construction and will open approximately May of 1998. ANAHEIM, CALIFORNIA CITY COUNCIL MINUTES - DECEMBER 9, 1997 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council recognizing the Spark of Love Toy Drive and Metrolink Holiday Train. Sarah Katz, spokesperson for Metrolink, accepted the Declaration. She thanked Anaheim for all the support they have shown to Metrolink. She serves on the OCTA Board of Directors with Mayor Daly. She also thanked him personally for his support. They wanted to bring the Metrolink experience to the community and to bring good will during the holiday season by having the holiday light-decorated train stop at the two stations in Anaheim, present a 15-minute family show and encouraging everyone to come and bring a toy for a child. She then acknowledged the sponsors of the event and their representatives who were also given Declarations presented by the Mayor and Council Members recognizing the Holiday Toy Express Train (Anaheim Canyon Metrolink Station Friday, December 12, 1997, 8:35 - 8:50 P.M. - Anaheim Stadium Metrolink Station Saturday, December 13, 1997, 7:55 - 8:10 P.M.). Disneyland - Bill Ross and Debbie Lowery Savon Drugs - Therese Ball ABC7 - Arnold Kleiner, President and General Manager KFROG95.1 - Robin Diamond Lucky Stores, Inc. - Bonnie Lewis Metrolink - Sarah Katz Dr. Pepper/7UP, Inc. Mayor Daly. He noted that Sarah Katz is the incoming Chair of the OCTA who has also been active on the Board of Directors of the Metrolink operation which is the Southern California Regional Rail Authority. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,805,908.69 for the period ending December 5, 1997, in accordance with the 1997-98 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Housing and Redevelopment meetings (5:10 p.m.) Mayor Daly reconvened the City Council Meeting ( 5:11 p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: Tarek Berri, 16102 Jenner St., Westminster, CA 92683. He is the owner of the abandoned EXXON service station at Brookhurst and Ball. He purchased the site in November, 1996 and is trying to get the place opened (CUP3841). He has submitted plans but feels he has been delayed quite a bit through the City. He explained his experience in the process. In order for him to open the site and put up a nice new building, it will cost him a great deal. Currently, he has a contract pending with Mobil and without their contirbution to rebuild the site, there is no way he can build the project. With the problems he has been having, it does not look promising. He is present to ask for the Council's help. ANAHEIM, CALIFORNIA CITY COUNCIL MINUTES - DECEMBER 9, 1997 Mayor Daly. He suggested that Mr. Berri contact the City Manager's Office and explain the problem that exists. Hopefully, the City Manager will help to ease the coordination of the process. He asked that Mr. Berri leave his name and phone number with the City Manager tonight so that someone can be assigned to look into the situation. They will also ask the City Manager to report back as to the status of the processing of the project. Before concluding, Mr. Berri also relayed another concern and issue with the Fire Department regarding the requirement for two fire hydrants within close proximity of one another. PUBLIC COMMENTS - AGENDA ITEMS: Public input was received on Item A25 (see discussion under that item). MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of December 9, 1997. Council Member Lopez seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A27: On motion by Mayor Daly, seconded by Council Member Lopez, 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 Resolutions Nos. 97R-230 through 97R-235, both inclusive, for adoption. Resolution Book. Al. A2. 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 Jonh Frederick Brauning IV c/o M. Lawrence Lallande, Sr. for bodily injury sustained purportedly due to actions of the City on or about April 29, 1997. b. Claim submitted by Geronimo Gallegos c/o John M. Montevideo, Esq. for bodily injury sustained purportedly due to actions of the City on or about March 10, 1997. c. Claim submitted by Spectrum Real Estate Services for property damage sustained purportedly due to actions of the City on or about August 12, 1997. d. Claim submitted by Carol I. Davis for property damage sustained purportedly due to actions of the City on or about September 20, 1997. e. Claim submitted by Francisco Castillo for property damage sustained purportedly due to actions of the City on or about October 12, 1997. 173: Receiving and filing a Notice of Filing (Docket No. ER98-425-000) before the United States of America Federal Energy Regulatory Commission, filed by Southern California Edison Company, regarding a proposed cancellation of FERC Rate Schedule Nos. 74, 102, 117, 118, 120, 129, 130, 140, 141, 143, 147, 151, 153, 158, 159, 160 161, 162, 166, 181, 185, 188, 240, 259, 346, and 347, and all Supplements thereto, on January 1, 1998, or on the date the ISO assumes operational control of Edison's transmission grid. ANAHEIM, CALIFORNIA CITY COUNCIL MINUTES - DECEMBER 9, 1997 A3. A4. A5. A6. A7. A8. A9. AIO. 105: Receiving and filing minutes of the Community Services Board meeting held October 9, 1997. 105: Receiving and filing minutes of the Senior Citizens Commission meeting held October 9, 1997. 105: Receiving and filing minutes of the Investment Advisory Commission meeting held August 19, 1997. 166: Awarding a contract to the lowest responsible bidder, Tapuz Enterprises, Inc., in the amount of $45,047.64 for Entry Monumentation Sign Wall In Median at Beach Boulevard (South of Ball Road); and in the event said Iow bidder fails to comply with the terms of the award, awarding the contract to the second Iow bidder, as well as waiving any irregularities in the bids of both the Iow and second Iow bidders. 169: Awarding a contract to the lowest responsible bidder, Sequel Contractors, in the amount of $17,499,208.40 for Katella Avenue Improvement and Beautification (Anaheim Boulevard/Haster Street to 675' west of Harbor Boulevard); and in the event said Iow bidder fails to comply with the terms of the award, awarding the contract to the second Iow bidder, as well as waiving any irregularities in the bids of both the Iow and second Iow bidders. 158: Approving the Acquisition Agreement (Escrow Instructions) for real property at 2202 West Midwood Lane (R/W 5220-20) - Katella Avenue Smart Street Improvement Project; authorizing the Mayor and City Clerk to execute said Agreement; and authorizing the acquisition payment of $150,000 to Grover Escrow. 158: Approving the Acquisition Agreement (Escrow Instructions) for real property at 2123 West Katella Avenue (R/W 5220-10) - Katella Avenue Smart Street Improvement Project; authorizing the Mayor and City Clerk to execute said Agreement; and authorizing the acquisition payment of $147,000 to Grover Escrow. 158: Approving the Acquisition Agreement (Escrow Instructions) for real property 1772 South Rainier Court (R/W 5220-16) - Katella Avenue Smart Street Improvement Project; authorizing the Mayor and City Clerk to execute said Agreement; and authorizing the acquisition payment of $141,000 to Grover Escrow. 123: Awarding the contract to Kimley-Horn and Associates, Inc., in an amount not to exceed $79,010 (providing an option to the Director of Public Works to authorize any extra necessary tasks for an additional amount not to exceed 10% [$7,901] of the original fee), for the design of the Closed Circuit Television (CCTV) Traffic Surveillance Cameras on La Palma Avenue, between Brookhurst Street and Imperial Highway. 176: RESOLUTION NO. 97R-230: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS, AND SETTING A DATE AND TIME TO CONSIDER ABANDONING A PORTION OF HAMPSHIRE AVENUE AT WEST STREET, AND WAIVING THE REQUIRED FEES AND COSTS FOR ABANDONMENT NO. 97-9A. (SUGGESTED PUBLIC HEARING DATE: JANUARY 6, 1998, AT 6:00 P.M.) 176: RESOLUTION NO. 97R-176: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS, AND SETTING A DATE AND TIME TO CONSIDER ABANDONING A PORTION OF LEWIS STREET NORTH OF PAClFICO, AND WAIVING THE REQUIRED FEES AND COSTS FOR ABANDONMENT NO. 97-10A. (SUGGESTED PUBLIC HEARING DATE: JANUARY 6, 1998, AT 6:00 P.M.) ANAHEIM, CALIFORNIA CITY COUNCIL MINUTES - DECEMBER 9, 1997 All. 176: RESOLUTION NO. 97R-232: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS, AND SETTING A DATE AND TIME TO CONSIDER ABANDONING A PORTION OF KATELLA AVENUE BETWEEN HASTER STREET AND MANCHESTER AVENUE, AND WAIVING THE REQUIRED FEES AND COSTS FOR ABANDONMENT NO. 97-11A. (SUGGESTED PUBLIC HEARING DATE: JANUARY 6, 1998, AT 6:00 P.M.) A12. 173./123: Accepting $264,937 from the Mobile Source Air Pollution Reduction Review Committee AB2766 Discretionary Fund Program; approving an Agreement with Edison EV for $280,670 to install 23 public access electric vehicle charging stations; and authorizing the City Manager to execute a Memorandum of Understanding between the City of Anaheim and participating agencies. A13. 158: RESOLUTION NO. 97R-233: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING CERTAIN REAL PROPERTIES OR INTERESTS THEREIN TO THE CITY. (R/W 5220-20 AND R/W5220-10.) A14. 113: RESOLUTION NO. 97R-234: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE TRANSFER OF CERTAIN HISTORICAL RECORDS TO THE ANAHEIM ARCHIVES. A15. 117: Approving the 1998 Investment Policy, as submitted by the City Treasurer. Council Member Zemel. He noted in the Investment Policy that repurchase agreements were included. He wanted to know the Commissioners thoughts about this as well as her (Jung's) thinking on repurchase agreements noting that this was the type of investment in the County pool that caused the bankruptcy. Charlene Jung, City Treasurer. This was discussed with the Commission and it was the input of the Commission as well as herslef to keep the reverse repurchase and repurchase agreements in the Investment Policy. There have been legislative changes that now have put a great deal of restriction on the way these investments are done that virtually eliminates any possibility of using it inappropriately the way it was done in Orange County. It still is a good vehicle. She reiterated, the main reason for including it is because of the legislative restrictions. The main legislative changes now require that all reverses be matched and very short term and they put restrictions on who cities can do business with. Depending on where interest rates and the markets go, there may be a benefit in the future. They kept it in place should that opportunity arise to allow them to still earn extra interest, but in a very safe manner. Council Member Zemel. The reporting is quarterly right now. He asked if quarterly was sufficient or if monthly would be better. Charlene Jung. They do provide mothly reports but at a prior request of Council, she provides quarterly detailed reports with all the backup and simpler reports on a non-quarterly basis. The legislature requires quarterly reporting of detail. In non-quarter months, she provides an executive summary. She also explained for Council Member Zemel that it would not be very difficult to provide detailed reports on a monthly basis. It is generated anyway and provided to the internal/external auditors, to the Commission and to the Departments. There was a feeling they were inundating the Council with reports. Council Member Zemel. He asked if she would do that for a few months at least for him and he can let the Treasurer know if it will be necessary to continue or not. Charlene Jung. She will be happy to provide that information to all of the Council Members. Council Member Zemel. He also noted that he and the City Treasurer spoke abut the Investment Commission being able to spend some time with the Council. ANAHEIM, CALIFORNIA CITY COUNCIL MINUTES - DECEMBER 9, 1997 Charlene Jung. What she is looking at doing is scheduling a Commission meeting in February on a Tuesday, a Council Meeting day, at about 2:30 and inviting the Council if they would like to meet the Commissioners to come in and sit in on the meeting for a few minutes. Council Member Zemel. He stated that would be fine and he would like to see that happen. He also has no problem with this item as recommended. A16. 160: Accepting the bid of Southern Counties Oil Company, in an amount not to exceed $1,008,000 for an estimated 270,000 gallons of Diesel #2, and 750,000 gallons of premium unleaded gasoline for a period of one year, beginning in December of 1997 with options to renew for four one-year terms, in accordance with Bid #5730. Council Member Tait abstained on this item. A17. A18. A19. A20. A21. A22. A23. A24. A25. 160: Authorizing the Purchasing Agent to issue a change order to Xerox Corporation to upgrade the two copy machines in Reprographics. 116: Approving the submittal of an application for State Employment Training Panel (ETP) funding, in the amount of $786,450 for a Welfare-to-Work training project, and authorizing the City Manager to execute the application on behalf of the City. 116: Approving the selection of additional JTPA training vendors for fiscal year 1997-98, and authorizing the JTP Manager to execute the necessary subcontract agreements and modifications thereto. 123: Approving an Agreement with Dow Plumbing Company to provide various plumbing services on a non-exclusive basis to persons at the Convention Center who require such services in connection with events for the period of July 1, 1997, through June 30, 1998; and Dow Plumbing agrees to pay the City 10% of gross revenues earned at the Convention Center. 123: Approving an Agreement with the Anaheim/Orange County Visitor & Convention Bureau for the appropriation of funds in order to promote the growth and enhancement of the City of Anaheim, and encourage visitors and tourists through the holding of conventions, conferences and trade shows in Anaheim. 123: Authorizing the Chief of Police to execute a participation agreement and a hold harmless agreement between the State of California and the Department of Corrections allowing the Department's participation in the California Department of Corrections, Parole Law Enforcement Automated Data System. 123: Approving the Department of Transportation Agreement No. 12368 for Segment A3 Water Facilities, to relocate, reconstruct and/or abandon facilities for the I-5 Freeway Widening Project. 123: Approving an Agreement between TCG Los Angeles and the City of Anaheim to lease pole space on City owned (D-AIl) poles; and authorizing the Public Utilities General Manager, on behalf of the City, to execute said Agreement and related documents. 175: RESOLUTION NO. 97R-235: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF ELECTRICITY AS ADOPTED BY RESOLUTION NO. 71R-478 AND MOST RECENTLY AMENDED BY RESOLUTION NO. 97R-97. (ENACTING THE STATE MANDATED NONBYPASSABLE, USAGE-BASED CHARGE BY ESTABLISHING RULE 25 OF THE ELECTRIC RATES, RULES, AND REGULATIONS ENACTING A CA PUBLIC BENEFIT FEE, TO BE EFFECTIVE JANUARY 1, 1998.) ANAHEIM, CALIFORNIA CITY COUNCIL MINUTES - DECEMBER 9, 1997 Establishing the Public Utilities Public Benefit Program; and authorizing the Public Utilities General Manager to implement the Public Benefit Program, administer the Public Benefit Program as necessary to comply with statutory requirements, and authorizing and directing the Public Utilities General Manager to prepare, promulgate, publish and take any and all actions necessary to implement Rule 25 as set forth herein (as recommended by the Public Utilities Board at their meeting held October 16, 1997). Submitted was report dated December 9, 1997 from the Public Utilities General Manager relative to the State mandated AB1890 Public Benefit Fee and Program recommending the following: (1) Enact the State mandated nonbypassable, usage-based charge by establishing Rule 25 of the Electric Rates, Rules and Regulations enacting a CA Public Benefit Fee to be effective January 1, 1998. (2) Establish the Public Utilities Public Benefit Program (recommended programs attached to the report). (3) Authorize the Public Utilities General Manager to implement the Public Benefit Program, administer the Public Benefit Program as necessary to comply with statutory requirements, and authorize and direct the Public Utilities General Manager to prepare, promulgate, publish and take any and all actions necessary to implement Rule 25 as set forth. The following people spoke to this item (under Public Comments on Agenda Items) and their comments summarized: Mary L. Hibbard, Chairperson of the Anaheim Human Services Network and member of the Community Services Board (CSB). She is speaking on behalf of the AB1890 Public Benefit Program. She understands that this is a State law which mandates the Utilities to establish a charge-and-spend program on public benefit programs. Since it is State law, she commends the Utilities for their approach to involve the community in the program-selecting process. These are local programs that will stimulate the City's economy. She then elaborated on the projects that are of particular interest to her as Chair of the Network and member of the Community Services Board. The Network appreciates being consulted as to the immediate needs of the citizens and persons whom they serve. The dialogue with the Utilities was very helpful to both the Network and the Utilities. Katherine Kifaya, Director of Human Services/Weatherization, Orange County Community Development Council, Inc. (11 years). Along with Mary Hibbard and several other members of the community, that also participated with the CSB in assisting City staff with some of the implementation and design factors of the Public Benefit Programs. During the past 11 years, she has seen models developed back East and imposed on them to put in place in Orange County which do not have the impact that local determination and local control could have. She urged their support of the Public Benefit Programs as designed to best meet the needs of the local community vs. waiting for the State to come up with a "one- size-fits-all" model that will not be the best model suited for the local community. On behalf of the OCCDC, they have serviced over 2,100 of the City's clients (residents) this year. She is urging from a place of experience that they design their own programs to best meet the needs of the local community. Jeff Kirsch, 2661 W. Palais, Anaheim. He is concerned about the proposed program in a number of respects. He then elaborated on his concerns, the first being he feels it is another assault on the wallets of citizens which they will not fully realize until sometime into the new year. If the fee is going to be imposed for public benefit, perhaps they should get more public input. The public oversight committee members were essentially members of City staff. He urged that they rethink the matter especially since they do not have to spend the money until July or possibly look at whether they have to collect the full amount of the money. A lot of the programs should perhaps be funded out of other budgets such as the General Fund or Enterprise Funds. If they are going to rearrange money, they should give ratepayers back the right-of-way fee rather than reaching further into their wallets. Marjorie Rothrock, Assistance League of Anaheim. The League was also a member of the task force. The Assistance League has been involved in philanthropy in the City for 40 years. They are especially interested in children but also the elderly. If a big charge was involved, she could understand, but $2.85 on a $100 electric bill does not seem to be a lot of money to ask citizens to help other citizens not able to help themselves such as many seniors who are on fixed incomes. She is pleased to support the programs proposed and hopes that the Council will as well. 10 ANAHEIM, CALIFORNIA CITY COUNCIL MINUTES - DECEMBER 9, 1997 Sally White. She is present on behalf of Releaf Anaheim. They operate primarily on grants. She explained the work of the organization noting that they have received 900 trees through a grant and need help getting them into the ground. They have received over 3,000 requests for trees and although they can get the trees, they do not have anybody to coordinate the program. They need help and the only way they can do it is to try to get a little bit of the money that is going to be available. She asked that they consider Releaf Anaheim as being eligible and give them their fair share when distributing the money. Phil Knypstra, 2520 Gelid Avenue, Anaheim. He feels the appropriate wording in this case is public benefit tax. It is a tax on all of the electrical ratepayers in the City that will be taken away from them and given to the people on the "laundry list" of projects that have been presented. Once they make $7 million available and say it is up for grabs, people are going to be grabbing. It is clear that the Legislature is saying they do have to raise a certain amount of revenue. His issue is, how much do they have to raise. The 2.85% is really $30 million over a four-year period and if the Public Utilities Commission decides they want to continue it, which the Council should go on record as opposing, can do so beyond the four years. Another issue is in calculating the rate. Staff has calculated it different from the way he calculates it. The law is not clear on what amount of revenue is subject to taxation -- gross revenues or operating revenues. He then explained what he determined in his calculation refuting the way Anaheim calculated it which comes out to 2.8% and not 2.85%. He agrees it appears they are obligated to collect the tax but there does not seem to be any sanction if it is not collected. It makes a big difference what the Council thinks and it is important that they try to minimize the impact on Anaheim taxpayers. He feels they need more information to make an informed decision. They cannot take the slanted view of the California Municipal Utilities Association. Mr. Kirsch also brought up another point -- once they determine what the total tax is going to be, they also have a right to ask for credit. He urged the Council to give the matter more consideration. Rose Jurado, Member of the Senior Citizens Commission. The Commission is in full support of the proposal and recommends that the Council approve the Elderly Discount Rate Assistance Plan for Iow- income seniors which will be a 10% reduction to their utility bill. It would be of benefit to those seniors who have no other income but Social Secuirty. If there is other money available, she would like to see it given to senior programs. Frank Power, Executive Vice President and General Manager of Sonfarrel, Inc., 3010 LaJolla Street, Anaheim. He does not live in the City but has been running the corporation for 18 years in Anaheim. He has had experience with the City's Fire, Police and Public Utilities Departments directly and they do a superb job. He represents no special interests, but is present as a business leader interested in what is going on in the City. This is a good program. They send slightly over $10,000 a month to the Utilities Department and process $4.8 million through the City in a variety of forms. They employ 136 people and 87 are taxpayers and residents. He canvassed them about the program and to a man and woman, they support it and he urged the Council to do the same. He understands it is State law. They are in favor as a coporation and as individuals. He urged Council support. He commends the Utilities Department for bringing the proposals forward. Paul Mercier, Superintendent, Magnolia School District. The District was contacted in May regarding their interest in the proposal. Their recommendations have been incorporated in the proposal before the Council tonight. He would further like to commend both Council and staff for the manner in which they asked for community input and the way they continue to offer meaningful, important services to the community. The proposal is not only practical, but very helpful to the community and visionary in its applications. On behalf of the Magnolia School District Board and the community, they praise their best efforts and future efforts and support the proposal and what it will accomplish for the City. Mayor Daly asked to hear from the City Manager and/or staff relative to the issue. City Manager Ruth deferred to Ed Aghjayan, Public Utilities General Manager. 11 ANAHEIM, CALIFORNIA CITY COUNCIL MINUTES - DECEMBER 9, 1997 Ed Aghjayan, Public Utilities General Manager. First of all, when the law passed, there was never any question they were going to be required to charge a fee for the programs. The question was whether they were going to have any control over how the money would get spent. They had a unique opportunity in the final days of the negotiation of the bill to take that particular piece of legislation and put through a "home rule" choice opportunity for municipalities. He then answered in detail a number of the concerns/issues expressed by Mr. Kirsch and Knypstra as well as answering additional questions posed by the Mayor and Council Members. He emphasized that the municipalities had a window of opportunity with respect to the ability to have control over where they would like the money to be spent and worked carefully with the community to develop the Public Utilities Public Benefit Programs -- programs that cannot just be social programs to address social issues but ones that must be energy related. All of the programs meet the guidelines of AB1890. Upon questioning by Council Member Tait, he also gave the specifics of how they arrived at the 2.85%, a figure which he confirmed was one agreed upon State wide. Council Member Zemel asked when the law went into effect (AB1890); City Attorney White. it was adopted in September, 1996 and became effective January 1, 1997 but the provisions deferred so that the charge has to be collected beginning January 1, 1995. Council Member Zemel asked what efforts were put forth to try to defeat the law; Ed Agjhayan. This is part of the AB1890 law. There was no attempt to defeat it but efforts made in channelling the law so they could live with it. This was one piece of the law, the AB1890 programs, but a far more important piece was the development of the transmission grid and the power exchange grid. The 2.$5% was a "done deal" as far as the Legislature was concerned. In their opinion, it was simply a question of trying to get the Legislature to apply it in a way that municipalities could use the funds effectively. He confirmed that no lobbying effort was spent to try to kill the public benefit portion. He did not agree with parts of that particular provision but the other parts dealing with energy efficiency he feels are important to keep going. The key issue is to make sure everybody stays at the same level. It was not something they had very much control over. He also confirmed that personally, he feels this portion is a good thing. Kristine Thalman, Intergovernmental Relations Manager. Staff spent several weeks in Sacramento working with CMUA trying to come up with some compromise legislation. Basically, the municipal utilities were not even considered in the picture in the legislation in the beginning. Thanks to the efforts of Assemblyman Conroy, they did at least have a voice in the legislation. Council Member Zemel. He asked if there was any opportunity to now start lobbying to undo this portion of the bill; Kristine Thalman. Staff can look into it but she feels it is pretty well set. Ed Aghjayan. He does not believe there is any chance of being able to turn it around. More likely what would happen, the Legislature would say, they would have to take control of that particular program. This is a unique opportunity to have home rule and selection about what community needs are. He feels there is going to be an attept to try to bring the money to Sacramento perhaps in the next legislative session. If the Council wishes to take a policy position when that happens to try to kill the law, staff will do so as directed although he does not think that is possible. The biggest fight will be to try to keep the unique opportunity to make their own home rule, community level types of decisions on these projects. Ed Aghjayan. The particular section of the law that deals with municipals starts off by saying they have to charge the fee; City Attorney White. It is Section 355. The charge is contained on one-half page of a 42-page bill, "Each local publicly owned electric utility shall establish a nonbypassable, usage based charge on local distribution service of not less than the lowest expenditure level of the three largest electrical corporations in California on a percent of revenue basis." It is clear it is meant to be a separate line-item charge. The legislation does not control what they get to as the bottom line bill to the customer but says that it has to be set forth as a separate charge on the bill. After additional discussion and questioning of the City Attorney, Council Member Zemel surmised that they do not have to pass the fee on but have to show it as a fee; City Attorney White answered that was correct. 12 ANAHEIM, CALIFORNIA CITY COUNCIL MINUTES - DECEMBER 9, 1997 Council Member Zemel. He asked if there was anything they could do or cuts that could be made to try to balance the budget if they do not pass the fee on or something in between. Ed Aghjayan. It would throw the Utilities into financial chaos. They are trying to wean themselves away from the Rate Stabilization Fund which already contributes close to $15 million a year. (The Rate Stabilization Fund was established with refunds of a total of $173 million which had to be made to Anaheim by Southern California Edison as a result of overcharges by SCE to the City over a 20-year period.) There is $25 million left in the fund with two years left on that. It would not be possible in his estimation. He also confirmed that the matter was not brought to the Budget Advisory Commission but was considered by the Public Utilities Board and they recommended approval of the Public Benefit Programs -- the program being recommended to the Council tonight. Council Member Tait. He has a problem with the rate increase. They have commissioned a study to become more competitive and at the same time raising rates on the eve of deregulation. The way to become more competitive is not raise rates, but to decrease them. He worries that the worst thing is to have a rate increase. They do not have to do it now but in six months. There is an RFP (Request for Proposal) out for possible sale, lease, or partnership with the City's Utility. It does not seem like now is the time to even think about a rate increase. He cannot support this. Council Member Zemel. He asked if they are still moving 4% a year over from Public Utilities into the General Fund; City Manager Ruth answered, yes as provided in the Charter. Mayor Daly. In terms of the State requirement, there was mention made of the flexibility of the start date. He asked the required start date -- is it January 1 or not. Ed Aghjayan. That is their interpretation of when the Utilities are putting this into effect, January 1, 1998. The State law that the City Attorney read does not specify a specific month and day. It says, in 1998. Going back to the bill and looking at what the Investor Owned Utilities (IOU) are required to do, they are required to establish it January 1 and that is the reason for the interpretation. As long as all of the money collected is put into a separate fund and then spent for the (public benefit) programs, they are proposing to start on July 1, 1998 in terms of the program implementation because they cannot get programs ready before then. Everyone that he knows of is starting January 1. There could be somebody out there that makes a different interpretation. If they are three months off, he does not know what would happen but looking at the section on IOU's, it talks about January 1. What the Legislature said, everybody had to be around 3% and as long as everybody is there and that the positive programs take place, no one will have a competitive advantage. Council Member McCracken. It has been suggested that they absorb the $7 million a year. If so, how would the utilities buy down their stranded costs to make themselves fiscally attractive to any kind of partnership. Mr. Aghjayan answered that he does not see how they could do so. Council Member McCracken. She asked Mr. Aghjayan to verify the 10% rate reduction that the other utilities are offering as of January 1 to be funded by seven-year bonds which they have to repay. She believes those ratepayers do not realize they will get a rate reduction for only two or three years and then will have to pay it back. Ed Aghjayan. Relative to the IOU's, the 10% decrease on January 1 will be funded by a $7 billion bond issue which will finance the 10% reduction starting January 1. Anaheim could do that also but would only have to pay it back with interest and it has a negative effect. They are not subject to repayment provisions of that bond. Anaheim residents do not have to pay the $7 billion back not being involved in the bond issue, but the I©U's will have to do so. At the conclusion of the Consent Calendar Council Members Tait and Zemel voted NO on this Item. 13 ANAHEIM, CALIFORNIA CITY COUNCIL MINUTES - DECEMBER 9, 1997 A26. A27. 123: Approving the Edison-Anaheim 1997 Restructuring Agreement between Southern California Edison Company and the City of Anaheim; and authorizing the Public Utilities General Manager, on behalf of the City to execute the Restructuring Agreement, with any revisions that are in substantial conformance with the proposed agreements, and any other related documents required to implement and administer the Restructuring Agreement. 123: Approving a First Amendment to Agreement with R.W. Beck, in an amount not to exceed $160,000 for additional consulting services to assist the City in Phase Two of the Strategic Options Study which includes the preparation, evaluation, and negotiation regarding the Request for Proposals for strategic options and alliances; approving a First Amendment to Agreement with EES Consulting Services, Inc., to provide additional consulting services related to positioning the electric system for a competitive environment for a not to exceed cost of $85,000; approving an Agreement with David M. Griffith & Associates, Ltd., in an amount not to exceed $48,800 for consulting services to assist the City in undertaking a management audit of the Public Utilities Customer Services Division; and authorizing the Public Utilities General Manager, on behalf of the City, to execute said Amendments and Agreements, and any other related documents necessary to complete Phase Two of the Strategic Options Study. Roll Call Vote on Resolution Nos. 97R-230 throuqh 97R-235, both inclusive, for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 97R-230 through 97R-235, both inclusive, duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. Council Members Tait and Zemel voted NO on Item A25. ITEMS B1 - B2 FROM THE ZONING ADMINISTRATOR MEETING OF NOVEMBER 20, 1997 DECISION DATE: NOVEMBER 26, 1997 INFORMATION ONLY- APPEAL PERIOD ENDS DECEMBER 11, 1997: B1. 179: VARIANCE NO. 4321, CATEGORICALLY EXEMPT, CLASS 5: OWNER: MICHAEL HITTNER, 1020 Burlwood Drive, Anaheim, CA 92807 AGENT: ACTEC ENGINEERING, Attn: C.M. Thomson, 1660 N. Main Street, Orange, CA 92867 LOCATION: 341 South Rams.qate Drive. Property is 0.3 acre having a frontage of 108 feet on the west side of Ramsgate Drive, having a maximum depth of 270 feet being located 370 feet south of the centerline of Whitestone Drive. Waiver of minimum structural set back to construct a 2-story, 5,970 square foot single-family residence. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4321 APPROVED, IN PART (ZA DECISION NO. 97-25). 14 ANAHEIM, CALIFORNIA CITY COUNCIL MINUTES - DECEMBER 9, 1997 B2. 179: VARIANCE NO. 4324, CATEGORICALLY EXEMPT, CLASS 5: OWNER: DARIO CAMARENA, 734 West Eighth Street, Corona, CA 91720 AGENT: R. C. COLIN CO., 3810 East Palm Avenue, Orange, CA 92869 LOCATION: 865 South Philadelphia Street. Property is a rectangularly-shaped parcel, consisting of 0.15 acre, having a frontage of 44 feet on the west side of Philadelphia Street, having a maximum depth of 152 feet, being located 171 feet south of the centerline of Valencia Avenue. WaJver of mJnJmum sJde yard setback to permJt an exJstJng 131 square foot room addJtJon. ACTION TAKEN BY THE ZONING ADMINISTRATOR: VarJance No. 4324 APPROVED (ZA DECISION NO. 97-26). END OF THE ZONING ADMINISTRATOR ITEMS. B3: 179: ORDINANCE NO. 5626: (ADOPTION) Amending certain provisions of Chapter 18.05 of Title 18 of the Anaheim Municipal Code pertaining to marquee and electronic readerboard signing and sight distance requirements for freestanding signs. (Introduced at the meeting of December 2, 1997, Item B10.) Jonathan Borrego, Senior Planner, summarized for Mayor Daly the provisions of the proposed ordinance and what it would accomplish. Mayor Daly offered Ordinance No. 5626 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5626: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CERTAIN PROVISIONS OF CHAPTER 18.05 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO MARQUEE AND ELECTRONIC READERBOARD SIGNING AND SIGHT DISTANCE REQUIREMENTS FOR FREESTANDING SIGNS. Roll Call Vote on Ordinance No. 5626 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. 5626 duly passed and adopted. D1. 176: PUBLIC HEARING -ABANDONMENT NO. 8A: In accordance with application filed by Kaufman and Broad, 180 North Riverside Drive, Suite 300, Anaheim, Ca. 92808, a public hearing was held on proposed abandonment of a certain easement for abandoning a portion of that certain public alley located North of Cypress Street and extending easterly approximately fifty-six feet from Pauline Street pursuant to Resolution No. 97R-189 duly published in the North Orange County News and notices thereof posted in accordance with law. Report of the City Engineer dated November 3, 1997 was submitted recommending approval of said abandonment. 15 ANAHEIM, CALIFORNIA CITY COUNCIL MINUTES - DECEMBER 9, 1997 Natalie Armas, Civil Engineer, was present to answer any questions that might arise. Mayor Daly opened the Public Hearing and asked to hear from anyone who wished to speak; there being no response, he closed the Public Hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Mayor Daly, seconded by Council Member Zemel the City Council finds that the proposed activity falls within the definition of Section 3.01 Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from requirements to file an EIR. MOTION CARRIED. Mayor Daly offered Resolution No. 97R-236 for adoption. Refer to Resolution Book. RESOLUTION NO. 97R-236: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING THAT UNNAMED PUBLIC ALLEY EXTENDING EASTERLY FROM PAULINE STREET NORTH OF CYPRESS STREET (ABANDONMENT NO. 97-8A ). Roll Call Vote on Resolution No. 97R-236 for adoption: AYES: MAYOR/COUNCIL MEMBER: McCracken, Tait, Zemel, Lopez, Daly NOES: MAYOR/COUNCIL MEMBER: None ABSENT: MAYOR/COUNCIL MEMBER: None The Mayor declared Resolution No. 97R-236 duly passed and adopted. D2. 179: CONTINUED PUBLIC HEARING - VARIANCE NO. 4307 CATEGORICALLY EXEMPT, CLASS 11: OWNER: WATT COMMERCIAL COMPANIES, INC., 2716 Ocean Park Boulevard, Suite 3040, Santa Monica, CA 90405-5218 AGENT: SIGN METHODS, 1749 East 28th Street, Signal Hill, CA 90806 LOCATION: 5711-5799 East La Palma Avenue - Canyon Village Plaza. Property is 9.91 acres located north and east of the northeast corner of La Palma Avenue and Imperial Highway. Waiver of permitted freestanding signs and permitted type of sign (deleted) to construct two (2) freestanding pole signs. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4307 DENIED (PC97-117) (5 yes votes, 1 no vote, and 1 abstained). HEARING SET ON: A letter of appeal of the Planning Commission decision was submitted by the Agent, Sign Methodist 1749 E. 28th Street, Signal Hill, Ca. 90806. Informational Item at the meeting of Sept. 9, 1997, Item B4. Public hearing continued from the meetings of September 23, 1997, October 21, 1997, and November 18, 1997, at the request of the Agent. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News - September 11, 1997. Mailing to property owners within 300 feet - September 12, 1997. Posting of property - September 12, 1997. 16 ANAHEIM, CALIFORNIA CITY COUNCIL MINUTES - DECEMBER 9, 1997 STAFF INPUT: See staff report to the Planning Commission dated August 18, 1997. City Clerk Sohl. There has been a request for another continuance of this item by Dan Cardone of Sign Methods. In addition to the request for a continuance to January 6, an even more recent letter was received in the Planning Department by Mr. Cardone requesting, in lieu of January 6, that it be continued to February 3, 1998. Mayor Daly. This matter has been continued at least one time already. He asked staff if any progress has been made. Greg Hastings, Zoning Division Manager. His understanding is the applicant is working with a sign company and they are still trying to find the "perfect" sign plan to bring back. At this point, staff has offered to work with them further in their different generations of the sign(s) and are currently still working on that. Mayor Daly. He asked the Council if they wished to continue the matter one more time or ask the applicant to refile. Council Member Tait. If they are working with staff on something that makes sense, he feels they should accommodate the request. He also notes that no one is present in opposition. Council Member Tait moved to continued to February 3, 1998. Council Member Zemel seconded the Motion. MOTION CARRIED. C1. REPORT ON CLOSED SESSION ACTIONS: City Attorney Jack White stated that there are no actions to report. C2. COUNCIL COMMENTS: Council Member McCracken. The Anaheim Ballet performed the Nutcracker last weekend at the Freedman Forum (Celebrity Theater). One of the patrons said in his lifetime he has probably seen 30 performances of the Nutcracker and this ranked at the top. It is fortunate to have the Anaheim Ballet call Anaheim home. Mayor Daly. He heard positive comments as well. He hopes in 1998 the Ballet will be able to find a building they can use on a permanent basis. It is nice that the Freedman Forum was made available for their first performance in Anaheim. 17 ANAHEIM, CALIFORNIA CITY COUNCIL MINUTES - DECEMBER 9, 1997 Mayor Daly. He is going to ask the Council when they adjourn the meeting to adjourn in memory of a well-known and loved Anaheim resident, C.D. "Doug" Leavenworth who passed away last night. Doug was a 40-year resident of the City and is survived by his wife, Jane. Doug Leavenworth, among many other highlights of his life, was a member of the Orange County Planning Commission, City of Anaheim Budget Advisory Commission member, recent past President of the Anaheim Museum, an officer for many years and long-time member of the Kiwanis Club of Greater Anaheim. He was also a decorated Veteran of World War II where he was one of those Americans who served with the British Air Force and helped to defend Great Britain as part of the American fighting forces against the Nazi invasion. He was a wonderful human being and will be missed. ADJOURNMENT: By general Council consent, the City Council Meeting of December 9, 1997 was adjourned in memory of C.D. "Doug" Leavenworth. (6:48 P.M.) LEONORA N. SOHL CITY CLERK 18