1996/02/13CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES
FEBRUARY 13, 1996
PRESENT:
ABSENT:
PRESENT:
The City Council of the City of Anaheim met in regular session.
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
ASSISTANT CITY CLERK: Ann M. Sauvageau
UTILITIES GENERAL MANAGER: Edward Aghjayan
UTILITIES ASSISTANT GENERAL MANGER-FIN. & ADMIN.: Mike Bell
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 1:50 p.m. on
February 9, 1996 at the Civic Center kiosk, containing all items as shown herein.
Mayor Daly called the workshop portion of the Council Meeting of 2/13/96 to order and welcomed those in
attendance (3:16 p.m.).
City Manager, James Ruth. This is the time for the workshop on an update of the electric industry restructuring.
Mr. Ed Aghjayan, Public Utilities General Manager will give the presentation.
175: ELECTRIC INDUSTRY RESTRUCTURING UPDATE: Mr. Ed Aghjayan, Public Utilities General Manager.
This is a pedodic update to inform the Council what is happening relative to the subject. He will bdef the
Council on the activity in the regulatory environment both at the California Public Utility Commission (CPUC)
and the Federal Energy Regulatory Commission (FERC) and talk about how that impacts their strategy as well
as informing the Council of the Utilities Department strategy preparing for deregulation of the industry and the
dates and times when the industry will reach some level of stability in the future. Mr. Aghjayan's presentation
was supplemented by slides, hard copies of which were submitted to the Council. (See, Electric Utility Industry
Restructuring - Impact on Anaheim - made a part of the record). The presentation covered the most recent
actions of the CPUC and FERC. Those actions could mean higher transmission costs for Anaheim but with
more opportunity for lower cost of power. However, in evaluating the situation, Utilities is now of a mind that
they will not pay more but will also still get cheaper power. How the rules are written will predicate whether or
not they do well.
Mr. Aghjayan covered the following in his presentation - what the change means for Anaheim, Anaheim's
strategies for industry restructuring (1. Operating Cost Reductions (present and future), I1. Debt Management,
Ill. Competition, IV. Rates--immediate and long term), cost reduction achievements FY95/96, (operating cost
reductions, SONGS reductions, IPA reductions, SCPPA reductions, San Juan reductions, other power cost
reductions), strategies for operating cost reductions, debt management, competition, rates management-
immediate and long term, Anaheim's role in the restructuring process, and results at the State and Federal
level. He also briefed the range of annual transmission cost outcomes and summarized the bottom-line results
of restructuring, some points being that Anaheim is and will remain competitive, that the City will have to
complete the transition in the next 8-10 years to be ready to compete in the ~new world", that Anaheim citizens
and businesses will continue to see Iow rates, and that the City's electric utility future is bright if they carry out
the strategies to compete and make the necessary changes.
CITY OF ANAHEIM. CALIFORNIA COUNCIL MINUTES FEBRUARY 13. 1996
Dudng and at the conclusion of Mr. Aghjayan's presentation, Council Members posed questions relative to
specifics of some of the data presented.
Mayor Daly thanked Mr. Aghjayan and his staff for the informative presentation. They look foward to the next
update on this important issue.
City Manager Ruth. Staffwill keep the Council advised on this rapidly changing industry.
City Manager Ruth. The second workshop presentation today is on the Sanitation Distdct Flow Control. Tom
Wood, Deputy City Manager will introduce the subject and the speaker.
148: SANITATION DISTRICT FLOW CONTROL: Tom Wood, Deputy City Manager. He is pleased today to
ina'educe Mr. Don Maclntyre, Head of the Sanitation District, who is in the process of making a proposal to the
County relative to taking over the County landfill operations.
Don Maclntyre, Sanitation District. Tomorrow night, the Sanitation District Board is being asked to make a final
decision to acquire the landfills from the County. This is a product of about five month of due dilligence on the
part of staff and a panel of consultants dealing with the financial and environmental aspects of this issue. Their
leadership believes the County landfills are important assets of the citizens of the County and that they should
be maintained in public ownership. They feel that the County's administration of that system has been lees than
efficient as it might be and after looking at the numbers, that they can acquire the system. The proposal is to
pay the County 15 million dollars a year for 20 years which satisfies their bankruptcy requirements with respect
to utilization of that asset. The position they are taking - the district is not purchasing the asset but simply
changing the management and willing to assume all of the assets and liabilities in return for the payment of that
15 million for 20 years as a way to help insure that the bankruptcy gets resolved.
There are two major hurdles yet to be achieved - (1) to convince the County that that number should be
satisfactory which will not be an easy sell since some Supervisors believe it is worth much more and, (2)
whether or not they get the 90% flow control they need if the system is going to produce the kind of results they
need to make it work. They are proposing to create a new sanitary district comprised of those cities and
sanitation districts who will be affected County wide. Anaheim will continue to have representation on that
beard. They believe it is in the hands of the City Councils of the County to make decisions about the operation
of the landfills and the tipping fees, etc. Tipping fees are now $35 a ton which they would expect to lower to
$30/ton to start and depending on how much savings they realize by privafization of the landfill sites, they feel
more can be saved.
About 70 days ago, they made a proposal to the County to enter into exclusive negotiations. The County gave
75 days to present a firm and final offer and the end of that period is February 18, 1996. They meet again
tomorrow night to make an offer which he feels the District Board will approve. They will then be given perhaps
60 days to get tipping fee agreements from the cities in order to make the proposal work. The City Manager
has not yet received the numbers that are the product of the consultant's work because they want to give them
to the Board first. He is not present today to ask the Council to take a vote, but to let the Council know they are
moving fonNard aggressively and also to answer questions. The tipping fee agreement draft which they have
sent to the City talks about a 20-year agreement but they have concluded that will not work and it will be a 30-
year agreement. That is one change and a revised copy will be submitted which will be sent out with the actual
consultant's numbers. They plan to set up two or three meetings in the County and will invite City Managers
and also Council Members, if they wish to attend, to sit down with the consultants to find out in great detail how
they arrived at the numbers, what assumption they used and hopefully make everyone comfortable that they
have done due dilligence. If there are any questions, Mr. Blake Anderson, Ass't. General Manager/Sanitation
Distdct is also present.
CITY OF ANia. MEIM. CALIFORNIA COUNCIL MINUTES FEBRUARY 13. 1996
Council Member Zemel (Anaheim's Representative on the Sanitation District Board) stated he has not been
supportive at Board meetings of the proposal that Mr. Maclntyre outlined. The proposal stems from the County
bankruptcy and appears just to be a reshuffling of governments and he has real problems with it. It also now
appears to be on a fast track and he would like to know how this is happening and how the fig ures were ardved
at going from $35 to $30/ton tipping fee.
Mr. Maclntyre explained how the figure was determined summarizing the high overhead cost the County
charges and the fact that the County has no flow control, the opportunity to privatize the landfill operations, and
the control over the flow which they can use and sell to out-of-state people as well. If they have 90% control
over the waste stream, they could be a powerful negotiator.
Additional discussion between Council Member Zemel and Mr. Maclntyre followed wherein Council Member
Zemel continued to express concern over the speed with which the matter is being handled, and at an
unscheduled meeting to be held on a semi-holiday night. He does not know how many members will be able
to attend and he for one cannot be at the meeting. He is not supportive of the way, all of a sudden, there has
to be a special meeting. He feels it would be wise to have ~all ducks in order" before this happens. The
proposal has not gone out for an RFP (Request for Proposal) to private industry. It is one government agency
taking over another. He questions why they are cimumventing private industry.
Mayor Daiy interjected and stated that the Board of Supervisors launched a process and it is not fair to ask Mr.
Macintyre to explain the thinking of the legally responsible individuals for the trash system at the present time.
They need to talk about the process that has been set in motion by the Supervisors and if there is a
disagreement, they should question the Board of Supervisors.
Don Maclntyre. If the proposal does not go forward with the Sanitation District, the County does want to call
for bids.
Council Member Zemel. As one Council Member, his input is that he would like to see it be an open process.
Council Member Tait. He asked if there had been any proposals from the private sector to purchase the landfill.
Don Maclntyre. Not formally because the County has not solicited bids. If they do not agree within the next 60+
days, they said they would call for proposals from the pdvate sector. They have not done so as yet. There has
been an expression of interest from saverel private companies but whether they are prepared to buy the landfills
with all their liabilities is the question. There are now 21 closed sites that have to be in compliance with all
Federal and State regulations. He confirmed they have not formally been asked.
Mayor Daly thanked Mr. Maclntyre for his presentation and for keeping the Council informed on an issue that
is very important to the City of Anaheim.
REQUEST FOR CLOSED SESSION:
City Attomey Jack VVhite requested a Closed Session noting first that there are no additions to Closed
Session items.
CITY OF ANi~.HEIM. CALIFORNIA COUNCIL MINUTES FEBRUARY 13. 1996
PUBLIC COMMENTS-CLOSED SESSION ITEMS:
There wem nopubliccommen~relativetoClosedSessionitems.
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: In re: CountyofOrange, Debtor, U.S. Bankruptcy Court, Central District Case No. SA
94-22272.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - EXISTING LITIGATION
Name of Case: In the matter of Rosen's Electrical Equipment Co., Environmental Protection Agency,
vs. City of Anaheim, DTSC Docket No. I&/SE95/9§-002
PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Title: City Attorney
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: Juliette Low School
Negotiating parties: City of Anaheim, Magnolia School District
Under negotiation: Price and terms
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: Anaheim Stadium
Negotiating parlJes: City of Anaheim, Goldenwest Baseball Co., and Disney Baseball Enterprises, Inc.
RECESS:
Mayor Daly moved to recess into Closed Session. Council Member Lopez seconded the
motion. MOTION CARRIED. (4:00 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. (5:55p.m.)
INVOCATION:
Moment of Silence: A moment of Silence was observed in lieu of an invocation. Mayor Daly asked that
it be dedicated in memory of the recent passing of Jay Walton, a member of long standing on the
Board of the Anaheim Chamber of Commeme.
FLAG SALUTE:
Council Member Lou Lopez led the assembly in the Pledge of Allegiance to the Flag.
CITY OF ~.NAHEIM. CALIFORNIA COUNCIL MINUTES FEBRUARY 13. 1996
119: RECOGNITIONS AUTHOR~ED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT
ANOTHER TIME:
2.
3.
4.
5.
PROCLAMATION recognizing February 17, 1996, as Hug Day in Anaheim.
DECLARATION recognizing A. C. "Pat" Irot as 1995-96 Woman of Achievement.
DECLARATION recognizing Melissa Tyler Wackerman as Young Careerist for 1995-96.
DECLARATION recognizing Mary Kay Cosmetics for being awarded the Golden Nike Award.
PROCLAMATION honoring ltv Pickler, as selected by Cypress College Foundation, as the 1996
Citizen of the Year in Anaheim.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,772,361.32 for the period ending February 9,
1996, in accordance with the 1995-96 Budget, were approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority
meeting. (5:57 p.m.)
Mayor Daly reconvened the City Council meeting. (5:57 p.m.)
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
Peter DiGiambaffista, 204 N. Ventura, Anaheim. He spoke relative to the possible move of the Seattle Seahawks
football team to Southern California and the use of the Juliette Lowe School facilities for their practice tieid. The
Magnolia School Dis~ict is already ovemrowded and the Juliette Lowe School needs to be converted back to school
purposes. If Anaheim wants the Seattle Seahawks, he asked that they wait until it is morally and legally dght to do
so and return the Lowe School back to its original intention.
Mayor Daly stated that they will keep his perspective in mind.
Kathel~ne Loken. She is from InfraNet, Inc. and during the past few months, they have had an opportunity to meet
with staff several times on telecommunications items. She is submitting a nonsolicited conr,:lential bid or an
integrated community networks opportunity for the City tonight and would like the Council to consider looking at
their bid, reviewing it with City staff and, if it is something they would like to pursue, to give them a call. She
thereupon submitted five copies of the bid.
Mayor Daly. The City Manager will see to it that they receive copies. Some type of response will be prepared after
it has been analyzed.
5
CITY OF ANAHEIM. CALIFORNIA COUNCIL MINUTES FEBRUARY 13. 1996
Jane Garrison, 3 Tawny Port, Dana Point. She does 90% of her business in Anaheim and is a member of the
Chamber of Commerce and Visitor and Convention Bureau. A tragic event occurred at the Anaheim Pond (Arena)
where a horse was Idlled in front of 6,000 spectators. On the Council's behalf, she asked hundreds of people not
to attend the Council meeting tonight and instead to let her represent their facts. The horse killed was because of
one reason only. Regardless of what any rodeo sponsors say, the horse was killed because it was put in a situation
that had a high probability of ending in injury or death. It is not an isolated incident, but occurs every time a rodeo
takes place. The horse had on it what is called a flank strap which is a piece of leather that is sheepskin lined pulled
very fight around the horse's abdomen and genitals and causes excruciating pain which causes the animal to buck.
The horse was in so much pain that it bucked itself into the gate, collapsed and died. This happens in the country
all the time eve~ day. The Humane Society of the United States and the American Humane Association are urging
areas in the country to pass an ordinance that other areas have passed. She is present hoping that the City will
pass an ordinance that has been passed in Pittsburgh, Rhode Island, Virginia, Ohio and all of England. It would
eliminate the abuse at a rodeo and keep it what it originally was meant to be - a competition of roping and riding
sldlls. She hopes to have the opportunity to meet with the Council on an individual basis to discuss the matter. It
is necessary to teach children nonviolence and to respect all living things, animals and humans. They have to be
taught they cannot abuse animals for entertainment. She is aware that the Pond can invite anyone they want to but
if there is a City law, they would have to abide by that law.
Mayor Daly. They will ask the City Manager and City Attorney to evaluate any materials she has on the subject. If
she has language that has been adopted in other communities it will be evaluated and a recommendation made
to the Council.
Jim Sm~, Smith Digital Creations Group. He is present this evening to get a quick shot of the Council and the City
Seal for the Chamber of Commerce, Celebrate Anaheim video that will be shown at the Stakeholder's Luncheon
on February 28, 1996 at the Anaheim Marriott. He invited all to attend.
PUBLIC COMMENTS - AGENDA ITEMS:
Thre were no public comments on City Council Agenda items.
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for
the Council meeting of February 13, 1996. Council Member Zemel seconded the motion.
MOTION CARRIED.
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 furnished each Council Member and as listed on the Consent
Calendar; Mayor Daly offered Resolution Nos. 96R-18 through 96R-24, both inclusive, for adoption. Refer to
Resolution Book.
CITY OF AN~,HEIM. CALIFORNIA COUNCIL MINUTES FEBRUARY 13. 1996
Al.
118: The following claims were filed against the City and action taken as recommended:
Claims rejected and referred to Risk Management:
a. Claim submitted by Selman Chevrolet Company c/o Thomas A. Marshall, Esq.for indemnity arising
purportedly due to actions of the City on or about February 21, 1995. (Main Action: Jimmie
Thompson, et al vs. General Motors, et al. OCSC No. 7552 60)
b. Claim submitted by Donna Dunlevy for bodily injury sustained purportedly due to actions of the City
on or about December 6, 1995
c. Claim submitted by Billy E. Ward for property damage sustained purportedly due to actions of the
City on or about July 1, 1995.
d. Claim submitted by Cheryl Savala-Lalicker for property damage sustained purportedly due to
actions of the City on or about January 1, 1996.
e. Claim submitted by Edwin Romero. for property damage sustained purportedly due to actions of
the City on or about November 17, 1995.
f. Claim submitted by Antonio Hemandez for property damage sustained purportedly due to actions
of the City on or about January 1, 1996.
g, Claim submitted by Allen J. Tschirhart for property damage sustained purportedly due to actions
of the City on or about December 23, 1995.
h, Claim submitted by Jamie L. Snavely for property damage sustained purportedly due to actions
of the City on or about November 13, 1995.
I. Claim submitted by State Farm Insurance Company (Ralph Winnick, Insured) For property
damage sustained purportedly due to actions of the City on or about September 18, 1995.
J. Claim submitted by Robert and Petra Wolfe for property damage sustained purportedly due to
actions of the City on or about January 1,1996.
k. Claim submitted by Cameron D. Leavenworth for property damage sustained purportedly due to
actions of the City on or about January 1, 1996.
I. Claim submitted by Bradley Thomas Pearce for property damage sustained purportedly due to
actions of the City on or about December 16, 1995.
m. Claim submitted by Chandrakant J. Parmar for property damage sustained purportedly due to
actions of the City on or about December 18, 1995.
105: Receiving and filing minutes of the Budget Advisory Commission meeting held November 15, 1995.
105: Receiving and tiling minutes of the Anaheim Private Industry Council meeting held October 26, 1995.
7
CITY OF i~NAHEIM. CALIFORNIA COUNCIL MINUTES FEBRUARY 13. 1996
A3.
A4.
A5.
A6.
A7.
A8.
A9.
Al0.
173: Receiving and tiling correspondence tiled before the Public Utilities Commission of the State of
California in fl3e matter of the application of Pacitic Bell (U 1001 C), a corporation, for authority to increase
and restructure certain rates of its Integrated Services Digital Network Services (Application 95-12-043).
105: Receiving and tiling minutes of the Public Utilities Board meetings held December 7, 1995, and
January 4, 1996.
128: Receiving and tiling the Monthly Financial Analysis for six months ended December 31,1995.
176: RESOLUTION NO. 96R-18: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE
EASEMENTS; AND SETTING A DATE AND TIME TO CONSIDER ABANDONING THAT CERTAIN
EASEMENT FOR SEWER PURPOSES RUNNING OVER AND ACROSS THAT CERTAIN PROPERTY
LOCATED ON THE WEST SIDE OF CLAUDINA WAY, NORTH OF KATELLA WAY (ABANDONMENT
NO. 96-2A). (Suggested public hearing date: March 12, 1996 at 6:00 p.m.)
169: RESOLUTION NO. 96R-19: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING THE SUBMITTAL OF ONE IMPROVEMENT PROJECT TO THE ORANGE COUNTY
TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION
FUNDING PROGRAM. (HARBOR BOULEVARD WIDENING AND IMPROVEMENT BETWEEN 400'
NORTH OF BALL ROAD TO 360' SOUTH OF VERMONT AVENUE).
158: RESOLUTION NO. 96R-20: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AUTHORIZING EXECUTION OF A QUIT CLAIM DEED TO CERTAIN REAL PROPERTY OR INTERESTS
THEREIN (ACCESS EASEMENT - RNV 5148) (MUTUAL INGRESS AND EGRESS EASEMENTS PER
AGREEMENT FILED AS INSTRUMENT NO. 83-309545 IN ORANGE COUNTY RECORDS AS
REQUESTED BY MANUFACTURERS LIFE INSURANCE COMPANY).
123: Authorizing the Mayor and City Clerk to execute an Agreement with Kimley-Horn & Associates, Inc.,
in an amount not to exceed $89,998.21 to develop a Smart Corridor Implementation Plan.
123: Approving an Agreement with Johnson-Frank & Associates to provide map and plan checking
services, in an amount not to exceed $50,000 annually for the Public Works Department, Subdivision
Section.
160: Accepting the Iow bid of Grinnell Fire Protection Systems Company, in the amount of $32,748 for
converting the two Halon 1301 tire suppression systems in the Peaking Plant Control Building to FM200
systems, in accordance with Bid #5475.
160: Accepting the bid of Manley Boiler Repair, Inc., Signal Hill, in the amount of $49,430 for the fabrication
and installation of a new steam blowdown sump, in accordance with Bid #5476.
152: RESOLUTION NO. 96R-21: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM)DESIGNATING CERTAIN PERSONS TO ACT ON BEHALF OF THE CITY OF ANAHEIM IN
APPLYING FOR AND OBTAINING FEDERAL AND/OR STATE FINANCIAL ASSISTANCE PERTAINING
TO A NATURAL DISASTER (SANTIAGO LANDSLIDE - FEMA 979 DR.
152: RESOLUTION NO. 96R-22: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
DESIGNATING CERTAIN PERSONS TO ACT ON BEHALF OF THE CITY OF ANAHEIM IN APPLYING
FOR AND OBTAINING FEDERAL AND/OR STATE FINANCIAL ASSISTANCE PERTAINING TO A
NATURAL DISASTER (NORTHRIDGE EARTHQUAKE - FEMA 1008 DR)
8
CITY OF /~/~AHEIM. CALIFORNIA COUNCIL MINUTE8 FEBRUARY X$. 1996
152: RESOLUTION NO. 96R-23: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
DESIGNATING CERTAIN PERSONS TO ACT ON BEHALF OF THE CITY OF ANAHEIM IN APPLYING
FOR AND OBTAINING FEDERAL AND/OR STATE FINANCIAL ASSISTANCE PERTAINING TO A
NATURAL DISASTER (JANUARY 1995 FLOOD DISASTER - FEMA 1044 DR)
152: RESOLUTION NO. 96R-24: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
DESIGNATING CERTAIN PERSONS TO ACT ON BEHALF OF THE CITY OF ANAHEIM IN APPLYING
FOR AND OBTAINING FEDERAL AND/OR STATE FINANCIAL ASSISTANCE PERTAINING TO A
NATURAL DISASTER (MARCH 1995 FLOOD DISASTER - FEMA 1046 DR).
A11. 123: Approving an A~reement with the Anaheim Mardott Hotel for additional Police services on a year-to-
year basis.
A12.
123: Approving an Agreement with John Spalding, in an amount not to exceed $48,000 for consulting
services to assist the Public Utilities Department in the development of a universal telecommunications
system; and authorizing the Public Utilities General Manager to execute said agreement and any other
related documents on behalf of the City.
A13.
123: Approving a Sublease Agreement for office space rental (1548 square feet of space in the Gate 6
office/warehouse facility at Anaheim Stadium) between the City of Anaheim and Newport Entertainment
Incorporated; and authorizing the Stadium General Manager to renew the agreement for additional 12-
month pedods upon the same terms and conditions.
City Manager Ruth requested this item be continued to February 27, 1996. There are still some negotiations
ongoing with the future tenant who has requested a continuance.
A14.
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, concerning the Santiago Landslide and
Pegasus Landslide in the City of Anaheim; and taking no action to terminate the local emergency at this
time.
A15.
123: Consenting to the assignment of certain agreements concerning the California Angels professional
baseball team from the Golden West Baseball Co., a Delaware Corporation, to the California Angels L.P.,
a California limited partnership; and authorizing the Mayor to execute said consent on behalf of the City.
A16. 114: Approving minutes of the Anaheim City Council meeting held January 23, 1996.
Roll Call Vote on Resolution Nos. 96R-18 throuqh 96R-24, both inclusive, for adoption:
AYES: COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 96R-18 through 96R-24, both inclusive, duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
9
CITY OF i%NAHEIM. C~LIFOI~NI~ COUNCIL MINUTES FEBRUARY 13. 1996
ITEMS B1 - B12 FROM THE PLANNING COMMISSION MEETING OF
JANUARY 22~ 1996
INFORMATION ONLY- APPEAL PERIOD ENDS FEBRUARY 13~ 1996
BI.
179: CONDITIONAL USE PERMIT NO. 3642 AND NEGATIVE DECLARATION:
OWNER: DORIS K. RICHTER, 5505 Garden Grove Boulevard, #150, Westminster, CA 92683
AGENT: OFELIA CASTELLANOS, C/O J. C. Fandangos, 1086 N. State College Boulevard, Anaheim, CA
92806
LOCATION: 1086 N. State College Boulevard (J C FandanRo Restaurant and night club). Property is
approximately 9.07 acres located north and east of the northeast corner of La Palma Avenue and State
College Boulevard.
Petitioner requests modification of a condition of approval pertaining to the limitation of time to retain a
restaurant and nightclub expansion including a public dance hall with on-premise sale and consumption
of alcoholic beverages.
ACTION TAKEN BY THE PLANNING COMMISSION:
Modified conditions of approval of CUP NO. 3642 (to expire 11/1/96) (PC96-8) (5 yes votes, 2 absent).
Negative Declaration previously approved.
B2.
179: VARIANCE NO. 4284, CATEGORICALLY EXEMPT. CLASS 11:
OWNER: WEIR PARTNERS, LTD., 2910 Red Hill Avenue, Ste. 110, Costa Mesa, CA 92626
AGENT: HEATH & CO, Attn: Roy Ramirez, 3225 Lacy St., Los Angeles, CA 90031
LOCATION: 701-781 South Weir Canyon Road (Sycamore Canyon Plaza), Property is approximately 11.9
acres located at the southwest corner of Weir Canyon Road and Serrano Avenue.
Petitioner requests waiver of permitted number of commercial entry signs to construct a 7-foot high, 28-
square foot, monument sign.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4284 GRANTED (PC96-9) (5 yes votes, 2 absent).
B3.
179: CONDITIONAL USE PERMIT NO. 2992, CATEGORICALLY EXEMPT. CLASS 21:
INITIATED BY: City of Anaheim, Code Enforcement Division, 200 S. Anaheim Blvd., 5th Floor, Anaheim,
CA 92805
PROPERTY OWNER: LEONARD and CYNDIE CHAIDEZ, 10091 Highcliff Drive, Santa Ana, CA 92705
LOCATION: 507 S. Lemon Street (Leonard Chaidez Tree Service}. Property is approximately 0.56 acre
located at the southwest corner of Santa Ana Street and Lemon Street.
City-initiated request to consider revocation or modification of Conditional Use Permit No. 2992 (to permit
a tree service contractor's yard) pursuant to Section 18.03.091 of the Anaheim Municipal Code.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 2992 GRANTED, a two year time extension, to expire 1/22/98 (PC96-10) (5 yes votes, 2 absent).
B4.
179: CEQA EXEMPTION SECTION NO. 15061 (b) (3)
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 96-01:
OWNER: MFC-LIVONIS PROPERTIES INC., CIO AMERICAN STORES PROPERTIES INC., P.O. Box
27447, Legal Dept., Salt Lake City, UT 84127-0447
AGENT: LUCKY STORES, INC., Attn: Ann Hall, 1500 S. Anaheim Blvd., Anaheim, CA 92805
LOCATION: 255 South Euclid Street (Super Saver Foods}. Property is approximately 6.45 acres located
at the northwest corner of Broadway and Euclid Street.
Petitioner requests determination of public convenience or necessity for an alcoholic beverage control
license to permit the sale of alcoholic beverages (beer, wine and general liquor) for off premises
consumption in conjunction with a supermarket.
ACTION TAKEN BY THE PLANNING COMMISSION:
GRANTED - determined that the sale of alcoholic beverages (beer, wine and general liquor) for off
premises consumption is a public convenience at this location (PC96-11) (5 yes votes, 2 absent).
10
CITy OF ANi~HEIM. CALIFORNIA COUNCIL MINUTES FEBRUARY 13. 1996
B5.
179: CEQA EXEMPTION SECTION NO. 15061 (b) (3)
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 96-02:
OWNER: MFC-LIVONIA PROPERTIES INC., C/O AMERICAN STORES PROPERTIES INC., P.O. Box
27447, Legal Dept., Salt Lake City, UT 84127-0447
AGENT: AMERICAN DRUG STORES, Attn: Paulette Dewim, 1500 S. Anaheim Blvd., Anaheim, CA 92805
LOCATION: 275 South Euclid Street (Sav-On Druqs). Property is approximately 6.45 acres located at
the northwest corner of Broadway and Euclid Street.
Petitioner requests determination of public convenience or necessity for an alcoholic beverage control
license to permit the sale of alcoholic beverages (beer, wine and general liquor) for off premise
consumption in conjunction with a retail drug and variety store.
ACTION TAKEN BY THE PLANNING COMMISSION:
GRANTED - determined that the sale of alcoholic beverages (beer, wine and general liquor) for off
premises consumption is a public convenience at this location (PC96-12) (5 yes votes, 2 absent).
B6.
179: CONDITIONAL USE PERMIT NO. 3630 AND NEGATIVE DECLARATION:
OWNER: JULIA AMARAL, Post Office Box 1450, Nevada City, CA 95959
AGENT: EL VAQUERO FAMILY RESTAURANT, 1168 S. State College Boulevard, Anaheim, CA 92806
I~OCATION: 1168 South State Colleqe Boulevard (El Vaquero Family Restaurant~. Property is
approximately 1.3 acres located at the southeast corner of AImont Avenue and State College Boulevard.
Petioner requests modification or deletion of a condition of approval pertaining to the limitation of time to
retain a public dance hall with on-premises sale and consumption of alcoholic beverages in conjunction
with an existing restaurant.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3630 APPROVED (modified conditions of approval to expire 7/22/96) (PC96-13) (5 yes votes,
2 absent).
Negative Declaration previously approved.
B7.
REPORTS AND RECOMMENDATIONS:
179: CONDITIONAL USE PERMIT NO. 3460 - REQUEST FOR A RETROACTIVE EXTENSION OF TIME
TO COMPLY WITH CONDITIONS OF APPROVAL:
REQUESTED BY: Song-Shyong Hsu C/O KOK Investment Co., 17752 Cowan Street, I~ne, CA 92714
LOCATION: 2658 West La Palma Avenue.
Petitioner requests a retroactive extension of time for Conditional Use Permit No. 3460 (to permit a 4-unit,
3200-square foot expansion to an existing 19,800 square foot commercial retail center) to expire
November 4, 1996.
ACTION TAKEN BY THE PLANNING COMMISSION:
APPROVED retroactive extension of time to comply with conditions of approval for CUP NO. 3460 (to
expire 11/4/96).
B8. 179: CONDITIONAL USE PERMIT NO. 3711 - REQUEST FOR AN EXTENSION OF TIME TO COMPLY
WITH CONDITIONS OF APPROVAL:
REQUESTED BY: FRED FIEDLER AND ASSOCIATES, 2322 West 3rd Street, Los Angeles, CA 90057
LOCATION: 5650 East La Palma Avenue.
Petitioner requests an extension of time for Conditional Use Permit No. 3711 (to permit an automotive
service sta~on with an accessow convenience market, drive-through restaurant, and beer and wine sales
for off-premise consumption with waivers of permitted wall signs, minimum number of parking spaces,
required setback from an artedal highway, and required improvement of setback areas) to expire February
6, 1997.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved extension of time for CUP NO. 3711 to expire 2/6/97.
11
CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES FEBRUARY 13. 1996
B9. 179: CONDITIONAL USE PERMIT NO. 3804 - REQUEST FOR REVIEW OF REVISED PLANS FOR
SUBSTANTIAL CONFORMANCE:
Peter Hahm, 125 E. Ball Road, Anaheim, CA 92805
LOCATION: 125 E. Ball Road.
Petitioner requests review and approval of revised site plan for additional storage area (to establish a
motorcycle sales and service dealership).
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined that the revised plans are in substantial conformance with previously approved plans.
BIO. 179: CODE AMENDMENT 96-01 - PERTAINING TO DELETING REFERENCES TO THE ANAHEIM
CANYON INDUSTRIAL AREA IN CHAPTER 18.61:
Requested by City of Anaheim, Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended adoption to the City Council.
ORDINANCE NO. 5551 (INTRODUCTION) An Ordinance of the City of Anaheim amending section
18.61.050 of chapter 18.61 of title 18 of the Anaheim Municipal Code relating to zoning deleting references
to the Anaheim Canyon Industrial Area.
Council Member Frank Feldhaus offered Ordinance No. 5551 for first reading.
ORDINANCE NO. 5551: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.61.050
OF CHAPTER 18.61 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING
DELETING REFERENCES TO THE ANAHEIM CANYON INDUSTRIAL AREA.
B11. 179: CONDITIONAL USE PERMIT NO. 3581 - REQUEST FOR INTERPRETATION OF A CONDITION
OF APPROVAL:
REQUESTED BY: PEP BOYS, Attn: Al Meloro, 1122 W. Washington Blvd., Los Angeles, CA 90015
LOCATION: 8205 East Santa Ant Canyon Road.
Petitioner requests interpretation of a condition of approval pertaining to a requirement for a security guard
pursuant to Conditional Use Permit No. 3581 (to permit an automotive repair facility including the retail sale
and installation of automotive parts and accessories).
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved request to utilize a Pep Boys employee, trained as a security officer, to police the parking lot
rather than hidng a secudty officer from an outside firm.
B12. 179: CONDITIONAL USE PERMIT NO. 3806 - REQUEST FOR TERMINATION:
REQUESTED BY: THE PLANNING CENTER, ATTN: MARIE LUNA, 1300 Dove Street, Suite 100,
Newport Beach, CA 92660
LOCATION: 5472 East La Palina Avenue.
Petitioner requests termination of Conditional Use Permit No. 3806 (to permit an approximately 38 foot
high, roof mounted communications antenna).
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3806 TERMINATED (PC96-7).
END OF THE PLANNING COMMISSION ITEMS.
12
CITY OF ANAHEIM° CALIFORNIA COUNCIL MINUTES FEBRUARY 13. 1996
ITEMS B13 - 814 FROM THE ZONING ADMINISTRATOR MEETING OF FEBRUARY 1~ 1996:
DECISION DATE: FEBRUARY 8~ 1996 INFORMATION ONLY -APPEAL PERIOD ENDS
FEBRUARY 20~ 1996 FOR THE PARCEL MAP AND FEBRUARY 23~ 1996 FOR THE VARIANCES
B13.
179: TENTATIVE PARCEL MAP NO. 95-192
VARIANCE NO. 4286 AND NEGATIVE DECLARATION:
OWNER: WILLIAM FACKINER, 740 North West Street, Anaheim, CA 92801
AGENT: ANACAL ENGINEERING COMPANY, P.O. Box 3668, Anaheim, CA 92803
LOCATION: 740-750 North West Street. Property is 1.1 acre, with frontage of approximately 210 feet
on the east side of West Street, having a maximum depth of approximately 243 feet and being located
approximately 220 feet south of the centarline of North Street.
To establish a 3-lot single family subdivision, with waiver of minimum lot size and width.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Tentative Parcel Map No. 95-192 and Variance No. 4286 DENIED (ZA Decision No. 96-03)
Approved Negative Declaration.
A review of the Planning Commission's decision was requested by Mayor Daly and Council Member Feldhaus,
and therefore, a public hearing will be scheduled et a later date.
B14.
t79: VARIANCE NO. 4287~ CATEGORICALLY EXEMPT~ CLASS 5:
OWNER: SOUTHRIDGE DEVELOPMENT COMPANY, 2241 Giberto, Suite A, Rancho Santa
Margarita, CA 92688
AGENT: LUCAS-MERClER DEVELOPMENT, 29712 Avanida De Las Banderas, Rancho Santa
Margarita, CA 92688
LOCATION: 725 and 735 Londerry Lane. Property is approximately 2.85 acres located at the
southerly terminus of approximately 80 feet on the southerly terminus of Londerry Lane.
To construct two singleJamily residences with waiver of maximum structural height.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4287 DENIED (ZA Decision No. 96-04).
END OF THE ZONING ADMINISTRATOR ITEMS.
C1. 175: RECOMMENDATION FROM THE PUBLIC UTILITIES BOARD ON DECREASE OF
COMMERCIAL/INDUSTRIAL ELECTRIC RATES:
Presentation by Utilities General Manager, Ed Aghjayan
Submitted was report dated February 13, 1996 to the City Manager/City Council from the Public Utilities
General Manager recommending an amendment to electric rates, rules and regulations. ~The proposed rate
action would institute a 5% reduction in the Time of Use Industrial Rate (Rate TOU), and a 2% reduction in
certain General Service Rates (Rate 14 and Rate 19), and would become effective March 1, 1996. In addition,
the 4% Underground Conversion Fee would be ~unbundled" from all electric rates. It would appear as a
separate line item charge on all electric bills when the new customer billing system is implemented. The effect
of this change alone would neither increase or decrease the customer's bill.'
Mr. Mike Bell, Assistant General Manager, Finance & Administration, Public Utilities. He is pleased to present
the subject request to reduce commercial and industrial electric rates. (Mr. Bell's presentation was
supplemented by slides, hard copies of which were submitted and made a part of the record.) He first
presented the proposed changes, explained why the changes are needed (to bring Commercial and Industria
rates in line with future competitom, build relationships to retain Commercial and Industrial customers, help
maintain a strong bond rating, remain competitive with Southern California Edison), explained the cost
reductions in order to fund the changes as well as proposed reductions, comparison charts showing Anaheim's
Commercial/industrial rates including Average (and Proposed Average) Commercial/industrial Cents/KWH
Anaheim Vs. Southern California Edison (with and without the 4% unbundling decrease) and the impact of the
proposed changes on other classes.
CITY OF ANAHEIM. CALIFQRNIA COUNCIL MINUTES FEBRUARY 13. 1996
At the conclusion of Mr. Bell's presentation, Mayor Daly asked for confirmation that residential rates will not be
affected by the proposed changes, but will remain 25% below Edison rates; Mr. Bell confirmed that was correct.
He stated the Council could also expect to see the Utilities Department back with similar actions in the months
and yearn ahead particularly with regard to the commercial/industrial sector.
Council Member Tait. He applauded staff for coming up with the cost savings and passing them on to the
customer. He knows it is the result of a great deal of effort and he commended staff.
MOTION. On Motion by Mayor Daly seconded by Council Member Zemel, the Council certified that the
adoption of the Electric Rates, Rules and Regulations is statutorily exempt, under the California Environmental
Quality Act, Public Resoume Code, Section 21080 (b)(8), in accordance with Title 14 of the California
,Administrative Code Section ~15273(a). MOTION CARRIED.
Mayor Daly offered Resolution No. 96R-25 for adoption.
RESOLUTION NO. 96R-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AMENDING THE ELECTRIC RATES, RULES AND REGULATIONS FOR THE SALE AND
DISTRIBUTION OF ELECTRICITY AS ADOPTED BY RESOLUTION NO. 71 R-478 AND MOST
RECENTLY AMENDED BY RESOLUTION NO. 95R-207 (effective March 1, 1996).
Roll Call vote on Resolution No. 96R-25 for adoption:
AYES: COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 96R-25 duly passed and adopted.
MOTION. Mayor Daly moved to authorize and direct the Public Utilities General Manager to prepare,
promulgate, publish and take any and all actions necessary to implement changes to the Electric Rates, Rules
and Regulations as set forth herein. Council Member Zemel seconded the motion. MOTION CARRIED.
C2 114: COUNCIL COMMENTS:
Council Member Zemel. He asked that a Council discussion and a potential resolution be placed on the next
Council agenda (February 27, 1996) relative to the Council taking a position on Measure 'T" on the March
ballot.
Council Member Zemel. He gave an update status report on the INS Pilot Project which has full Council
support. He also reported that Senator Diane Feinstein intends to offer an amendmentto the Senate
Immigration Bill on March 29, 1996. They also received a letter from Governor W~lson today supporting the
C~'S proposal. He then reported on the letters of support and/or resolutions for Anaheim's proposal from 16
out of the 16 cities in Orange County. Also, another letter has been sent to INS Commissioner, Doris Meissner
reque~ng a response to the City's original request made six months ago relative to funding. There will be
continuous follow up especially in view of the fact that Congress has increased the INS budget by 25%.
C3. 112: REPORT ON CLOSED SESSION ACTIONS:
City Attorney Jack White stated that there are no actions to report.
I4
CITY OF ANAHEIM. CALIFORNIA COUNCIL MINUTES FEBRU&RY 13. 1996
RECESS - CLOSED SESSION: City Attorney White announced it is necessary to again recess to Closed
Session to complete the balance of the items on the Closed Session Agenda.
MOTION. Mayor Daly moved to recess into Closed Session. Council Member Feldhaus seconded the motion.
MOTION CARRIED. (6:35 P.M.)
AFTER RECESS: Mayor Daly called the meeting to order, all Council Members being present, (8:30).
ADJOURNMENT: By general Council consent, the Council Meeting of February 13, 1996 was adjourned. (8:31
P.M.)
LEONORA N. SOHL
CITY CLERK
15