1996/07/09CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES
JULY 9, 1996
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Tom Tait, Bob Zemel, Frank Feldhaus, Lou Lopez, Tom Daly
COUNCIL MEMBERS: None
ASSISTANT CITY MANAGER: Dave Morgan
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
PUBLIC WORKS DIRECTOR/CITY ENGINEER: Gary Johnson
DEPUTY CITY ENGINEER: Russell Maguire
FINANCE DIRECTOR: Bill Sweeney
PLANNING DIRECTOR: Joel Fick
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 12:33 p.m. on
July 5, 1996 at the Civic Center Kiosk, containing all items as shown herein.
Mayor Daly called the meeting to order at 3:00 p.m.
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:
Them 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., vs. City of Anaheim, et al,, and 17 related cases, Orange
County Supedor Court Case No. 71-80-71.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (a) - EXISTING LITIGATION
Name of case: Nolan vs. City of Anaheim, Orange County Supedor Court Case No. 74-72-63.
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES JULY 9, 1996
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (a)- EXISTING LITIGATION
Name of case: City of Anaheim vs. Sony Corporation, Orange County Superior Court Case No.
74-40-99.
CONFERENCE WITH LABOR NEGOTIATOR
Agency negotiator: Dave Hill
Employee organization: Anaheim Fire Association, Anaheim Municipal Employees Association,
and unrepresented Management.
CLAIMS:
Names of claimants: Thomas Tamaguchi; Daniel and Tammi Cwieka
Agency claimed against: City of Anaheim
By general consent, the Council recessed into Closed Session. (3:05 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. ( 5:38 p.m.)
INVOCATION:
Reverend Mary L. Hibbard, Anaheim United Methodist Church, gave the invocation.
FLAG SALUTE:
Mayor Pro Tern Lou Lopez led the assembly in the Pledge of Allegiance to the Flag.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by
the City Council recognizing the Orange County Conservation Corps on their Third Anniversary.
Mr. Paul Bostwick, outgoing Chairman of the Board, gave a history of the Corps and the Corp's
accomplishments in its three-year existence. He thanked the many people involved but especially the
City of Anaheim since the City was instrumental in getting the Corps started, noting that City Manager
Ruth was a key principal at the outset. Two members of the Corp (Juanita Sanders and Mike) were also
present and commented on how much the Corps meant to them and what it had done to bdng about very
positive changes in their lives. Carol Cooley, Executive Director of the Corps was also present.
Mayor Daly and Council Members presented the Declaration on behalf of the City and commended Mr.
Bostwick and Ms. Cooley as well as the members of the Corps for the outstanding work done thus far.
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CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JULY 1996
PASSING OF E[.IZABETH J, SCHULTZ: Mayor Daly noted with sadness the passing of Elizabeth J.
Schultz yesterday (July 8, 1996). Mrs. Schultz, an almost life-time citizen of the Anaheim community,
was known as a problem solving person for many good causes including the Friends of the Library. She
was the driving force for the establishment of a history room at the Anaheim Main Library (named the
Elizabeth J. Schultz History Room some years ago) considered by scholars to be one of the best in
America. She was a very dedicated citizen of Anaheim known for her high standards of involvement in
civic affairs. She left a legacy with the History Room as well as other fine projects. For years, she was
Chairman of the Anaheim Library Board and an effective lobbyist and advocate for quality library
programs. She will be missed. Services will be held on Thursday, July 11, 1996 at Hilgenfeld Mortuary.
RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT
ANOTHER TIME:
1. PROCLAMATION: Proclaiming July 7 - 14, 1996 the 173rd Airborne Brigade Week.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,279,252.73 for the period ending July
1, 1996 and $5,788,224.46 for the period ending July 8, 1996, in accordance with the 1996-97 Budget,
were approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing
Authority meetings. (5:50 p.m.)
Mayor Daly raconvened the City Council meeting (6:18 p.m.)
ADDITIONS TO THE AGENDA: There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST: No items of public interest were addressed.
PUBLIC COMMENTS - AGENDA ITEMS:
Public input was received on Items A6 and A25 (see discussion under those items).
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for
the Council meeting of July 9, 1996. Council Member Zemel seconded the motion. MOTION
CARRIED.
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CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES JULY 9, 1996
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Mayor Daly, seconded by
Council Member Zemel, the following items were approved in accordance with the reports, certifications
and recommendations fumished each Council Member and as listed on the Consent Calendar; Mayor
Daly offered Resolution Nos. 96R-122 through 96R-124, both inclusive, for adoption. Mayor Daly offered
Ordinance No. 5568 & 5569 for adoption. Refer to Resolution/Ordinance Book.
Al. 118: Rejecting and denying certain claims files against the City. Referred to Risk Management.
The following claims were filed against the City and actions taken as recommended:
Claim submitted by Tamara Khashen for property damages sustained purportedly due to
actions of the City on or about May 2, 1996.
Claim submitted by California Indemnity Insurance Company c/o Robert M. Tucker, Esq.
(Heier Enterprises, Insured, Darren Swift, Employee ) for bodily injury sustained
purportedly due to actions of the City on or about January 11, 1996.
Claim submitted by Clayton Holt c/o Barry I. Goldman, Esq. for bodily injury sustained
purportedly due to actions of the City on or about December 1, 1995.
Claim submitted by Thomas I. Yamaguchi cJo Paul R. Gibson, Esq. for bodily injury
sustained purportedly due to actions of the City on or about December 18, 1995.
Claim submitted by Darren Swift c/o Louis H. Berger, Esq. for bodily injury sustained
purportedly due to actions of the City on or about January 11, 1996.
Claim submitted by Alex Made Kincaid c/o Marc Aaron Goldbach, Esq. for injury
sustained purportedly due to actions of the City on or about April 21, 1996.
Claim submitted by Southem California Edison Company (file No. 9601300) for property
damage sustained purportedly due to actions of the City on or about January 16, 1996.
Claim submitted by Lou Molina for property damage sustained purportedly due to actions
of the City on or about Apdl 24, 1996.
Claim submitted by Daniel Cwieka and Tammi Cwieka cJo Frank P. Barbaro, Esq.for
bodily injury sustained purportedly due to actions of the City on or about September 12,
1995.
Claim submitted by Mike Garcia for property damage sustained purportedly due to
actions of the City on or about May 11, 1996.
Claim submitted by Michael A. Orlando for property damage sustained purportedly due
to actions of the City on or about May 11, 1996.
Claim submitted by Amita Prakash Achrekar by and through her mother and Guardian
Ad Litem, Asha Achrekar c/o Robinson, Phillips & Calcagnie for bodily injury sustained
purportedly due to actions of the City on or about October 25, 1995.
Council Member Lopez. He received a phone call from an Anaheim resident who received a verbal
rejection on a claim filed against the City for $3,500. He asked if the Council rejects the claims against
the City presented at this meeting, will the claimant still have the ability to talk to someone from the City
about the claim.
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CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JULY 1996
City Attorney White. The claimant probably got an indication staff would be recommending rejection
because the Council has to take an action. If the Council does reject the claim this evening, wdtten
notice will go out and it is always staff's policy to work with a potential claimant to discuss their concerns
about the claims and attempt to resolve those and, in appropriate cases, negotiate a settlement. It does
not in any way indicate staff would not continue to discuss the claim.
173: Receiving and filing a Notice of Proposed Rate Increase filed with the California Public
Utilities Commission by Southern California Gas Company (Application No. 96-06-029) to
provide a report on gas supply and storage operations for the 12 months ending March 31, 1996.
173: Receiving and filing before the Public Utilities Commission of the State of California the
Application of Orefo Nnamdi Onochi and Isabella Uzoma Onochi, in partnership, dba Onochi
Shuffle, for authority to operate a Passenger Stage Corporation between points within the
counties of Los Angeles and Orange, to Los Angeles International Airport, John Wayne Airport &
Long Beach Airport.
128: Receiving and filing the Monthly Financial Analysis presented by the Finance Director for
eleven months ended May 31, 1996.
105: Receiving and filing minutes of the Golf Advisory Commission meeting held May 23, 1996.
105: Receiving and filing minutes of the Anaheim Private Industry Council meeting held May 23,
1996.
Council Member Feldhaus. He asked why the Police Personnel Services is over budget by $1.5 million.
Bill Sweeney, Finance Director. It is not unusual to see an over-expended account in labor and under-
expended in other operating. The report is for the 11 months ended May 31, 1996. He believes there
will be some adjustments and he explained why. He does not believe the 12th month will go higher than
$1.5 million. A complete report will be submitted year end as well.
Mayor Daly. The financial report under discussion is also filled with positive news. City staff has done a
fine job of keeping costs under control while revenues are picking up. It is mostly a very 'good news"
report.
Mr. Sweeney noted that things are looking up and they are seeing a strengthening in key sources of
revenue.
A3.
123: Approving a First Amendment to Agreement with P & D Consultants, in an amount not to
exceed $70,335 for the Harbor Boulevard Improvement and Beautification Project from Katella
Avenue to Orangewood Avenue.
Council Member Tait declared a conflict and abstained on this item.
A4.
A5.
123: Approving a First Amendment to Agreement with Kleinfelder, Inc,, to extend the
Agreement for three additional one-year periods, and allowing for yearly renewal of the
Agreement by the Director of Public Works/City Engineer.
123: Approving Amendment No. 4 to Cooperative Agreement No. C-93-625 between the City
and Orange County Transportation Authority for landscape and aesthetic design services of the
Harbor Boulevard/Lemon Street/SR-91 Freeway interchange Improvement Project; and
authorizing the Mayor and City Clerk to execute said Agreement on behalf of the City.
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES JULY 9, 1996
A6.
173: RESOLUTION NO. 96R-122: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ENDORSING AND INITIATING AN EV-READY COMMUNITY MARKET LAUNCH
PROGRAM (ELECTRIC VEHICLE QUICK CHARGE PROGRAM).
Jeff Kirsch, 2661 W. Palais, Anaheim. He asked if anything had been done in preparation for spending
this money. He knows part is grant money but all money ultimately comes from rate payers or
taxpayers. The Air Quality Management Distdct (AQMD) has dropped its mandate for electdc vehicles.
He asked if there were any statistics available on the use of electric vehicles. If there is no significant
market, he questioned if this is going to be a prudent expense.
Raymond Gorsky, 2871 Jet Road, Escondido, California. Regarding the electdc vehicle program, he is
working in the capacity of a consultant to an organization called the Mobile Source Air Pollution
Reduction Review Committee. They are the sponsors of a program which they are asking the City to join
them in this evening. Relative to the availability of technology of electdc vehicles and whether or not
there would be vehicles available for the public consumer to pumhase, the rolling back of the mandate
from the Air Resources Board in no way detracts from the attractiveness or viability of such vehicles as a
future transportation mode for the residents of Anaheim and communities within Orange County. As a
result of the relaxation of some of the mandates associated with electric vehicles, five odginal equipment
manufacturers are stepping up and introducing electdc vehicles this year. They hope the vehicles in the
near future will displace a large pementage of gasoline powered vehicles, are looking towards
improvements in overall air quality and believe that the electric vehicle program is perched to be a
major success, Background information is available tonight and he would be more than willing to answer
any questions.
A7.
170: Approving the Final Map of Tract No. 15223, and the Subdivision Agreement with
Sycamore Grove LLC; and authorizing the Mayor and City Clerk to execute the Subdivision
Agreement. Tract No. 15223 is located at the northeast comer of Weir Canyon Road and
Canyon Vista Ddve, and is filed in conjunction with Specific Plan No. 68-1 and General Plan
Amendment No. 338.
A8.
123: Approving an Agreement with Westem Transit Systems for $157,200 to implement a new
rail feeder service from the Anaheim Canyon Business Center Metrolink Commuter Rail Station.
A9.
160: Accepting the Iow bid of the Okonite Company, in an amount not to exceed $36,837.57 for
1,100 feet of 15 K.V. single conductor power cable, in accordance with Bid #5553.
Al0.
123: Approving a First Amendment to Agreement with GTE Customer Networks, to extend the
Agreement on a month to month basis for telephone maintenance and repair for the Stadium, in
accordance with Bid #5115.
Council Member Tait declared a conflict and abstained on this item.
All.
A12.
A13.
123: Accepting the bid, and authorizing the execution of an Agreement with Schlumberger
Industries, Inc., Water Division, in an amount not to exceed $622,370 for the annual large
meter/backflow device test, repair and/or replacement for a period of one year beginning July 1,
1996 with options to renew for an additional three years, in accordance with Bid #5537.
160: Authorizing the Purchasing Agent to exercise the renewal option of Norco Mail Delivery
Service, in an amount not to exceed $35,000 for delivery services, as required for the pedod
September 1, 1996 through August 31, 1997, in accordance with Bid #5424.
128: Approving the FY 1995/96 write-off of uncollectible miscellaneous and paramedics
accounts receivable totaling $723,939.76 as submitted by the Finance Director.
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CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JULY 1996
Jeff Kirsch, 2661 W. Palais, Anaheim. He again expressed his concem relative to the uncollectible
amounts as he did under the Redevelopment Agency (see discussion under Items of Public Interest -
Redevelopment Agency Meeting, 7/9/96). He also notes an uncollectible amount for Magnolia High
School and also multiple instances of uncollectible amounts under the same name. He questioned why
multiple bad debts have what appear to be the same person and is there a credit policy that prohibits
incurring further expense once a debt is uncollectible.
Council Member Feldhaus. He feels the wdte-off on the City's Paramedic Program is out of line. The
Fire Chief and City Manager need to get together and review this service since the City is wdting off
almost 50% of the costs. He reiterated, he feels it is necessary to re-look at the program. He also noted
under the program, a company that has 50 employees still only pays $3.00 a month but could utilize the
program a lot more than an individual.
Dave Morgan, Assistant City Manager. Staff will be happy to provide that to the Council. The numbers
presented are direct bills and not the people who participate through the normal process of the utility bill.
The statistics are getting better, i.e., in '91/'92, there was a write off of $500,000. That figure is now
down to $400,000. Staff will come back to the Council and discuss what they can do. I1 is a problem
faced in every City.
A14.
108: ORDINANCE NO. 5568 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTION 7.16.060 OF CHAPTER 7.16 OF TITLE 7 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO PUBLIC NUDITY. (INTRODUCED AT THE MEETING OF JUNE 25, 1996, ITEM
A12.)
A15.
108: ORDINANCE NO. 5569 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. (INTRODUCED AT THE MEETING OF
JUNE 25, 1996, ITEM A13.)
153: RESOLUTION NO. 96R-123: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ADOPTING A SEX-ORIENTED BUSINESS PERMIT INFORMATION PACKET.
Council Member Lopez. Relative to such businesses, he wishes the Council could get dd of the ones
already established and prevent any others from coming into the City. He receives several phone calls
and letters every week. He asked the City Attorney if tonight he is bringing back something that will stop
the businesses from coming into the City.
City Attorney White answered no. His wish is that he could do so and he would be the first before the
Council with the recommendation. As indicated in the past, the City, because of legal restrictions and
Supreme Court interpretations of the First Amendment, is not in a position to prevent these types of uses
from locating in the City. The most that can be done is to impose reasonable time, place and minimal
regulations. Before the Council tonight is a "cleanup' ordinance. It has been approximately two years
since the Council adopted the latest comprehensive ordinance regulating these businesses. Additional
court decisions have come down that allow the City, in some instances, to be more restrictive and some
less restrictive. There are 15 minor changes to the proposed ordinance(s). Of the 15, 8 are changes
that make the ordinance more restrictive, 4 are neutral, and 3 are reactions to coud cases that the City
must comply with. The amendments before the Council have been extensively discussed with the Police
Department and Code Enforcement and have the endorsement of both those departments together with
his office. He further confirmed it does not affect permitted locations since the law requires that a City
have permitted locations.
Mr. White then elaborated upon some of the things pending that offer hope with regard to further
regulating such businesses. He explained some of the provisions of AB1597 (Baugh) which would allow
cities to ban nude entertainment; therefore, he may be returning to the Council with another change to
the ordinance in that regard.
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES JULY 9, 1996
Council Member Lopez. He encouraged citizens to contact their legislatom at the State level to assist in
the passage of such bills.
A16
153: RESOLUTION NO. - .... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NOS. 92R-21, AND 92R-22 WHICH ESTABLISHED
RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS ADMINISTRATIVE
AND MIDDLE MANAGEMENT. (CONTINUED FROM THE MEETING OF JUNE 25, 1996, ITEM
153: RESOLUTION NO. ---- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM amending RESOLUTION NOS. 92R-18 AND 92R-20 WHICH ESTABLISHED RATES
OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS SUPERVISORY AND
PROFESSIONAL. (CONTINUED FROM THE MEETING OF JUNE 25, 1996, ITEM
A25.)cONTINUED TO 7/23~96
Staff has requested that this item be continued to July 23, 1996.
A17.
123: Approving Amendment No. I to Agreement No. 3CA41260, the Wildland Fire Protection
Agreement for certain wildland areas within the City of Anaheim, which updates the rate per acre
to be charged and changes the term of the Agreement to June 30, 1998; and authorizing the
Mayor to sign the Amendment.
A18.
123: Approving the Fourth Amended and Restated Agreement with the Community Care
Network to provide professional services relative to the City's self-administered workers'
compensation claims pmgrem, in the form of hospital utilization review, hospital specified rates,
and a professional services provider network program for the pedod of July 1, 1996 to June 30,
1998.
A19.
123: Approving a Third Amendment to Agreement with Ocou-Med, Inc., to continue their
services through June 30, 1997, in the area of occupational health and medical standards,
including pre-placement medical examination and quality assurance services.
185: Determining, on the basis of the evidence submitted by Richard Sohn of the Presley
Companies, that the property owner has complied in good faith with the terms and conditions of
Development Agreement No. 88-02 for the 1995-1996 review pedod.
Council Member Tait declared a conflict and abstained on this item.
101: Approving the FY 1995/96 write-off of uncollectible tenant accounts receivable for the
Convention Center totaling $1,208.92 and for the Stadium totaling $28,456.24.
123: Approving the Assignment of Rights Under Wdtten Contract in a Reimbursement
Agreement from BHL Investments, Inc., to Dale L. Schwarzhoff, an individual investor, to assign
its interests for the design and construction of Deer Canyon Reservoir (recently assigned from
Presley Companies to BHL Investments, Inc.).
123: Approving the terms and conditions of the contingent fee Agreement with the firm of
Robins, Kaplan, Miller & Ciresi pertaining to the recovery of damages arising out of the collapse
of the Sony Jumbotren at Anaheim Stadium in the 1994 Northridge Earthquake.
158: RESOLUTION NO. 96R-124: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING CERTAIN REAL PROPERTIES
OR INTERESTS THEREIN TO THE CITY.
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CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JULY 1996
150: Approving the Fiscal Year 1996/97 Community Services Agency Funding allotment plan in
the amount of $132,809 to selected community organizations; and considering the allocation of
an additional appropriation of $41,921 to increase the Fiscal Year 1996/97 allotment plan to
$174,730 to be distributed to selected community organizations.
Dave Morgan, Assistant City Manager. There will be a bdef staff presentation on this item and Mm. June
Lowry has also requested to speak.
Submitted was report dated June 28, 1996 from June Lowry, Chair, Community Services Agency
Funding Subcommittee of the Community Services Board recommending (1) approval of the FY 1996/97
Community Services Agency Funding allotment plan in the amount of $132,809 to selected community
organizations listed under "Recommendation #1 in the chart attached to the report and (2) to consider the
allocation of an additional appropriation of $41,921 to increase the FY 1996/97 allotment plan to
$174,730 to be distributed to selected community organizations as listed under Recommendation #2 in
the attached chart.
Dave Morgan. He referred to the subject report noting the two recommendations. The Council has
already adopted the $132,809 as part of the City budget adoption on June 11, 1996. City staff is in
concurrence with the Community Services Board (CSB) distribution formulas and recommend adoption
of the first part of the report. The second part asks Council to consider an allocation of an additional
$41,921 to take the total allotment up to $174,730 for this year. Also included in the report is how they
would recommend the Council and City distribute those funds. Staff is not in support of the second
recommendation. A year ago, they went through a similar process where the CSB asked for a
supplemental allotment. The Council chose to wait for the October-November time frame to reconsider
the request at that time. That is an option the Council can take again this year if they wish to do so.
Mayor Daly. To clarify staffs recommendation, he asked if it is to allocate the $132,809 today and staff
would report back to the Council prior to November 1 with a recommendation on whether to proceed on
the additional $41,921 consistent with previous yea~s practice.
Dave Morgan. The rationale for the recommendation is that the budget as submitted and adopted is
tightly balanced. If the Council does approve the additional allotment today, it would mean taking the
funds out of reserves. Staff is not recommending that. The only situation that might change staffs mind
is if somehow revenues are exceeding projections or they find other savings in the intedm peded.
June Lowry, Chair, Community Services Agency Funding Subcommittee of the CSB. Last year and for
several years before, she has come in with a story to tell and each year, unfortunately, the situation does
not get better, but worse. This year, the City is looking up financially, the County is looking up
financially, but people on the street are not and the non-profits in Anaheim are not. The non-profit
agencies take the burden away from City government and supply services that need to be supplied. She
explained many of the beneficial and needy programs that are provided which in the long term save the
taxpayer a great deal of money because government does not have to provide those services. The non-
profits are hurting in the City and they cannot raise all they need to on their own for services that are
Anaheim based and serve Anaheim residents.
The first recommendation of the CSB is for the allocation of the non-profits at the first level and the
second is very strongly recommended by the CSB as the Council's official advisor for human needs in
Anaheim. They feel the money is desperately needed. She recounted that the Board used to have
$350,000 plus to allocate when she was first on the CSB. Now they are receiving/spending far less. The
Board's recommendation is based on their findings and the needs citizens have not only for the first
recommendation, but also the second recommendation as well.
Both Mayor Daly and Council Member Lopez thanked the Board and the Committee for all the time and
effort spent on this important annual task for this year and past years as well.
9
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES JULY 9~ 1996
Mr. Morgan clarified for Council Member Feldhaus that staff will be back with a recommendation on the
additional $41,921 request no later than November 1, 1996; Council Member Feldhaus requested also at
that time that staff come up with possible or suggested funding mechanisms for the $41,921.
Mayor Daly. Eighteen agencies/programs requested funding in this final cycle and the CSB was able to
find a way to recommend funding for 14 of the programs. Three appear to be newcomers to the process
and are recommended for $1,000 but some are recommended for as much as $40,000 for the cycle for
the coming Fiscal Year.
Mr. Morgan then cladfled for Council Member Zemel that the $132,809 already in the budget comes
directly from the General Fund and if the Council approves the additional requested allocation today,
staff would have to return to the Council and adjust the budget and increase appropriations by that
amount with funding sources to come from the fund balance.
Council Member Zemel. He feels Mrs. Lowry makes a good point relative to saving the taxpayers
money. He referred to the Christmas tree the Agency recently authorized up to $50,000 (see minutes of
the Redevelopment Agency dated June 18, 1996, Item 2) in some way connected to Redevelopment
funds or bends, basically taxpayer funds. He wonders if the Council would take a longer look at
authorizing $41,921 that goes directly to the community dght now. He would like to recommend a
continuance of the matter one week to see if there is some way they could help Mrs. Lowry help the other
organizations.
MOTION. Council Member Zemel moved to continue Item A25. for one week to see if they can get a
staff recommendation that makes sense and would be consistent with their spending habits.
Before further action was taken, Mayor Daly referred to the comment made relative to funding a
Christmas tree costing $50,000. He wanted to correct any misperceptions. He does not believe the
Council/Agency authorized an amount not-to-exceed $50,000 for only a Christmas tree, but the entire
package of improvements to the downtown area, specifically the West Harbor Place improvements.
These covered a variety of improvements and the permanent holiday tree was a part of that package.
Council Member Feldhaus asked the Assistant City Manager if he could provide the information
requested in one week; Dave Morgan. Staff could do so but the only way they would be able to fund the
request today is to reach into reserves. The Council just adopted the 1996/97 City budget. Staff is not
going to recommend changing the budget within a few weeks of its adoption until they get a better sense
of how revenues and expenditures are progressing. The staff report references using Council
contingency dollars. However, Council contingency next year only has $15,000 in it. It would need to
come out of the projected fund balance. It is a policy decision and the Council could do that. Staff would
continue to recommend that they wait and see how the economy goes for the next 90 days. This has
been the practice followed at least last year and the year before. He does not believe it has created
terrible hardships on the organizations. Having said that, if the Council wants staff to come back with a
recommendation next week they can do so or the Council could take action tonight.
Council Member Zemel. He feels there is an inconsistency in their habits. It is OK to go into reserves
for certain items, but they do not do so when the community comes forward asking for $41,000. He
reiterated, he feels there is a need to be consistent. It is uncomfortable for him to take large amou[~ts of
money out of reserves to do other things and not answer a community need.
Council Member Feldhaus. He is not sure they will have to take any money out of reserves in 90 days;
Dave Morgan. What they may say in 90 days is that reserves have gone up and expenditures have not
occurred and, therefore, a surplus generated.
10
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES JULY 9, 1996
Mayor Daly stated that Council Member Zemel's motion died for lack of a second; Council Member
Zemel stated he did not know that he did not have a second to his motion.
It was then confirmed that there was no second to the motion.
Mayor Daly, in offedng the items of the Consent Calendar for approval, included the revised
recommendation on Item A25. as recommended by the City Manager's office to supply information
before November 1, 1996 relative to revenues and expenditures and possible funding of the second
recommendation.
123: Approving a Master Consultant Agreement with Dougherty and Dougherty for professional
services on park and recreation related capital projects.
184: Reviewing the need for continuing the Ninth Proclamation of the Existence of a Local
Emergency issued by the Director of Emergency Services on January 2, 1996, conceming the
Santiago Landslide and Pegasus Landslide in the City of Anaheim; and taking no action to
terminate the local emergency at this time.
114: Approving minutes of the Anaheim City Council meeting held June 11 1996, and the
adjourned regular meeting of June 4, 1996, held June 11, 1996.
End of Consent Calendar. MOTIONS CARRIED. Council Member Tait declared a conflict and
abstained on items A3, Al0 and A20.
Roll Call Vote on Resolution Nos. 96R-122 throuqh 95R-124, both inclusive, for adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
MAYOR/COUNCIL MEMBERS: None
MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 96R-122 through 96R-124, both inclusive, duly passed and
adopted.
Roll Call Vote on Ordinance Nos. 5568 and 5569, both inclusive, for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Ordinance Nos. 5568 and 5569, beth inclusive, duly passed and adopted.
11
CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JULY 9, 1996
105: BOARDSICOMMISSIONS-APPOINTMENTIREAPPOINTMENT TO TERMS EXPIRING
JUNE 30~ 1996:
Continued from the meeting of June 25, 1996, Item A28.
BUDGET ADVISORY COMMISSION FOR NEW TERMS EXPIRING JUNE 30, 2000: (Farano,
Mc Cracken)
COMMUNITY REDEVELOPMENT COMMISSION FOR NEW TERM EXPIRING JUNE 30,
2000: (Linn)
COMMUNITY SERVICES BOARD FOR NEW TERMS EXPIRING JUNE 30, 2000: (Ramon,
Engelbrecht, Rothrock, and Tadton)
HOUSING COMMISSION FOR NEW TERM EXPIRING JUNE 30, 2000: (Vacant-Slivka)
INVESTMENT ADVISORY COMMISSION FOR NEW TERM EXPIRING JUNE 30, 2000:
(Feltenberg)
PARK & RECREATION COMMISSION FOR NEW TERM EXPIRING JUNE 30, 2000:
(Ontivems)
PLANNING COMMISSION FOR NEW TERM EXPIRING JUNE 30, 2000: (Bostwick)
SENIOR CITIZENS COMMISSION FOR NEW TERMS EXPIRING JUNE 30, 1999: (MacLamn,
Melenberg)
City Clerk Sohl, answering Council Member Lopez, explained the process used for contacting individuals
to gauge their interest in wanting to be appointed to Boards and Commissions; Council Member Lopez
expressed concern relative to how current the interest list was since he had tried to contact some of the
people on the list without success. He would like the City Clerk to contact all the individuals to determine
the status.
City Clerk Sohl, She will do so. She also issued a press release asking for new candidates at least two
weeks ago and has received no response as yet; Council Member Lopez asked that another press
release be issued as well.
MOTION, Council Member Lopez moved to continue appointments/reappointments to City Boards and
Commissions for one week to July 16, 1996. Council Member Tait seconded the motion. MOTION
CARRIED.
12
CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JULY 1996
A30. A JOINT PUBLIC HEARING BETWEEN THE REDEVELOPMENT AGENCY AND THE CITY
COUNCIL ON THE SECOND AMENDMENT TO THE AREA 6 DISPOSITION AND DEVEI-OPMENT
AGREEMENT - CYPRESS INFILL/OLIVE INFILL PROJECT WAS HELD AT THE ANAHEIM
REDEVELOPMENT AGENCY MEETING THIS DATE - See Aqency Item ft4 for input received and
actions taken at the Public Hearinq. (Also see Redevelopment Aqency Resolution ARA96-2 and
City Council Resolution 96R-121, both dated ?/9196, which were adopted at the Aqency Meetinq.)
Mayor Daly reconvened the City Council Meeting: - 6:00 P.M.
5:00 P.M. JOINT PUBLIC HEARING - REDEVELOPMENT AGENCY/CITY COUNCIL
6:00 P.M. JOINT PUBLIC HEARING REDEVELOPMENT AGENCY AND CITY COUNCIl:
123: SECOND AMENDMENT TO THE AREA 6 DISPOSITION AND DEVELOPMENT
AGREEMENT - CYPRESS INFILL/OUVE INFILL PROJECT:
That the Anaheim Redevelopment Agency and Anaheim City Council consider the Second
Amendment to the Area 5 Disposition and Development Agreement and the CEQA Negative
Declaration in connection therewith. The purpose of the DDA is to grant development rights to
Kaufman and Broad to construct 62 affordable and market rate for-sale townhome units on three
Agency-owned sites, and construction of two single family residences on two sites in the
downtown area. (Continued from the meeting of June 18, 1996, Agency 5.)
Submitted was report dated July 9, 1996 from the Community Development Department recommending
approval of certain actions in connection with the subject agreement.
Lisa Stipkovich, Executive Director of Community Development. She bdefed the request and the
reasons for recommending a Second Amendment to Area 5 Disposition and Development Agreement
(Cypress Infill/Olive lnfill Project) granting development dghts to Kaufman & Broad (K&B) to construct
additional units -- Cypress Infill, 51 units and one single-family home, (2) Olive Infill, 11 units and, (3)
Atchison Street, one single-family home. She explained the proposal in detail.
At the conclusion of her presentation, she acknowledged the people from K&B, several principals who
were present tonight, particularly Steve Liss who took over the project from another member of K&B staff
and was extremely helpful.
Council/Agency Member Lopez. He complimented Mrs. Stipkovich and her staff for the fine job they
were doing in the downtown area.
Council/Agency Member Feldhaus asked if the 51 units were being sold as Iow and Iow-moderate
income units.
Mrs. Stipkovich. The units are more in the moderate range with the average cost of $140,000.
Council/Agency Member Feldhaus. He requested at a later meeting that staff submit a report on
Anaheim's standing with respect to providing its quota of Iow and Iow-to-moderate income housing and a
chart showing how the homes are dispersed in Anaheim.
13
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES JULY 1996
Mrs. Stipkovich. Such a report can be provided including a map which will show the distribution as
requested.
Mayor/Chairman Daly. He asked relative to the design of the 51 units on Cypress if the color scheme
will reflect what is immediately across the street in the very first K&B project or the more recent units.
Mrs. Stipkovich. Staff has not received the color palette as yet but when it is submitted, the Agency will
have to approve it.
Answering the Mayor, a representative of K&B from the audience, stated they are targeting November
or December as a start date for the project.
MOTION. Mayor/Chairman Daly moved to waive reading in full of the resolutions. Council/Agency
Member Zemel seconded the motion. MOTION CARRIED.
Chairman Daly offered Resolution No. ARA96-2 for adoption. Refer to Resolution Book.
RESOLUTION NO. ARA96- 2: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT
AGENCY APPROVING THE SECOND AMENDMENT TO DISPOSITION AND DEVELOPMENT
AGREEMENT BY AND BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND
KAUFMAN AND BROAD OF SOUTHERN CALIFORNIA, INC.; MAKING CERTAIN FINDINGS
REGARDING THE NEGATIVE DECLARATION FOR SUCH AGREEMENT, AND APPROVING
THE BASIC CONCEPT DRAWINGS FOR THE PROJECT.
Roll Call Vote on Resolution No. ARA96-2 for adoption:
AYES: CHAIRMAN/AGENCY MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
NOES: CHAIRMAN/AGENCY MEMBERS: None
ABSENT: CHAIRMAN/AGENCY MEMBERS: None
Chairman Daly declared Resolution No. ARA96-2 duly passed and adopted.
Mayor Daly offered Resolution No. 96R-121 for adoption. Refer to Resolution Book.
RESOLUTION NO. 96R-121: A RESOLUTION OF THE ANAHEIM CITY COUNCIL
APPROVING THE SECOND AMENDMENT TO DISPOSITION AND DEVELOPMENT
AGREEMENT BY AND BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND
KAUFMAN AND BROAD OF SOUTHERN CALIFORNIA, INC., AND MAKING CERTAIN
FINDINGS REGARDING THE NEGATIVE DECLARATION FOR SUCH AGREEMENT.
Roll Call Vote on Resolution No. 96R-121 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 96R-121 duly passed and adopted.
14
CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JULY 1996
RECESS - CITY COUNCIL MEETING: Mayor Daly moved to recess the City Council Meeting.
Council Member Tait seconded the motion. MOTION CARRIED. (6:12 p.m.).
A31.
PUBLIC HEARING (6:30 p.m.) - AMENDMENT TO THE I-5 FREEWAY AGREEMENT - STATE
OF CALIFORNIA: To consider an Amendment to the I-5 Freeway Agreement in the City of
Anaheim, Route 5 between the Anaheim-Orange City limits near State College Boulevard and
the Fullerton-Anaheim City limits at Houston Avenue; and on Route 91 between the westerly City
limit near Dale Street and Brookhurst Street (except the portion in the City of Fullerton).
Submitted was report dated June 1, 1996 from the Public Works Department recommending approval of
amendments to the I-5 Freeway Agreement between the City and Caltrans entered into on November 9,
1992.
Gary Johnson, Public Works Director and City Engineer introduced Russ Maguire to address the impact
of the project.
Russ Maguire, Deputy City Engineer. He briefed portions of the subject staff report and elaborated
further on the proposed amendments to the agreement. He confirmed for the Mayor that they do not
anticipate any further amendments to the agreement the City now has with Caltrans at this time.
Mayor Daly opened the Public Hearing and asked to hear from anyone who wished to speak.
Carol Stanley, 235 S. Beach Boulevard, Anaheim (West Anaheim -- BBCC Better Businesses and
Concerned Citizens). She asked if it was possible or too late to get some kind of recognition on the
overpasses or side walls of the freeway to let poople know they are entering Anaheim or are in Anaheim
vs. the plain walls they may be seeing in the future.
Mayor Daly. He will ask staff to respond and believes Mm. Stanley will be pleased with the response
since staff has been working with Caltrans on aesthetics, signage and landscaping for the entire I-5
through Anaheim. There will also be a workshop before the City Council on August 20 and a full public
communications program to descdbe fully what is involved in the rehabilitation of the Santa Aha
Freeway.
Gary Johnson. All the corridor cities have been working for a number of years to develop what they call,
I-5 Theme and Guidelines, the aesthetic quality that the freeway will have not found in the southern
segments. Some of the features that will be incorporated will be special treatment in walls, the caps, wall
texture, landscaping on the bddge, special treatment on the columns, bridge railing, bddge lighting, and
an old-style bddge treatment. It will be something very dissimilar from the treatment through Santa Ana
and south Orange County and will complement the work the City is doing in the Anaheim Resort and
Stadium ama. Them will be extensive landscaping on both ends at the 57, 22 and 5 interchanges which
is the south entry to the City and at the north at the 91 and 5 there will be an enhanced landscaping
effort. The residents will be quite pleased with the appearance once the project is completed.
There being no further persons who wished to speak, Mayor Daly closed the public hearing.
MOTION. Mayor Daly moved to approve the Amendment to the I-5 Freeway Agreement - State of
California, as recommended. Council Member Lopez seconded the motion. MOTION CARRIED
15
CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JULY 1996
ITEMS B1 - B3 FROM THE ZONING ADMINISTRATOR MEETING OF JUNE 20. 1996:
DECISION DATE: JUNE 27, 1996: INFORMATION ONLY -APPEAL PERIOD ENDS JULY t2, 1996:
B1.
179: CONDITIONAL USE PERMIT NO. 3846 AND NEGATIVE DECLARATION:
OWNER: EUCLID SHOPPING CENTER, A GENERAL PARTNERSHIP, 2293 West Ball Road,
Anaheim, CA 92804
AGENT: ART RODRIGUEZ, 709 East Colorado Boulevard, Suite 210, Pasadena, CA 91101
LOCATION: 1612 West Katella Avenue. Property is a rectangularly-shaped parcel of land
consisting of approximately 18,6 acres located at the southeast comer of Katella Avenue and
Euclid Street, having an approximate frontage south of 1,350 feet on the south side of Katella
Avenue and 600 feet on the east side of Euclid Street.
Request to permit on-premises sale and consumption of beer and wine in conjunction with an
existing restaurant.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
CUP NO. 3846 APPROVED (ZA Decision No. 96-14).
Approved Negative Declaration.
B2.
179: ADMINISTRATIVE ADJUSTMENT NO. 0t04:
OWNER: RAMSEY ELHAIS, 166 South Vista Del Sol, Anaheim, CA 92807
LOCATION: 166 South Vista Grande. Property is an irregularly-shaped parcel of land consisting
of approximately .23 aore having a frontage of approximately 74 feet on the east side of Vista
Grande, having a maximum depth of approximately 141 feet and being located approximately
190 feet south of the centerline of Avenida Margarita.
Waivers of minimum structural setback (25 feet required, 20 feet proposed), and maximum
structural height (3 foot height permitted, 5 feet proposed) to retain a five-foot high block wall
and pool equipment in a required front yard setback.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
APPROVED ADMINISTRATIVE ADJUSTMENT NO. 0104 (ZA Decision No. 96-15).
REPORTS AND RECOMMENDATIONS:
B3.
170: TENTATIVE PARCEL MAP 92-134:
OWNER: JAMES F. FILLEN, OF WILLIAM AND SCHMID HUITT-ZOLLARSIN, 15101 Red Hill
Avenue, Tustin, CA 92680
LOCATION: Property is a rectangularly-shaped parcel of land consisting of approximately 1.1
acres having a frontage of approximately 296 feet on the south side of Oak Street, an
approximately frontage of 120 feet on the west side of Lemon Street, an approximately frontage
of 287 feet on the north side of Harbor Place, and an approximate frontage of 199 feet on the
east side of Clementine Street ( Pacific Bell parking lot).
Petitioner requests a one-year extension of time to comply with conditions of approval for
Tentative Parcel Map No. 92-134.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Approved a one year time extension for Tentative Parcel Map No. 92-134 to expire June 29,
1997,
END OF THE ZONING ADMINISTRATOR ITEMS.
16
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES JULY 1996
ORDINANCE NO. 5570 Amending Title 18 of the Anaheim Municipal Code (Zoning) by
repealing Subsection .450 of Section 18.63.020 of Chapter 18.63 pertaining to truck repair and
overhauling in the MH zone (CODE AMENDMENT NO. 96-09). (introduced at the meeting of
June 25, 1996, Item B8.)
B5.
ORDINANCE NO. 5571 Amending Title 18 of the Anaheim Municipal Code (Zoning) pertaining
to required setbacks and landscaping requirements (CODE AMENDMENT NO. 96-08).
(Introduced at the meeting of June 25, 1996, Item B9.)
Mayor Daly offered Ordinance Nos. 5570 and 5571 for adoption. Refer to Ordinance Book.
ORDINANCE NO. 5570 AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE
(ZONING) BY REPEALING SUBSECTION .450 OF SECTION 18.63.020 OF CHAPTER 18.63
PERTAINING TO TRUCK REPAIR AND OVERHAULING IN THE MH ZONE (CODE
AMENDMENT NO. 96-09).
ORDINANCE NO. 5571 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18
OF THE ANAHEIM MUNICIPAL CODE (ZONING) PERTAINING TO REQUIRED SETBACKS
AND LANDSCAPING REQUIREMENTS (CODE AMENDMENT NO. 96-08).
Roll Call Vote on Ordinance Nos. 5570 and 5571 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Ordinance Nos. 5570 and 5571 duly passed and adopted.
D1. 155: ENVIRONMENTAL IMPACT REPORT NO. 320 AREA DEVELOPMENT PLAN NO. 120
INITIATED BY: CITY OF ANAHEIM, Planning Department, ATTN: Greg McCafferty, 200 S.
Anaheim Boulevard, Anaheim, CA 92805
LOCATION: The subject proposal is located on the approximately 159-acre Anaheim Stadium
property. The property is generally bounded by Katella Avenue on the north, SR-57 (Orange
Freeway) and Santa Ana River on the East, Orangewood Avenue on the south, and State
College Boulevard on the west.
Proposal to establish land use and development densities on the Anaheim Stadium property.
ACTION TAKEN BY THE PLANNING COMMISSION:
Area Development Plan No. 120 APPROVED (PC96-50) (5 yes votes, 2 absent).
EIR NO. 320 CERTIFIED (PC96-49).
Informational item at the meeting of June 18, 1996, Item B6.
HEARING SET ON: A letter of appeal of the Planning Commission's decision was submitted by Best
Best & Kdeger LLP on behalf of the Anaheim City School District and Anaheim Union High School
Distdct and Public Headng scheduled this date.
17
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES JULY 9, 1996
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News - June 28, 1996
Mailing to property owners within 300 feet - June 27, 1996
Posting of property - June 28, 1996
STAFF INPUT: Staff Input: See Staff Report dated July 1, 1996 from the Planning Department -
Subject: Environmental Impact Report No. 320 and Area Development Plan No. 120 recommending that
(1) the Council by resolution certify EIR No. 320, adopting the Statement of Findings and Facts and
Statement of Overriding Considerations set forth in Attachment A to Resolution No. PC96-49, and
adopting Mitigation Monitoring Program 092 set forth in Attachment B to said resolution and (2) by
resolution approve Area Development Plan No. 120. Under the discussion portion of the report, all of the
documents that have been submitted relating to the project are listed a) through e) on Pages I and 2 of
the report. The report provides in detail all of the background information and summarizes the actions
that have taken place in connection with the subject EIR and Area Development Plan. Attached to the
report was a document entitled - Further Response to Anaheim City School District and Anaheim Union
High School Distdct Comments to the Planning Commission - June 27, 1996. Also submitted was a 13-
page report from the City Attorney's Office - Re: Direct and Indirect Benefits Provided to Schools.
Joel Fick, Planning Director. He first bdefed how the proposal for Sportstown was initially started. The
City Council approved a two-phase work program, the first phase being a concentrated look at the
Stadium itself. The City then selected a very highly qualified consulting team to assist with project
oversight being provided by The Spectrum Group. It included the world-renowned Jerde Partnership as
architects, MBA (Michael Brandman Associates) as environmental consultants, SWA for land planning,
the Concord Group for market analysis, and Wayne-Hunt Design for project identity. The team has been
working hand in hand with City staff over the review pedod to develop the plan. The plan was presented
to the Planning Commission on May 29 and May 30, 1996 and on May 30, the Planning Commission
certified the EIR and also approved the ADP. The Plan acts as the implementation tool for Sportstown
and sets forth the permitted land uses and overall densities for the property. As the staff report points
out, the overall development square footage is less than was previously allocated on this property and
approved under development agreements. The Final EIR comprehensively examined all potential
environmental impacts for the property and every question which has been asked or concern raised has
been comprehensively addressed and answered.
Mr. Fick also bdefed portions of the staff report dated July 1, 1996. In concluding, he noted that the
Anaheim City School Distdct and the Anaheim Union High School Distdct through their legal counsel,
Best Best & Krieger appealed the Planning Commission's approval of EIR 320 and ADP120. A FAX
letter was also received today at 4:02 P.M. from Best Best & Kdeger regarding their appeal, copies of
which were just distributed to the Council. Mr. Fick then introduced two additional speakers who will be a
part of the presentation today, Dan Young, Principal, The Spectrum Group, and Joan Kelly, Principal with
MBA.
Dan Young, The Spectrum Group. He gave a brief summary of the work his firm has done as a result of
being hired by the City over a year ago to lead a team of world-class designers and experts in real estate
to look at the properly owned by the City which has come to be known as Sportstown and to make an
extensive study of the market place. (See minutes of the Planning Commission Meeting of May 29,
1996 where Mr. Young gave an extensive presentation on the project). Before the Council today is the
culmination of the process and that is the EIR. The City now has a market study, a world-class design
and now the opportunity for an EIR which provides for the entitlements to the property. This is the last
step in the process to get the property ready to go to the market and the first step in going out to the
private sector to ask what participation they would like to have. It has been in the City's best interest to
wait to approach the market place until now since now the City has beth the design, which indicates the
kind of quality desired, and an EIR which allows the City to tell with some certainty what the entitlements
will be to the property in terms of achieving the highest and best use and the best pdce for the property.
Mr. Young then introduced Joan Kelly, MBA who will summarize the EIR.
18
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES JULY 9, 1996
Joan Kelly, MBA (Michael Brendman Associates). (Also see minutes of the Planning Commission
Meetings of 5/29 and 5/30/96 where extensive input was given by Ms. Kelly). Her presentation gave an
overview of the EIR and the CEQA precess. She also explained that the project before the Council
tonight is appreximately 1.5 million square feet of mixed uso down frem the odginal plan of 2.1 million
square feet of office which reduces the envirenmental impact by spreading the usage not only over time,
but also over a vadety of uses which have different types of impacts. At the conclusion of her extensive
presentation, she stated as the Council is aware, the School Distdct appealed the EIR through the City
Council. Threughout the comment pedod, 45-day review and Public Headng precess, there were a
number of issues presented to the City. These have been responded to in a comprehensive manner in
the Response to Comments Document with documentation in the staff report related to those issues
brought forward during the Public Headng precess. As a final comment, the impacts related to the
School Distdct are fiscal and not physical impacts which are not required to be mitigated through the
CEQA process. The project will be paying statutory school fees as required by State law.
At the conclusion of the presentations, Mayor Daly opened the Public Headng and asked to hear from
those who wished to speak relative to the EIR and the ADP,
Jeff Kirsch, 2661 W. Palais, Anaheim. As with the previous large projects in the City, he feels one of the
continuing, not fully mitigated effects of the proposed project is in the area of solid waste. He asked if
there cannot be any fees levied where they know a particularly large development will have an impact on
landfill capacity for either waste conversion or future landfill exploration.
Mike Perez, Anaheim City School District. He hopes the Council had a chance to review the letter just
submitted by Best Best & Kdeger. The School Distdct would tike to thank the City for helping them.
Tomorrow they are opening up a new school, Jefferson II in cooperation with the School Distdct and the
City. The school will hopefully house 900 students on a multi-track, year round basis. This year, they
are anticipating a growth of 800 students and next year 1,000 students. It is necessary to keep
addressing these issues. Relative to the proposed project, there are significant impacts that have been
noted. The School Distdct is not against the project, but ask that the project impacts be mitigated. That
is all they are asking -- a continued relationship of working together.
Submitted for the record was letter faxed to the City Clerk's Office this date (July 9, 1996) from John
Brown, Best, Best & Kdeger.
Wendell Zeller, 5116 Citrus Court, Cypress. He referred to the article in the Register on June 18, 1996
which featured him and his work. At the time, he was painting a replica of the Eiffel Tower noting that
there were also two other towers he has done back east. (He submitted a photo of his work for Council
review). He also bdefed some of the other ideas he has to offer, attractions that he believes will fit
perfectly into future development of Sportstown.
Mayor Daly asked again if there were any additional people who would like to speak; there being no
response, he closed the Public Hearing.
City Attorney White noted that although the agenda indicates a motion relative to the EIR, it is a
resolution that is to be offered and voted upon, a copy of which has been previded to the Council.
19
CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JULY 97 1996
Mayor Daly offered Resolution Nos. 96R-125 and 96R-126 for adoption. Refer to Resolution Book.
RESOLUTION NO. 96R-125: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM (A) CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT NO. 320, (B)
ADOPTING A STATEMENT OF FINDINGS OF FACT AND STATEMENT OF OVERRIDING
CONSIDERATIONS IN CONNECTION THEREWITH, AND (C) ADOPTING MITIGATION
MONITORING PROGRAM NO. 092.
RESOLUTION NO. 96R-126: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING AREA DEVELOPMENT PLAN NO. 120
Roll Call Vote on Resolution Nos. 96R-125 and 96R-126, for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 96R-125 and 96R-126, duly passed and adopted.
Before concluding, Mayor Daly stated he respects the concerns of the School District. He believes all of
those concerns have been dealt with very adequately and fairly in the documentation. This was a
necessary step as they move closer in going to the market place and finally ascertaining what type of
developer interest there is in this ~fabulous" 45-acre site. They look forward to that as a coming
attraction in the near future. He thanked the development team and staff for their work and again
reiterated that they look forward to the next steps.
C1. REPORT ON CLOSED SESSION ACTIONS:
City Attorney Jack White stated that there are no actions to report.
C2. COUNCIL COMMENTS:
114: Retired Employee Medical Benefits: Council Member Tait requested that within the next month,
if possible, that staff give a presentation to the Council on retired employee medical benefits and staff's
long-term strategy to deal with the fact that those benefits are under reserves by a large amount.
ADJOURNMENT: By general Council consent, the Council Meeting of July g, 1996 was adjourned (7:45
P.M.)
LEONORA N. $OHL
CITY CLERK
20