1996/09/24CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES
SEPTEMBER 24, 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
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
DEPUTY CITY MANAGER: Tom Wood
PLANNING DIRECTOR: Joel Fick
POLICE CHIEF: Randall Gaston
ASSISTANT GENERAL MANAGER, ELECTRIC SERVICES: Dale Tarkington
ZONING ADMINISTRATOR: Annika Santalahti
CIVIL ENGINEER - DEVELOPMENT SERVICES: Natalie Meeks
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:35 p.m. on
September 20, 1996 at the Civic Center Kiosk, containing all items as shown herein.
Mayor Daly called the meeting to order at 3:10 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:
There were no public comments relative to Closed Session items.
The following items are to be considered at the Closed Session.
1. CONFERENCE WITH LABOR NEGOTIATOR
Agency negotiator: Dave Hill
Employee organization: Anaheim Fire Association and Anaheim Municipal
Association.
Employees
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (a) - EXISTING LITIGATION
Name of case: In re: CSI Enterprises, Inc., et al., Case No. 95-11642 CEM.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (a) - EXISTING LITIGATION
Name of case: Delmonico et al. vs. City of Anaheim, Orange County Superior Court Case No.
70-80-71 (and 16 related cases).
4. PUBLIC EMPLOYMENT PERFORMANCE EVALUATION: CITY CLERK
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES SEPTEMBER 247 1996
By general consent, the Council recessed into Closed Session. (3:11 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. ( 5:22 p.m.)
INVOCATION:
Moment of Silence was abserved in lieu of invocation.
FLAG SALUTE:
Mayor Pro Tern Lou Lopez led the assembly in the Pledge of Allegiance to the Flag.
Mayor Daly. He would like to take this opportunity to officially welcome back City Manager, Jim Ruth. It
is great to see him back and looking so well. His return is so important as they move into the Fall and
the many key decisions they are facing. He also noted the excellent job Dave Morgan, Acting City
Manager did in Jim's absence for the past six to seven weeks as well as all the other members of his
staff.
Mr. Ruth expressed the fa~t that it was great to be back and also commended his staff for the fine job
they did in his absence.
119: PRESENTATION - 1995 PRESTRESSED CONCRETE TANK AWARD - CITY OF ANAHEIM:
Presentation to the City of Anaheim for receiving the 1995 Prestressed Concrete Tank Award for
distinguished environmental treatment from the Portland Cement Association.
Mr. David Holman, Executive Director of the California Cement Promotion Council, this evening
representing the Portland Cement Association, explained that the Association holds an annual National
Concrete Tank Competition and is pleased to announce that Anaheim's new underground water tank was
the award winner in the 1995 competition. He then gave all of the reasons why, most significantly that it
blends completely into the urban surroundings. He presented the award to Ed Alario, Assistant General
Manager, Water Services and also to the following for their contributions: Tom Henshaw, Ward-
Henshaw Constmclion; Dexter Wilson and Diane Shaughnessy, Wilson Engineering; Max R. Dykmans,
DYK Incorporated.
Mayor Daly thanked Mr. Holman and commended Mr. Alario, the Utilities Department, and the other
contributors for making the award possible.
119:
PRESENTATION OF PLAQUES - RECERTIFICATION OF CITY TREASURER AS
CERTIFIED MUNICIPAL FINANCE ADMINISTRATOR AND CERTIFICATE OF EXCELLENCE
FOR THE CITY'S INVESTMENT POLICY TO THE CITY'S INVESTMENT ADVISORY
COMMISSION:
Mayor Daly congratulated Charlene Jung, City Treasurer on her recertification as a Certified Municipal
Finance Administrator and also congratulated the City's Investment Advisory Commission represented
by the Chairman of the Commission, Patrick Powers, on receiving a Certificate of Excellence for the
City's Investment Policy. The awards (plaques) were presented to Mrs. Jung and Mr. Powers and both
were personally commended and congratulated by the Mayor and Council Members.
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES SEPTEMBER 24~ 1996
Mrs. Jung stated it was her honor to accept the plaque and thanked the Council for giving her the
opportunity to attend and participate in the continuing education seminars required to renew her
certification every five years.
Patdck Powers, On behalf of the entire Commission, he was pleased to accept the award and will share
it with the members. He also noted that Charlene received another recommendation from the Municipal
Treasurer's Association -- she was named to the board that issues the certifications and will be
recognized as an expert in the field throughout the United States and Canada. It is a real feather in her
cap.
Mayor Daly announced the other members of the Investment Advisory Commission: Scott Feltenberg,
Bruce Hitchman, Clarence Kaufman and Tom Keaney
RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT
ANOTHER TIME:
2.
3.
4.
PROCLAMATION recognizing October 7 - 11, 1996, as California Rideshare Week in Anaheim.
PROCLAMATION recognizing October 1996 as Escrow Month in Anaheim.
DECLARATION recognizing Fred Barrera on his retirement from the City of Orange City Council.
DECLARATION recognizing LI.F.E. for their dedication to serving people with disabilities.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,312,656.38 for the period ending
September 20, 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. (5:35 p.m.)
Mayor Daly reconvened the City Council Meeting ( 5:52 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:
There were no public comments on City Council Agenda items.
3
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES SEPTEMBER 24~ 1996
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for
the Council meeting of September 24, 1996. Council Member Lopez seconded the motion.
MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: 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 Resolution Nos. 96R-160 through 96R-166, both inclusive, for adoption. Refer to Resolution
Book.
Al.
A2.
A3.
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 Fireman's Fund, Attorney Betty Smith for bodily injury sustained
purportedly due to actions of the City on or about Apd118, 1996.
b. Claim submitted by K & J Enterprises for property damage sustained purportedly due to
actions of the City on or about August 29, 1996.
c. Claim submitted by Jeanne Miles for bodily injury sustained purportedly due to actions of the
City on or about July 2, 1996.
d. Claim submitted by Hermilo G. Zavala for property damage sustained purportedly due to
actions of the City on or about July 13, 1996.
e. Claim submitted by Savanna School Distdct for indemnity sustained purportedly due to
actions of the City on or about October 23, 1995.
156: Receiving and filing the Anaheim Police Department Crime Statistical Report for the month
of August, 1996.
105: Receiving and filing minutes of the Public Utilities Board meetings held June 6, 1996, and
August 1, 1996.
105: Receiving and filing minutes of the Senior Citizens Commission meeting held August 8,
1996.
105: Receiving and filing minutes of the Community Services Board meeting held August 8,
1996.
117: Receiving and filing the Investment Portfolio Report Executive Summary for the month of
August, 1996, as submitted by the City Treasurer.
123: RESOLUTION NO. 96R-160: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM REQUESTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO
ALLOCATE COMBINED TRANSPORTATION PROGRAM FUNDS FOR GENE AUTRY WAY
AT THE I-5 FREEWAY. (RIGHT-OF-WAY FUNDS IN THE AMOUNT OF $1,143,000 FOR THE
GENE AUTRY WAY AT THE I-5 FREEWAY REGIONAL INTERCHANGE PROJECT.)
4
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES SEPTEMBER 24~ 1996
A4.
123: Approving a Completion/Takeover Agreement with Contractors Bonding and Insurance
Company, Surety for the default contractor, and their proposed completion contractor, Systems
Analysis and Integration, Inc., for completion of improvements for wellsites and water facilities
for the balance of the original contract, in the amount of $238,878.
A5.
123: Authorizing the City Manager to sign an Agreement with the Orange County Transportation
Authority for an annual exchange of Authority fuel tax revenues for City local revenues beginning
July 30, 1997 to sustain public bus service levels throughout Anaheim.
A6.
106: Approving the adjustments to the Public Works Department's fiscal year 1996/97 Capital
Improvement Budget, in the amount of $169,000 for the construction of entryway
monumentation.
A7.
160: Accepting the Iow bid of Arizona Rotorcraft, for $27,875.85 for a compressor assembly
overhaul for Police Helicopter N11082, in accordance with Bid ft5574.
A8.
106: Amending the FY 1995/96 budget by adjusting expenditure appropriations as follows:
1. 800 MEGAHERTZ COMMUNICATIONS - Increasing appropriations in General Fund Account
101-309-2251-9319 by $1,593,729.
2. VISITOR AND CONVENTION BUREAU - Increasing appropriations in General Fund Account
101-101-5203-8611 by $690,000.
3. FIRE OPERATIONS - Increasing appropriations in various Fire Department General Fund
accounts by $110,000.
4. DISASTER RELATED EXPENSES - Increasing appropriations in various Disaster Fund
accounts by $2,100,000.
5. POLICE OPERATIONS - Increasing appropriations in various Police Department General
Fund accounts by $900,000 and Narcotic Fodeiture Fund accounts by $247,089.
Ag.
123: Approving a Cooperation Agreement between the Agency and the City to provide staff and
services to the Agency in connection with the proposed Beach Boulevard Redevelopment
Project.
Al0.
153: RESOLUTION NO. 96R-161: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AMENDING RESOLUTION NO. 91R-125 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS UNREPRESENTED PART-
TIME.
All.
152: RESOLUTION NO. 96R162: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING THE CITY MANAGER TO BIND THE CITY OF ANAHEIM TO
PROGRAM PARTICIPATION AGREEMENTS TO IMPLEMENT THE ANAHEIM RESORT
NONCONFORMING SIGNAGE PROGRAM.
A12.
144: RESOLUTION NO. 96R-163: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM WAIVING 60-DAY NOTICE OF DONATED SPACE AGREEMENT BY THE
COUNTY OF ORANGE OF CERTAIN PROPERTY LOCATED IN THE CITY OF ANAHEIM.
(PROPERTY IS AT 1401 SOUTH ANAHEIM BOULEVARD - FOR THE PURPOSE OF
OPERATING A YOUTH AND FAMILY RESOURCE CENTER.)
Submitted was report dated September 17, 1§§6 from the Planning Department recommending approval
of the request for waiver of the 60-day notice provisions required by State Government Code Section No.
25351.
5
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES SEPTEMBER 24~ '1996
Council Member Lopez. He is concerned relative to notification of surrounding properties (Paul Revere
Elementary School and the apartment buildings next to the parking lot) that the subject Resource Center
was going to be located at 1401 S. Anaheim Boulevard -- specifically the Anaheim Elementary School
Distdct and the apartment owners/residents adjacent to the parking lot. There is also a Senior Citizen
home in the 1300 block of S. Anaheim Blvd. He also would like to know from Redevelopment Staff if
the operation would be compatible with the long-range goals for that area of Anaheim.
Joel Fick, Planning Director. The two requests that the Council is considering, which are also related to
Items B4 and B5 on today's Council Agenda under the Planning Commission Consent Calendar, are
requests to shorten the time pedod only. State Code requires the County to notify the City 60 days pdor
to entedng into a lease and the County has requested a waiver of that 60-day pedod in order to move
forward as quickly as possible. There is no general notice given. Staff did not notify the neighbors but
did contact the school and made them aware of tonight's agenda. The County may have also contacted
the School District as well. There is a new Principal at the school; Administrators of the Distdct were not
available. He believes they are reviewing the item internally.
Don Hallstrom, Chief Deputy Probation Officer, Field Services, 909 N. Main Street, Santa Ana. The
Probation Department is interested in receiving an invitation from the Orange County Department of
Education to accept a Donated Space Agreement to join them in a partnemhip at the school site at 1401
S. Anaheim Boulevard. Mr. Hallstrom then gave an extensive presentation relative to the specifics of
the program, the number of youths involved, the contacts made, that there was extensive dialogue with
the Anaheim Union High School District (AUHSD) Superintendent and Assistant, the School Principal,
etc. (Also see letter dated September 19, 1996 from Mr. Hallstrom to the City Clerk - Subject: Youth
and Family Resource Center). He explained for Council Member Lopez that they did not contact the
owners or residents in the two-story apartment buildings next to the parking lot but some of the youths in
the program are residents of that housing area.
Council Member Lopez. He reiterated his concern relative to notification to the Anaheim Elementary
School District noting that Cynthia Grennan, who is now retired, was a part of the AUHSD as well as
notifying the apartment owners and/or homeowner's association in the adjacent apartments to determine
if there was a concern on their part. He did not want to hear those concerns after the fact.
Don Hallstrom. He shares those concerns and believes their efforts, to this day, have taken those into
consideration by making the contacts they have made especially with the immediate neighbors. He has
every reason to believe administrators with the ACSD as well as the AUHSD are aware of the program.
He personally did not anticipate any adverse reaction whatsoever from an education oriented program
that will contribute to the community.
Joel Fick. Relative to the School District issue, a letter was just handed to him dated September 24,
1996 signed by Michael R. Perez, Director, Facilities and Planning, Anaheim City School District,
indicating that the District became aware of the project in July of 1990. He quoted from the letter - "In
the short time provided, the District has discussed the possible impacts this project may have on school
operations, in response to these concerns, the County DOE and Probation has made the following initial
provisions to mitigate those concerns: 1. Students will be directed to have no contact with students from
Paul Revere School (131 W. Midway, south~Nest of Horizon Project). 2. Horizon ~tudents will not enter
school grounds at any time, unless accompanied by a Probation Officer or County DOE staff member,
3. County DOE and probation will provide a 24-hour contact to the District to help resolve any issues
which may adse."
He will provide the Council with a copy of the letter (letter made a part of the record).
6
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES SEPTEMBER 24, 1996
Further discussion followed wherein the Mayor and Council Member Lopez posed questions relative to
how long the Probation Department planned to operate on the site and also if the program was
compatible with the long-range plans and goals for the ama. Mr. Hallstmm stated the intent is to
establish a program on the site for a throe to five-year term that will be a meaningful and constructive
contribution to the community. Relative to the plans for the ama, Lisa Stipkovich, Executive Director of
Community Development explained, in terms of the overall goals in that ama, it sounds as though if
there is supervision and constraints on the operation, it would technically be in conformance with the
Redevelopment Plan. She could not give specific answers exactly as to what the goals and objectives
might be for that ama at this time.
City Attorney White then answered questions posed by the Mayor explaining that the items on the
agenda tonight are not asking for the City's approval in these matters. The County is only asking the City
to waive what is otherwise required by State law -- a 60-day notice before activities start. Subsequently,
Items B1 and B2 which are to be considered later in the meeting refer to whether or not the proposed
uses conform to the General Plan. In both cases, it needs to be clear the County is exempt from the
City's land use ordinance and can establish the uses regardless of whether the City approves or not. The
question as to whether the City can put a time limit on the use would not be appropriate since there is
nothing to give approval to. The City could enter into any agreement mutually acceptable, but there is
nothing in the law that requires the County to get the City's consent.
Mayor Daly. He appreciates the County representatives explaining their request. He can support the
idea and the program to have five members of the Probation Department work with at-risk youth in
Anaheim. He believes the community will gain from this type of program.
A13.
144: RESOLUTION NO. 96R-164: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM WAIVING 60-DAY NOTICE OF LEASE BY THE COUNTY OF ORANGE OF
CERTAIN PROPERTY LOCATED IN THE CITY OF ANAHEIM. (PROPERTY IS AT 2035 EAST
BALL ROAD - FOR THE PURPOSE OF OPERATING A PATIENCE AND PERINATAL
PROGRAM.)
Council Member Lopez asked what kind of impact them will be relative to the program.
Ron Webb, Program Manager. He saw a document that indicated there would be 128 clients per day but
he feels it will be closer to 60 or 70. At least 2/3's will be coming by public transportation although there
is ample parking at the facility.
A14.
101: Authorizing the Stadium and Convention Center Genere I Manager to negotiate terms and
conditions for the sale of surplus seats at Anaheim Stadium; and entering into Sales Agreements
on behalf of the City for the sale of such seats.
Submitted was report dated September 30, 1996 from the Stadium/Convention Center General Manager
recommending that he be authorized to negotiate terms and conditions for the sale of surplus seats at
Anaheim Stadium.
Council Member Feldhaus noted that the prices for the seats range from $10 to $25 each and that it will
be a couple of years before selling all the seats. He asked if they are being sold in lot quantities and how
the pdce is determined. He has heard from people who have expressed an interest in getting some of
the seats for what he considers a very good reason. Clyde Wright, a former Angel player, who has a
batting cage business in Anaheim would like to have some for a youth program. Another is asking for
seats for a new church. He asked how someone can go about getting on the list or getting some of the
seats donated to them.
7
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES SEPTEMBER 24~ 1996
Greg Smith, General Manager, Stadium/Convention Center. He has talked to Clyde Wdght and three or
four colleges and high schools that might want to convert some bench seats to regular seats. Prices are
based upon the quantity purchased and the condition of the seats. Staff has not concluded a survey of
what they feel is a fair market price. The first lot, (about 14,000 this year) will probably be more of
interest to groups that want to buy large quantities. They do not have the nostalgia of being Stadium
seats used in the last 30 years. They have also received requests from season ticket holders wanting to
pumhase their seats. That nostalgia increases the value of the seats. The focus is going to be to
accommodate those groups -- chumhes, colleges, Mr. Wdght's youth program, etc. One of the problems
is that not every seat has all four legs. As the seats are sold in smaller quantities, it is necessary to use
more seat parts.
Council Member Feldhaus asked if they had to be sold or could they be donated to a non-profit or
charitable organization.
City Attorney White. In making disposition of any City property, the City always has to find there is a
public purpose involved. The City cannot lawfully treat religious organizations any differently from any
other potential purchaser of the seats. They could not offer the seats to an organization that was for a
religious purpose at a pdce different from what they would charge any other organization in order to
avoid church and state potential conflicts. What he has heard as explained by Mr. Smith, the plan
complies with the legal requirements. The City Council could authorize a disposition of seats for less
than fair market value including down to zero. It would take a finding of the Council based upon the
determination there was public benefit involved in supplying those seats to a non-profit organization such
as the Boys and Girls Club as suggested by Council Member Feldhaus.
Council Member Tait. He feels they should maximize return to the City and any policy the City has
relative to selling City assets, that should be the policy.
After additional discussion and questions, Mr. Smith stated he would keep the Council advised relative to
the sale of the seats now and in the future.
Council Member Zemel. He believes the seats were purchased with the bond money the City is still
going to have to pay off. Fifty thousand seats at $45 is a lot of money. He feels it is a serious situation.
City Attorney White. The 1978 edition of the Stadium Bonds are being paid off by the Rams. The City is
legally "on the hook' but the Rams have a legal obligation. When the Rams left, one of the conditions
was that they guarantee the payment of all those bonds, about $28 million, and they put up an
irrevocable letter of credit from a AAA rated bank that guarantees their obligation to pay off the bonds.
The City has been receiving semi-annual payments directly from the bank to pay those.
A15.
A16.
A17.
123: Approving License Agreements Nos. 717981 and 717982 with the Southern Pacific
Transportation Company, in an amount not to exceed $2,975 per Agreement. Said Agreements
are for the construction, operation and maintenance of underground power and communication
facilities crossing the Southern Pacific Transportation Company's right-of-way in Underground
Distdct No. 20, Lincoln/Brookhurst.
123: Approving the Second Amendment to Agreement with P & D Consultants for the Harbor
Boulevard Improvement and Beautification Project from Katella Avenue to Orangewood Avenue,
in an amount not to exceed $88,250.
114: Approving minutes of the Anaheim City Council meetings held August 13, 1996, and
August 20, 1996.
8
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES SEPTEMBER 24~ 1996
A18.
137: RESOLUTION NO. 96R-165: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING, AUTHORIZING, AND DIRECTING EXECUTION OF CERTAIN
LEASE FINANCING AMENDMENTS AND RELATED DOCUMENTS; AND AUTHORIZING AND
DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO. (APPROVING AMENDMENTS
TO THE SITE AND FACILITY LEASE AND THE LEASE AGREEMENT ENTERED INTO
BE'rVVEEN THE CITY AND APIC IN CONJUNCTION WITH THE 1993 REFUNDING
PROJECTS CERTIFICATES OF PARTICIPATION WHICH AMENDMENTS ARE REQUIRED
PURSUANT TO THE TERMS OF THE AMENDED AND RESTATED LEASE AGREEMENT
BETWEEN THE CiTY AND THE CALIFORNIA ANGELS, L. P.)
Council Member Zemel. He will be supporting Item A18 and A19 in order to protect the City but is doing
so with the same caveat he expressed under Item 1 on today's Anaheim Public Improvement
Corporation Agenda.
A19.
123: RESOLUTION NO. 96R-166: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING THE ASSIGNMENT AND ASSUMPTION OF CERTAIN
AGREEMENTS AND OTHER MATTERS RELATING TO ANAHEIM STADIUM. (EFFECTIVE
OCTOBER 1, 1996, AGREEMENT BETWEEN THE CITY AND THE CALIFORNIA ANGELS
L.P. WHEREBY THE TEAM SHALL ASSUME THE OBLIGATIONS OF THE CITY UNDER
CERTAIN OPERATING CONTRACTS RELATING TO ANAHEIM STADIUM; AND
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SUCH AN
AGREEMENT FOR EACH SUCH OPERATING CONTRACT TO BE ASSUMED BY THE TEAM
WITH ANY NECESSARY REVISIONS TO THE FORM OF SUCH AGREEMENT AS ARE
APPROVED BY THE CITY AT¥ORNEY.)
Council Member Zemel. He will be supporting Item A18 and A19 in order to protect the City but is doing
so with the same caveat he expressed under Item 1 on today's Anaheim Public Improvement
Corporation Agenda.
Roll Call Vote on Resolution Nos. 96R-160 throu,qh 96R-166, 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-160 through 96R-166, both inclusive, duly passed and
adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
A20. 156: PUBLIC HEARING - SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND
(SLESF): To consider the expenditure plan for funds, in the amount of $682,262 received by the
City of Anaheim Police Department as a result of Assembly Bill 3229, Citizen's Option for Public
Safety (COPS).
Submitted was report dated September 24, 1996 from the Chief of Police recommending approval of the
Police Department's expenditure plan for SLESF monies. The expenditure plan was attached to the
report. Also submitted was report dated September 20, 1996 from the City Attorney's Office regarding
additional SLESF funds that may be received in the future to fund the prosecution of misdemeanor
violations of State law.
9
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES SEPTEMBER 24~ 1996
Mayor Oaly asked to hear from the City Manager relative to the staff recommendation.
City Manager Ruth. He referred to the staff report by the Chief of Police and the proposed expenditure
plan submitted. His recommendation is to support the Chief's proposal in terms of how to utilize the
funds. He pointed out that there is no guarantee that the funds will be allocated beyond one year. If not,
then the positions would be eliminated at the end of the grant year. In conjunction with this, the Police
Department has been very diligent in looking for other opportunities for additional revenues. The
department feels approximately 20% of the time spent by Patrol Officers is in wdting reports. Should
they be able to replace the terminals with more current state-of-the-art technology, that could be reduced
by 40% and free up additional hours for Patrol Officers to do more field work which equates to an
additional 12.1 Police Officers. Staff still recognizes the commitment of the Council to put additional
Police Officers on the street. This proposal is a critical need for the Police Department to backfill a
number of positions that have been eliminated over the last three years. The Chief is present to
respond.
Council Member Tait. With the possibility that this will be one-time money, he is concerned about hiring
additional personnel. He asked if the Chief had gone through the thought process, rather than hidng,
perhaps investing in upgrading the technology and getting more "bang for the buck."
Police Chief, Randall Gaston. It is true that the funding will require legislative renewal each year. There
is a commitment from the Governor's Office that this will be recurring at least until 1998. If he could
think of another application of technology the department is not pushing forward, they would do so. The
department is very advanced technologically now and does many things that other Police Departments
are only attempting to implement.
A line of questions were then posed to Chief Gaston by Council Member Zemel revolving around
consequences should funding not occur after the first of the year.
Council Member Tait asked if the matter could be continued one week.
Police Chief Gaston explained the Bill expressed that the Public Headng should be accomplished during
September but the funds are on hand. As soon as they formulate a spending plan, it triggers going to the
Oversight Committee and then the City can make use of the funds.
City Attorney White. The statute says a hearing must be held in September and the Council has not
more than 60 days to make a decision after the request is received from the Chief.
Furrther questions were posed to the Chief by the Mayor during which the Chief confirmed that the
Council has the flexibility year to year to spend the funds on something different. Since there is
flexibility, the Mayor stated he feels the Chief has made a fine case that the recommended expenditure
will deliver the most benefit for the community and free up the time of existing sworn officers and
possibly save on some overtime costs. He is, therefore, prepared to support the proposal at the close of
the Public Hearing.
Mayor Daly thereupon opened the Public Hearing and asked to hear from anyone who wished to speak.
No one came forward to speak.
Council Member Lopez. Although he is biased since he is a Police Officer, he feels the support
personnel will be a real help to the Police. It will enable more Police Officers to be on the street to do
what they need to do.
Council Member Zemel. With due respect, he has a legal question for the City Attorney. He is
uncomfortable with possibly jeopardizing these funds. There is a Police Officer on the Council talking
about the Police Department and the budget. He asked for a report before going forward and then
Council Member Lopez can continue.
10
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES SEPTEMBER 24~ 1996
City Attorney White. There would only be a conflict wherein Council Member Lopez would be required to
refrain from discussion and voting, if any of the funds were going to be used to financially benefit Council
Member Lopez in his capacity as a Police Officer. As he understands from the recommendation and
request Chief Gaston has made, he (White) does not see a legal basis on which Council Member Lopez
could benefit as an employee of the City and the Police Department from the way the funds aro
recommended to be appropriated.
Council Member Zemel. Having that on the record, he is much moro comfortable.
Council Member Lopez. He reiterated the added staffwill free up Police Officers to do what they need to
do. The worst case, if they lose the funding, he is suro those employees would be absorbed with regular
civilian employees. They should take advantage of this funding to send a message that Anaheim is not
the place to commit crime. It is a groat idea and they should go forward with the spending
recommendations.
Chief Gaston, answering Council Member Zemel, stated if the funding did not continue, each budget
year when they present the department budget, they would present the unfunded positions as a
restoration package as done in the past. If the funding ceased, they would be prepared to roll those
positions into vacancies and into funded positions.
Council Member Zemel. There are vacant positions right now which are not being funded. He fears to fill
them with new hires is to set them up next year for an increase in the budget. He is not suro they can
handle that because they could not do it the last time.
City Manager Ruth. The reason it was not done last time is because the Council's priodty was to put
officers on the street and that was done. The Chief for the last two or three years has brought the
problem to his attention that they needed additional staff support. They have been unable to do that
because of lack of funding. His position is, if the money goes away, then the positions go away. If there
are vacancies and those positions can be absorbed into vacancies, thero is no additional cost to the City.
If not, then the positions either go away, or the Council makes a policy decision whether to allocate
additional funds or not.
After additional discussion and questioning, Mayor Daly closed the Public Hearing.
Council Member Tait. From what he gathers, 1o continue this could possibly jeopardize the funding
which he does not want to do. He is confident that the Chief has run the analysis and is going to support
the recemmendation.
Council Member Zemel. He also expressed his confidence in the proposal. He is talking more in a
philosophical sense and not criticizing the Chief's recommendation.
On Motion by Mayor Daly, seconded by Council Member Zemel, the expenditure plan fo Citizen's Option
for Public Safety (AB3229 in the amount of $682,262 was approved. MOTION CARRIED.
A21.
105: APPOINTMENTS TO THE PRIVATE INDUSTRY COUNCIL:
Appointing one new member from the Private Sector Category for a four year term; and
appointing two new members from the Public Sector Category for four year terms.
Submitted was report dated September 17, 1996 from Marge Pritchard, JTP Manager recommending the
subject appointments attached to which were two Charts, A and B, listing the names of those nominated
from their respective groups (Chart A - Pdvate Sector Category -- Chart B - Public Sector Category).
11
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES SEPTEMBER 24~ 1996
Mayor Daly. The Council is advised to select one person of the three from Chad A and two persons from
Chart B noting that there are only two names submitted. A cross-section of companies are represented
from the Pdvate Sector on the PIC. The slot they are filling tonight was previously filled by a
representative of the Automobile Club of Southern California and a staff person from the Club is included
in the list (Chart A).
Mayor Daly opened nominations,
Council Member Tait nominated Linda Newby to the PIC for a four-year term in the Pdvate Sector
Category.
MOTION. Council Member Zemel moved that nominations be closed. Council Member Tait seconded
the motion. MOTION CARRIED.
MOTION, Council Member Zemel moved to appoint Linda Newby to the PIC in the Pdvate Sector
Category. Council Member Tait seconded the motion. MOTION CARRIED
Mayor Daly nominated Geoff Wilson and Jerry Dunn to the PIC for a four-year term in the Public Sector
Category.
MOTION. Mayor Daly moved that nominations by closed. Council Member Tait seconded the motion.
MOTION CARRIED.
MOTION. Mayor Daly moved to appoint Geoff Wilson and Jerry Dunn to the PIC in the Public Sector
Category. Council Member Zemel seconded the motion. MOTION CARRIED.
A2.2. 121: PUBLIC HEARING
FINDING AND DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUIRING AND AUTHORIZING CONDEMNATION OF CERTAIN REAL
PROPERTY: To consider the adoption of resolution finding and determining that the public
interest and necessity require condemnation of certain real property located in the Anaheim
Resort Area; and authorizing the law firm of Rutan and Tucker, special counsel to the City, to
proceed with said condemnation action. (Continued from the meeting of September 17, 1996,
Item A16.)
Submitted was report dated September 10, 1996 recommending adoption of the resolutions finding and
determining the public interest and necessity for acquiring and authorizing the condemnation of a portion
of certain real property at cedain location including the following:
933 s. Harbor Boulevard (Patel, Parsotam R. & Parvatiben P., R/VV 5125-4)
City Clerk Sohl, at the meeting of September 17, 1996 announced that a request was received from the
property owner of the subject property, 933 S. Harbor Blvd., asking for a continuance of at least two
weeks because the principals were out of town.
On September 17, 1996, Mayor Daly opened the Public Headng on the subject property and
subsequently the Council continued the Public Headng to this date.
12
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES SEPTEMBER 24~ 1996
Mayor Daly re-opened the Public Hearing on the property at 933 S. Harbor Blvd. noting that testimony
will be taken from the owner of record or a designated representative and will be limited to the following
issues:
1. Whether the public interest and necessity require this project.
2. Whether the project is planned and located in a manner that will be most compatible with the
greatest public good and least private injury.
3. Whether the property sought to be acquired is necessary for the project.
4. That the offer required by Section 7267.2 of the Government Code has been made to the
owner or owners of record.
Hammet Patel, 18491 Santiago Blvd., Villa Park 92667. He is representing his parents who are the
owners of the property. He is present to object for three reasons. Taking of the properly will cause a
public safety issue. The area being taken is about 19' wide on the south side of the property specifically
relating to the south entrance. The turning apex lane will come extremely close to the last rental unit on
that side (#32) causing a problem with care entering and exiting through that area. There would be a
safety issue in trying to rent the unit and it is one they rent out quite a bit because it is a kitchenette unit.
The same problem would occur on the north entrance to the property and there is also a public telephone
at that location. With cars pulling in and out it could cause safety problems. As it is, people use the
property to make "U" tums. Another issue would be the noise. There will be increased noise once the
mad becomes less than 10' from the front of the Manager's apartment and the office making it
impossible to live in the apartment and to conduct business from the office. On the south side, the
rentable unit would suffer the same noise concerns. The third item, once the property is taken, the
frontage of the property would become a legal, non-conforming use.
There being no further persons who wished to speak, Mayor Daly closed the Public Hearing.
Natalie Meeks, Development Services/Civil Engineer, Public Works. The three issues are design issues
which staff will consider. There will be a parkway between the roadway and the property with adequate
ddveway tumamunds. If there is a concern for protecting the end unit, a curb to guide the traffic will be
installed to make sure vehicles do not inadvertently drive into the building. Relative to the pay
telephone, it undoubtedly can be easily relocated. Staff will work with the property owner to get those
things done. The appraiser looked closely relative to noise. There may need to be some noise proofing
of the walls or double paning the windows, but nothing that cannot be mitigated. The issue was
addressed in the environmental review for the project. Relative to the legal, non-conforming use, it is
another issue that is very typical in takings of this sort. The code specifically addresses the issue and
allows that legal, non-conforming use to continue. If the property owner does redevelop the property and
replaces the existing motel, he would be required to meet whatever the requirements are at that time.
Those issues are assessed in the appraisal and any severance damages that would be appropriate on
the property are assessed and included as part of the fair market value. As the property stands, it would
be a legal non-conforming use which is specifically allowed in the code.
Mayor Daly offered Resolution No. 96R-167 for adoption. Refer to Resolution Book.
RESOLUTION NO. 96R:-167: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR
ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY.
(933 SOUTH HARBOR BOULEVARD - PATEL, PARSOTAM R. & PARVATIBEN P. - PJVV 5125-
4.)
13
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES SEPTEMBER 24, 1996
Roll Call Vote on Resolution No. 96R-167 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-167 duly passed and adopted.
ITEMS BI - B3 FROM THE PLANNING COMMISSION MEETING OF SEPTEMBER 4, 1996:
INFORMATION ONLY-APPEAL PERIOD ENDS SEPTEMBER 26, 1996:
BI.
179: CONDITIONAL USE PERMIT NO. 3862 AND NEGATIVE DECLARATION:
OWNER: 2550 MIRALOMA COMPANY, c/o RONALD S. LUSHING, 9399 Wilshire Boulevard,
#109, Beverly Hills, CA 90210
AGENT: JEFF JONSSON, 6 Morgan, #100, Irvine, CA 92718
LOCATION: 2550 East Miraloma Way. Property is an irregularly-shaped land-locked pamel of
land consisting of approximately 0.87 acres located on the south side of Miraloma Way and
located approximately 200 feet west of the centerline of Lawrence Avenue.
To permit an automobile wholesale/auction facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3862 GRANTED (PC96-88) (6 yes votes, I absent).
Approved Negative Declaration.
B2.
179: VARIANCE NO. 4296~ CATEGORICALLY EXEMPT~ CLASS 11:
OWNER: NORMS RESTAURANT, A CALIFORNIA CORPORATION, 17904 Lakewood
Boulevard, Bellflower, CA 90706
AGENT: PROMOTIONAL SIGNS, INC., 22552 Muirlands Boulevard, Lake Forest, CA 92630.
LOCATION: 1125 North Euclid Street. Property is a rectangularly-shaped parcel of land
consisting of approximately 1.58 acres located at the southwest corner of Glen Avenue and
Euclid Street.
Petitioner requests waiver of maximum height of freestanding signs to construct a 35-foot high
freestanding identification sign for a proposed restaurant.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4296 GRANTED (PC96-89) (6 yes votes, 1 absent).
B3.
179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3861
CATEGORICALLY EXEMPT, CLASS 153t4:
OWNER: GRACE C. & OMAR L. BLANCHARD, 120 El Dorado Lane, Anaheim, CA 92807
LOCATION: 191 South Old Sprlnqs Road. Property is an irregularly-shaped parcel of land
consisting of approximately 1.42 acres located at the northwest corner of Monte Vista Road and
Old Springs Road.
To permit a temporary modular building in conjunction with an existing child day care facility and
private elementary school with waiver of minimum setback from a Hillside Secondary Highway.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3861 GRANTED (PC96-90) (6 yes votes, 1 absent).
Approved waiver of code requirement.
14
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES SEPTEMBER 24~ '1996
ITEMS B4 - B5 FROM THE PLANNING COMMISSION MEETING OF SEPTEMBER 16~ 1996:
INFORMATION ONLY -APPEAL PERIOD ENDS SEPTEMBER 26, 1996:
B4. 134: REQUEST FOR DETERMINATION OF CONFORMANCE WITH THE GENERAL PLAN
FOR COUNTY USE OF DONATED SPACE:
REQUESTED BY: COUNTY OF ORANGE, GENERAL SERVICES AGENCY, Attn: Donna
Garza, Real Property Agent, 14 Civic Center Plaza, Third Floor, Santa Aha, CA 92701
LOCATION: 1401 South Anaheim Boulevard.
The County requests determination of conformance with the General Plan for County use of
donated space for a Youth and Family Resource Center.
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined to be in conformance with the General Plan.
Council Member Lopez. As discussed earlier, the Council was advised that the County can do what they
wish to do. He reiterated his concern is not necessarily with the use, but that all residents in the area and
the School District were contacted. He is not totally satisfied but he is not going to ask for a Public
Hearing.
Mayor Daly. He clarified that the Council does not have any discretion to do so in this case.
B5. 134: REQUEST FOR DETERMINATION OF CONFORMANCE WITH THE GENERAL PLAN
FOR LEASE OF OFFICE SPACE:
REQUESTED BY: COUNTY OF ORANGE, GENERAL SERVICES AGENCY, Attn: Dave
Singer, Real Property Agent, 14 Civic Center Plaza, Third Floor, Santa Ana, CA 92701
LOCATION: 2035 East Ball Road.
The County requests determination of conformance with the General Plan for County use of
leased office space for the Health Care Agency's Patience and Pednatal Programs.
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined to be in conformance with the General Plan.
END OF THE PLANNING COMMISSION ITEMS.
B6.
179: ORDINANCE NO. 5579: Amending Title 18 to rezone property under Reclassification No.
90-91-24 located at 1680 West Broadway from the CG zone to the CL zone. (Introduced at the
meeting of September 17, 1996, Item B2).
Mayor Daly offered Ordinance No. 5579 for adoption. Refer to Ordinance Book.
ORDINANCE NO. 5579: AMENDING TITLE 18 TO REZONE PROPERTY UNDER
RECLASSIFICATION NO. 90-91-24 LOCATED AT 1680 WEST BROADWAY FROM THE CG
ZONE TO THE CL ZONE
Roll Call Vote on Ordinance No. 5579 for adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
MAYOR/COUNCIL MEMBERS: None
MAYOR/COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 5579 duly passed and adopted.
15
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES SEPTEMBER 24, 1996
ITEMS B7 - B9 FROM THE ZONING ADMINISTRATOR MEETING OF SEPTEMBER 12, ~1996:
DECISION DATE SEPTEMBER 19, 1996:
INFORMATION ONLY -APPEAL PERIOD ENDS SEPTEMBER 30, 1996:
B7.
170: TENTATIVE PARCEL MAP NO. 96-146 CATEGORICALLY EXEMPT~ CLASS 15:
OWNER: The Anaheim Housing Authority, Bertha Chavoya, 201 South Anaheim Boulevard,
Anaheim, CA 92805
Orange County Community housing Corp., Alan Baldwin, 1833 East 17th Street, Suite 207,
Santa Aha, CA 92701
LOCATION: Generally consisting of those properties located on the east and west side of Citron
Street between Romneya Drive to the north and La Palina Avenue to the south and also
including those properties located on the north and south side of Hall Avenue, victor Avenue,
Julianna Avenue and Bywood Avenue extending approximately 325 feet east of the centerline of
Citron Street.
Request to establish a 2-lot subdivision to consolidate lots for the South of the Romneya Drive
project.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Approved Tentative Parcel Map No. 96-146 (ZA Decision No. 96-25).
B8.
170: TENTATIVE PARCEL MAP NO. 96-151 CATEGORICALLY EXEMPT, CLASS 15:
OWNER: CAFIG, INC., Jerome M. Ferstman, 4420 Sherwin Road, Willoughby, OH 44094
AGENT: Jue~gen Milczewsky, 3040 Saturn Street, Suite 201, Brea, CA 92821
LOCATION: 522~ 600. 602.604 & 708 East Vermont Avenue. Property is a retangulariy shaped
parcel of land consisting of approximately 18.67 acres located at the southwest corner of
Vermont Avenue and Orange Avenue.
Request to establish a 2-lot subdivision of an industrial property with waiver of Code Section
17.08.390 dedication requirements.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Tentative Parcel Map No. 96-151 APPROVED (ZA Decision No. 96-30).
B9.
170: TENTATIVE PARCEL MAP NO. 96-145, VARIANCE NO. 4294 AND NEGATIVF
DECLARATION:
OWNER: Raymond and Connie Masciel, 1127 West North Street, Anaheim, CA 92805
AGENT: Gary Masciel, P.O. Box 1241, Anaheim, CA 92803
LOCATION: 700 North East Street.. Property is approximately 0.39 acre on the east side of
East Street approximately 100 feet south of the centerline of Wilhelmina Street.
Waiver of minimum lot width and minimum lot area to establish a 2-lot, RS-7,200 single-family
subdivision.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Tentative Parcel Map No. 96-145 APPROVED (ZA Decision No. 96-27).
Approved Variance No. 4294
Approved Negative Declaration.
Council Member Zemel. He asked for specifics regarding lot width.
Annika Santalahti, Zoning Administrator. The proposed configuration of the parcel map is for two lots,
one being a panhandle shaped lot. The front part will be about 70' wide and would be one lot. There
would be a 20' driveway coming along the south property line to the rear lot. The 70' wide lot will also be
taking vehicular access from the 20' driveway. The 20' is a driveway physically and will go back to a lot
that is developable with a house. As part of the hearing process, she asked the subdivider to submit a
drawing to show he could put a house on the lot that resulted and that can be done with valid setbacks.
16
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES SEPTEMBER 24~ 1996
The entrance will be from East Street. The handle piece is 20' wide and a front yard is typically 20-25'
wide. The proposed configuration resulted in more than 5' side yards on the east and west sides, a 15'
mar yard which is the minimum depth for a rear yard, and a 25' front yard. There would be a shallower
rear yard than normal. However, the lacking 10' would easily be provided in the tail portion. It is unusual
but 20' is the width of a two-car garage. However, the drawing submitted showed the garage in
connection with the house. The lot tl~at is actually getting the waiver is the front lot, about 5,600 sq. fl.
vs. 7,200. The back lot which includes the panhandle ends up being a lot with two portions sticking out
on each side. It is around 5,000 sq.ft, in the rectangular portion only.
Council Member Zemel. He asked staff for additional information and also questioned whether he could
set the matter for a Public Headng himself if he chose to do so after getting further information.
City Attorney White clarified that it would be necessary for two Council Members to set a hearing; Ms.
Santalahti stated she will prepare a memo that will summarize the proposal.
Mayor Daly. Before approving a lot split on a busy street like East Street, he would like to see how the
houses are going to be situated and how the proposed widening of East Street will be dealt with.
Annika Santalahti. She will provide a copy of the drawing submitted along with her memo. Relative to
the widening of East Street, it is required by code to make the dedication and they did not object to that
but it is not conditioned on that.
City Attorney White. He reminded the Council if they had a problem with any of the items under the B.
portion of the agenda that on Items BI. - B3. they have until Thursday, September 26, 1996 to set the
matter for a Public Hearing and on Items B7. - B9. until Monday, September 30, 1996 when the appeal
pedod ends. A memo to the City Clerk signed by two Council Members would be the way to do so.
DI.
175: PUBLIC HEARING - CREATION OF UTILITIES UNDERGROUND DISTRICT NO. 24 -
WESTERN AVENUE: To consider approval of the creation of Underground Distdct No. 24
(VVestem Avenue) in accordance with the requirements of Chapter 17.24 of Title 17 of the
Anaheim Municipal Code relating to Underground Utilities.
On May 14, 1996, the City Council approved the Public Utilities Department's Underground Conversion
Program Five-Year Plan. Underground District No. 24 is being created in accordance with the plan.
LOCATION: The proposed Undergreund District No. 24 is created to provide for the
undergreunding of overhead utilities on Western Avenue south of Lincoln Avenue to the South
City Limit, and crossing streets as shown on the Underground District No. 24 - Western map.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News - September 12, 1996
Mailing to property owners within 300 feet - August 30, 1996
Posting of property - September 6, 1996
STAFF iNPUT:
Submitted was report dated September 24, 1996 from the Public Utilities General Manager, Ed Aghjayan
recommending approval of the subject Underground District,
Dale Tarkington, Assistant General Manager, Electdc Services. He briefed the design specifics of the
proposed Underground District, the cost, start date and anticipated completion date. His presentation
was supplemented by slides of the location (before) and a computer-generated slide showing what the
street will look like after the undergrounding which will bring about a dramatic improvement.
17
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES SEPTEMBER 24, 1996
Mayor Daly. This project was reviewed and approved by the Council in previous months as part of the
five-year plan. He then opened the Public Hearing.
Jeff Kirsch, 2661 W. Palais, Anaheim. He has been at almost eve~j previous Public Hearing on
undergrounding and has not changed his opinion about the plan. He is opposed and believes there are
many more appropriate uses for rate payers money than undergrounding which is purely cosmetic.
There are many excellent projects which have been initiated by the Utilities Department but not this one
area. He reiterated, he feels the money could be put to better use.
Since there was no additional public input, Mayor Daly closed the Public Headng.
Mayor Daly offered Resolution No. 96R-168 for adoption. Refer to Resolution Book.
RESOLUTION NO. 96:R-168: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM CREATING UNDERGROUND DISTRICT NO. 24 (WESTERN AVENUE).
Roll Call Vote on Resolution No. 96R-168 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-168 duly passed and adopted.
D2. 175: PUBLIC HEARING - CREATION OF UTILITIES UNDERGROUND DISTRICT NO, 25 -
BROADWAY/GILBERT STREET: To consider approval of the creation of Underground Distdct
No. 25 (Broadway/Gilbert Street) in accordance with requirements of Chapter 17.24 of Title 17 of
the Anaheim Municipal Code relating to Underground Utilities.
On May 14, 1996, the City Council approved the Public Utilities Department's Underground Conversion
Program Five-Year Plan. Underground Distdct No. 25 is being created in accordance with the plan.
LOCATION: The proposed Underground Distdct No. 25 is created to provide for the
undergrounding of overhead utilities on Gilbert Street from north of Broadway to north of Lincoln
Avenue, and crossing streets as shown on the Underground District No. 25 - Broadway/Gilbert
Street map.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News - September 12, 1996
Mailing to property owners within 300 feet - August 30, 1996
Posting of property - September 6, 1996
STAFF INPUT:
Submitted was report dated September 25, 1996 from the Public Utilities General Manager, Ed Aghjayan
recommending approval of the subject Underground District.
18
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES SEPTEMBER 24~ 1996
city Clerk Sohl. She reported that there was a problem with the legal notice published relative to this
Public Hearing. Dates were changed a number of times and ultimately the legal notice that was mailed
and published included two dates, September 24 and also October 8, 1996 which is confusing. Her
recommendation, and she believes the City Attorney concurs, is that the Public Hearing should be held
but no action taken and subsequently continue the matter to October 8, 1996 in case citizens show up on
that date.
Mayor Daly asked for a staff presentation.
Dale Tarkington, Assistant General Manager, Electric Services. He briefed the design specifics of the
proposed Underground District, the cost, start date and anticipated completion date. His presentation
was supplemented by slides of the location (before) and a computer-generated slide showing what the
street will look like after the undergmunding which will bring about a dramatic improvement.
Mayor Daly also emphasized that the undergrounding will dramatically improve the appearance of the
Savannah High School property and the Dad Miller Golf Course property since the lines presently run
right in front of those properties.
Mayor Daly opened the Public Hearing.
Jeff Kirsch. He stated his objection is the same as in the previous Public Headng (re: Underground
Distdct No. 24) and would like those comments entered into the record of this hearing as well.
Mayor Daly. The Public Hearing is recommended to be continued to October 8, 1996.
MOTION. Council Member Zemel moved to continue the Public Headng on Underground Distdct No. 25
until October 8, 1996~ Mayor Daly seconded the motion. MOTION CARRIED.
RESOLUTION NO. - .... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM CREATING UNDERGROUND DISTRICT NO. 25 (BROADWAY/GILBERT STREET).
Cl. REPORT ON CLOSED SESSION ACTIONS:
City Attorney Jack White Stated that there are no actions to report.
C2. 114: VACANT SERVICE STATIONS ON CORNER LOTS: Council Member Feldhaus, A few
months ago, Mayor Daly asked for a repo~l on the status of closed service stations in the City. An
extensive report was submitted by staff relative to these corner lots. It seems as though everything is
standing still again, He believes the City's ordinance states that after nine months of non-activity on a
service station, it is considered out of business. He asked how they can make sure those station lots are
maintained, i.e., keeping the weeds down, taking care of broken windows, falling fences, etc. He asked
the status.
Tom Wood, Deputy City Manager. Staff will prepare a follow-up report.
Council Member Lopez. He has been observing the situation and notes that a lot of the stations have
cleaned up their lots. They are getting the word, most notably on Lincoln Avenue and Ball Rd. He is
pleased with the progress but agrees that it is time to do a follow-up.
19
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES SEPTEMBER 24, 1996
C2. 114: ENTRYWAY MONUMENTS: Mayor Daly. He noted the memo from Deputy City Manager
Wood regarding entryway monument signs, a couple of which had been installed in the past few months.
He has heard quite a few positive comments on the signs. They are an attractive welcome to the City.
He also noted in a previous memo from Mr. Wood that a proposed installation for the 1996/97 fiscal year
is to be on Struck Avenue east of the 57 Freeway and Douglass Road, Struck Avenue being in Orange.
Tom Wood. He explained that it is actually Katella Avenue and not Struck and is located across from
the Arrowhead Pond. He clarified for Council Member Lopez that the signs already installed are only a
start. The two were installed first to be sure everyone was agreeable to the size and style of the signs.
Another group of signs is planned for next year.
ADJOURNMENT: By general Council consent, the City Council Meeting of September 24, 1996 was
adjourned (7:35 p.m.).
LEONORA N. SOHL
CITY CLERK
2O