1996/05/21ICITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES
MAY 21, 1996
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Bob Zemel, Frank Feldhaus, Lou Lopez, Tom Daly
COUNCIL MEMBERS: Tom Tait
CITY MANAGER: James Ruth
ASSISTANT CITY MANAGER: Dave Morgan
CITY ATTORNEY: Jack VVhite
ASSISTANT CITY CLERK: Ann M. Sauvageau
GARY JOHNSON: Public Works Director
UTILITIES GENERAL MANAGER: Edward Aghjayan
TRAFFIC AND TRANSPORTATION MANAGER: John Lower
PLANNING DIRECTOR: Joel Fick
HUMAN RESOURCES DIRECTOR: Dave Hill
ZONING DIVISION MANAGER: Greg Hastings
DIVISION CHIEF, FIRE DEPARTMENT: Bob Himt
ASSISTANT GENERAL MANAGER ELECTRICAL SVCS.: Dale Tarkington
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 10:55 a.m. on
May 17, 1996 at the Civic Center Kiosk, containing all items as shown herein.
Mayor Daly called the workshop portion of the meeting of May 21, 1996 to order (3:26) and welcomed
those in attendance. He noted that Council Member Tait will not be present at today's meeting.
Assistant City Manager, Dave Morgan. This is a scheduled workshop to update the Council on Electric
Industry Restructuring. The presentation will be made by the Public Utilities General Manager, Ed
Aghjayan.
175: ELECTRIC UTILITY INDUSTRY RESTRUCTURING UPpATE: Mr. Ed Aghjayan, Public Utilities
General Manager. This is a periodic update to the Council on the subject of restructuring. His
presentation was supplemented by slides, hard copies of which were submitted and made a part of the
record (see Electric Utility Industry Update - Where Are We Now? - May 21, 1996). The subjects covered
and briefed were: What is the Status? - Regulatory and Legislative; FERC (Federal Regulatory Energy
Commission) Final Rule, Order #888 issued April 24, 1996; WEPEX (Western Energy Power Exchange)
- Filing, Issues, History, What's Next? He also elaborated on why these issues are so important to
Anaheim and the electric utility.
In concluding, Mr. Aghjayan emphasized the Strategic Issues portion of the presentation especially
relative to legislation to insure that the bills being proposed do not have a negative impact on Anaheim.
It is necessary to get beck every nickel spent on power plants. At the next workshop, the intent is to give
a very detailed analysis of the stranded investments in generation and transmission facilities -- how
much is out there and what the Utilities strategy will be. On the agenda tonight (Items A2g. and A30.) is
the first phase of that renegotiation which would bring the time line for integrating a new resource from
three years down to five months. Because of that, they are able to integrate a new resource - 35
megawatts (MW) of short-term capacity - also on the agenda tonight, which will save $400,000 to
$450,000 a year. Direct retail access is a strategic issue and in the long run, he sees the Utilities in the
distribution business and not the generation business and offering different and enhanced services. This
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES MAY 21, t996
will not even begin in the State until 1998 on a partial basis. The industry is getting very competitive and
the Utilties top four people have been taken away by competitors. Utilities has some outstanding people
and he does not want to lose them.
Council Members then posed questions on certain aspects of the presentation which were answered by
Mr. Aghjayan. Council Members Feldhaus and Lopez also requested to see a breakdown of the $5
million the electdc utility shares in other City costs which Mr. Aghjayn stated is an item in their budget.
Mayor Daly thanked Mr. Aghjayan and his staff for the informative presentation. The Council looks
forward to further updates on this extremely important issue to the City.
RECESS: Since no Closed Session was scheduled, Mayor Daly moved to recess the Council Meeting to
5:00 P.M. Council Member Zemel seconded the motion. Council Member Tait was absent. MOTION
CARRIED. (3:55 P.M.)
AFTER RECESS:
Mayor Daly called the meeting to order, all Council Members being present, with the exception of
Council Member Tait and welcomed those in attendance to the Council meeting (5:12 P.M.)
INVOCATION:
Reverend Adam McCoy, St. Michael's Episcopal Church, gave the invocation.
FLAG SALUTE:
Council Member Bob Zemel led the assembly in the Pledge of Allegiance to the Flag.
'119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by
the City Council recognizing Efrain Tejeda on being named Youth of the Year by the Boys and Gifts Club
of Anaheim.
Mr. Chris Argubdght, Executive Director, Boys and Gifts Club, introduced Efrain and elaborated on the
reasons/accomplishments for his being named the 1996 Youth of the Year by the club.
Mayor Daly and Council Members commended Efrain not only for is outstanding contributions to the
club, but also for scholastic achievements in his studies at school.
119: PRESENTATION - 1996 MERIT AWARD TO THE CITY OF ANAHEIM FOR ANAHEIM PLAZA:
Mr. Keenan Smith, Orange County Chapter, American Institute of Architects (AIA) stated it is an honor to
present an Award of Merit to the City for the Anaheim Plaza Project given in conjunction with their recent
program - Places in the Public Realm. Nominations were sought from all 31 cities in the County and
County government on successful public places. They are seeking to sponsor the program to convey the
awards and to recognize, foster and understand and support the existence of successful public places.
Lisa Stipkovich, Executive Director of Community Development. Representatives are present from the
development team - Brad Deck, Donahue Schreiber; Leeson Pomercy, LPA Architects; David Bergston,
SWA Landscape Architects; Rubin Aedrus, Graphic Solutions, and Ralph Wolken, the current Manager
of the Anaheim Plaza Project representing the O'Connor Group, owners of the project. Emie Webb of
the Donahue Schreiber group is also present. Mr. Webb is responsible for the project coming in on
schedule.
2
CiTY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES MAY 1996
Mayor Daly. The City is very proud of the success of Anaheim Plaza plan due to the innovative and
colorful design, The community finds it a very enjoyable place. On behalf of the Council and the City,
he thanked those involved in making the award possible,
t19: RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED
AT ANOTHER TIME:
PROCLAMATION recognizing June 2, 1996, as Heritage Day at Oak Canyon Nature
Center in Anaheim.
2. PROCLAMATION recognizing Kokuyo Corporation on their 90th Anniversity.
3. PROCLAMATION recognizing the Intemational Cat Show on their 10th Anniversary.
4. PROCLAMATION recognizing June 2 - 8, 1996, as National Garden Week in Anaheim.
PROCLAMATION recognizing June 16 - 22, 1996, as National Design Drafting Week in
Anaheim.
PROCLAMATION recognizing May 1996, as National Older Americans Month in
Anaheim.
PROCLAMATION recognizing Westview Vocational Services for their service to the
community.
DECLARATION recognizing Shidey Davidson for her contributions to senior health care
in Anaheim.
DECLARATION recognizing Dean Olsen for his outstanding contributions to the City of
Anaheim.
10.
DECLARATION recognizing Mary Bouas for her outstanding contributions to the City of
Anaheim.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,600,187.65 for the period ending May
17, 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 meetings. (5:30 p.m.)
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
Joe Kung, 5581 E. Santa Aha Canyon Road, Anaheim 92807. He submitted letters/reports to the
Council as follows: (1) Letter dated May 21, 1996 - Re: Imperial Highway Smart Street Project-Anaheim
Hills Section; (2) Anaheim Hills Eastbound 91 Freeway and Imperial Highway Interchange Video Camera
Taped Evening Hour Traffic Count Data, Thursday, April 25, 1996; (3) Data for same location, May 9,
1996 and (4) Data for same location, May 10, 1996.
CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES MAY '1996
Mr. Kung then reported on the recent actions he has taken as a result of his extensive analysis of the
evening peak hour traffic data recorded at the eastbound 91 Freeway off-romp and Imperial Highway
Interchange for the purpose of (1) improving the traffic signal light synchronization, and (2) improving the
current Imperial Highway Smart Street design with significant cost savings. The data attached to his
letter of May 21, 1996 are digitized traffic counts of his three video tapes taken 4/25, 5/9 and 5/10/96.
His letter than gave the conclusions reached as a result of the analysis. He also briefed the Council on
his contacts with officials of Yorba Linda and Caltrans. He believes that his data and his won~ is going to
be constructive. The cost estimate for the Smart Street in the Anaheim Hills section is $6.5 million and
he believes he can cut that by 1/3. He has another 20 or 30 hours of video tape and needs some
manpower assistance to get that data digitized and analyzed. If that help can come from the City
Engineer, it will assist him in getting his report done by June 1. He noted that the northbound Imperial at
the Orangethorpe intersection is another problem which he briefly explained.
Mayor Daly interjected and noted that Mr. Kung's presentation was well over the time limit allowed. He
surmised that the bottom line is that Mr. Kung would like the widening program currently contemplated
on Imperial to be reconsidered; Mr. Kung clarified that was correct.
Mayor Daly. The Council will ask staff to review the documents submitted and to consider some of the
argureents that have been developed and how it relates to the proposed project at Imperial and Santa
Ana Canyon Road as well as the northern portions of Impedal closer to Orangethorpe.
PUBLIC COMMENTS - AGENDA ITEMS:
There were no public comments on City Council Agenda items.
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the
Council meeting of May 21, 1996. Council Member Feldhaus seconded the motion. Council Member
Tait was absent. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Mayor Daly, seconded by
Council Member Feldhaus, the following items were approved in accordance with the reports,
certifications and recommendations furnished each Council Member and as listed on the Consent
Calendar;, Council Member Feldhaus offered Resolution Nos. 96R-76 through 96R-82, both inclusive, for
adoption. Refer to Resolution Book.
Al.
118: The following cJaims were filed against the City and actions taken as recommended:
Claims rejected and referred to Risk Management.
Claim submitted by Gloria Stratton for bodily injury sustained purportedly due to actions
of the City on or about February 9, 1996.
Claim submitted by David Stepherson, D.D.S. for property damage sustained
purportedly due to actions of the City on or about March 21, 1996.
Claim submitted by Jennifer Frazer c/o Professional Lawyers Group for property damage
sustained purportedly due to actions of the City on or about February 15, 1996.
4
CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES MAY 1996
Claim submitted by Laura Dominguez for property damage sustained purportedly due to
actions of the City on or about March 8, 1996.
Claim submitted by Donald Garrett c/o Professional Lawyers for property damage and
bodily injury sustained purportedly due to actions of the City on or about February 15,
1996.
105: Receiving and filing minutes of the Community Redevelopment Commission meetings held
March 27, 1996, and April 24, 1996.
173: Receiving and filing a Proposed Change in Rates by filed Southern California Gas
Company before the California Public Utilities Commission for authority to impose a late
payment charge for overdue gas bills (proposal to charge 1.2% par month on any unpaid
balance).
173: Receiving and filing a Notice to Customers of Proposed Rate Increase (Application No. 96-
04-044) filed by Southern California Gas Company before the California Public Utilities
Commission.
173: Receiving and filing correspondence before the Public Utilities Commission of the State of
California regarding the Application of Odyssy Coach for authority to operate as a passenger
stage corporation between paints from Anaheim hotels to Newport Beach Fashion Island.
A3~
169: Awarding the contract to the lowest responsible bidder, All American Asphalt, in the amount
of $147,711.04 for Crescent Avenue Street Improvements Magnolia Avenue to Dale Avenue,
and in the event said Iow bidder fails to comply with the terms of the award, awarding the
contract to the second Iow bidder, as well as waiving any irregularities in the bids of both the Iow
and second Iow bidders.
A4.
167: Awarding the contract to the lowest responsible bidder, Baxter-Griffin Co., in the amount of
$29,850 for Traffic Signal Modification at La Palma Avenue and Yorba Linda Boulevard, and in
the event said Iow bidder fails to comply with the terms of the award, awarding the contract to the
second Iow bidder, as well as waiving any irregularities in the bids of both the Iow and second
Iow bidders.
A5.
123: Approving an Acquisition Agreement for 2080 South Harbor Boulevard, (R/W 5170-2 ,
South Had)or Boulevard Street Widening Project, Anaheim Resort Area); authorizing the Mayor
and City Clerk to execute said Agreement; and authorizing the acquisition payment of $11,400 to
Inch Investments, a Limited Partnership.
A6.
168: RESOLUTION NO. ~.L A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM RENAMING CLEMENTINE STREET TO FREEDMAN WAY DUE TO THE FUTURE
WIDENING OF THE SANTA ANA FREEWAY, AND ESTABLISHING THE DATE OF SAID
NAME CHANGE. (Continued from the meeting of May 7, 1996, ItemAS.)
Mayor Daly. His understanding is that staff met with representatives of the Freedman Foundation this
afternoon. He asked if there was anything that needed to be changed or added to the item. He asked
staff to summarize the most recent discussions with Sharon Lesk, Trustee, Freedman Foundation.
John Lower, Traffic and Transportation Manager. Staff met with the business interests in the business
park since the last meeting. Nine of the 14 businesses attended and Sharon Lesk was also in
attendance. Staff would like to change the resolution to lessen the limits of the street name change. The
segment would be from Katella to the existing Freedman Way, or the to be renamed Disney Way, which
is the segment of existing Clementine to bo renamed Freedman Way. He clarified that Ms. Lesk is in
concurrence with the modified recommendation and confirmed it is acceptable to the impacted
CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES MAY 2`1 '1996
businesses as well as the representatives of the Freedman Foundation. He has discussed the change
with a representative of Disney Development, John Graves.
Dave Morgan, Assistant City Manager. He clarified that any costs associated with the change would be
borne by the businesses in that ama. None have indicated it is of a size that would be a problem.
Council Member Feldhaus. In his opinion, he feels there are other ways they could recognize Leo
Freedman (Sharon Lesk's Great Uncle) without having to rename a couple of blocks of a street.
Mayor Daly asked if there was any time sensitivity involved with the proposal. If not, he is going to
suggest a 30-day continuance; Assistant City Manager Morgan indicated that would not be a problem.
Mayor Daly. The intent of the continuance is for staff to continue to evaluate opportunities to honor and
recognize the Freedman name due to the contributions of Mr. Freedman who had been a developer in
the neighborflood near Disneyland as well as other areas of Anaheim. They are respectful of the
Freedman Foundation which continues to benefff Anaheim and the surrounding community.
MOTION: Mayor Daly moved to continue this item for 30 days. Council Member Zemel seconded the
motion. Council Member Tait was absent. MOTION CARRIED.
A7.
A8.
A9.
Al0.
All.
A12.
A13.
A14.
A15
160: Accepting the bid of Alan Landscaping Company, in an amount not to exceed $23,375 for
rebuilding number eleven tee at Anaheim Hills Golf Course, in accordance with Bid #5523.
160: Accepting the Iow bid of Southwest Power, Inc., in the amount of $69,255 for nineteen
15KY SF-6 subsurface switches, in accordance with Bid #5534.
160: Accepting the bid of Industrial Asphalt, in an amount not to exceed $50,000 for cold mix
asphalt for a poried of one year commencing July 1, 1996, in accordance with Bid #5517.
160: Accepting the Iow bid of Southwest Growers & Landscaping, Inc., in an amount not to
exceed $103,809 for rebuilding the number seven green and number eight tee including cart
path at Dad Miller Golf Course, in accordance with Bid #5532.
160: Accepting the Iow bid of BICC Utility Cable Company, in an amount not to exceed
$67,042.50 for 25,000 feet of 15KY concentric URD cable, in accordance with Bid #,5513.
160: Accepting the Iow bid of BICC Utility Cable Company, in an amount not to exceed
$35,474.25 for 5,000 feet of 15KY power cable, in accordance with Bid #5536.
160: Authorizing the Purchasing Agent to exercise the renewal of the Purchase Order to R.J.
Noble Company, in an amount not to exceed $60,000 for paving, as required, for a peried of one
year, commencing July 1, 1996, with the option to renew for an additional two years, in
accordance with Bid #5396.
160: Authorizing the Purchasing Agent to exercise the renewal of the Purchase Order to Nobest,
Inc., in an amount not to exceed $600,000 for concrete and crossgutter replacement for a period
of one year, commencing July 1, 1996, with the option to renow for an additional two years, in
accordance with Bid #5397.
160: .Authorizing the Purchasing Agent to exercise the renewal of the Purchase Order to $ilvia
Construction, Inc., in an amount not to exceed $250,000 for a period of one year commencing
July 1, 1996, with the option to renew for an additional two years, in accordance with Bid #5392.
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES MAY 2t, t996
A16.
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.
A17. 105: Receiving and filing minutes of the Public Utilities Board meeting held March 7, 1996.
A18.
123: Approving an Agreement with Nancy Mooslin, Sandra Rowe and Steven Stucky, in the
amount of $100,000 for artistic services to complete artwork at the Anaheim Arena in
accordance with the Anaheim Arena Art Plan. (Continued from the meeting of May 7, 1996,
Item A23.)
A19. 123: Approving an Agreement with the Magnolia, Centralia, and Anaheim Union High School
Districts to provide Park Ranger patrols of school facilities.
Council Member Zemel asked for a separate discussion on Items A20., A21., A24. and A26 since he had
questions on those items. Speaking first to Item A20., he noted that the staff report dated May 21, 1996
recommending adoption of the new Memorandum of Understanding (MOU) indicated that a summary of
the changes was attached, but he could not find the summary. Instead, he went through the 22-page
MOU and he sees what appear to be pay raises for Stadium employees as noted in Appendix 'A", pages
15 and 16.
Dave Hill, Human Resources Director. What that reflects is the negotiated change in the employer-
employee contribution to the defined contribution pension plan. Dudng negotiations, they found a tax
defen'al way to change the wage level and change the employer-employee deduction so that the
employee pays the entire 7.5% of the contribution and W2 earnings would stay the same. The City's
costs were ;educed so the City agreed to implement that technical change under Section 414H2 of the
Internal Revenue Cede. The change produced about $100 per employee in reduced costs to the City. It
looks like a pay raise but it is a change in the base rate and offset by the employee now paying the 7.5%
full contribution for a net change of about $100 per employee favorable to the City each year. The
changes dudng the negotiations are the dark highlighted portions and the 22 pages are actually the
summary of the changes. The Labor Agreement is many more pages than those presented in summary
fashion.
An extensive line of questioning by Council Member Zemel followed related to his concem that the
changes, in his mind, will have an effect on taxpayers.
Mr. Hill explained the specifics relating to Council Member Zemel's questions in detail; Mr. Morgan also
gave input explaining that the Angels current agreement provides that payroll will be reimbursed
according to the agreement with Local 399 which has an Appendix 'A". Within that agreement, there is
some flexibility to pay up to 125% of those pay rates. The pay rates are going up on one hand but there
are savings on the other side. It is very complex and hard to follow. Staff can put together some kind of
'cross walk' for the Council if desired. The goal was to take advantage of the flexibility in the existing
Angel agreement - not the new lease agreement and MOU - but the existing Angels agreement to
provide the increase but with an offset to the City because employees will pick up some of the retirement
costs. He confirmed for the Mayor that there are no net costs to the taxpayer by this package of
agreements.
After additional discussion, Mr. Morgan summarized again that there are two separate things taking
place. The new MOU before the Council tonight if approved will generate a savings for the City and that
savings will be used to offset the cost. The language in the report is confusing. The tenant is going to
end up paying the City beck for the labor costs and out of that, through the savings in the MOU, the City
will be able to fund the retention severance plan.
7
CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES MAY 1996
Council Member Zemel asked if there was a time factor on this item and if a decision needed to be made
tonight; Mr. Hill and Morgan explained why a decision tonight was necessary.
Council Member Zemel. He noted it sounds like they may have the same confusing discussion on the
other items as well (A21., A24., and A2.6.) He then posed questions on those items which were
clarified/explained by staff. At the conclusion, Council Member Zemel stated he was not going to
suppod items A20., 21., 24 and 26. He believes it does not mean if they can save money, they should
spend it someplace else. He would like to get some of these points on the record. Someone has to say
no so and he is doing so on these items.
Mayor Daly. He summarized, on the proposed actions, the impact is no net cost to the Anaheim
taxpayers from the enterprises of the Stadium and the Convention Center as recommended by the City
Manager and staff. Negotiations have taken place over the past few months with various representatives
of the employee groups, most of which involve pa~t-time employees.
Council
153: RESOLUTION NO. 96R-76: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING A MEMORANDUM OF UNDERSTANDING ESTABLISHING TERMS
AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN CLASSIFICATIONS ASSIGNED
TO THE SERVICE EMPLOYEES UNIT REPRESENTED BY THE HOSPITAL AND SERVICE
EMPLOYEE UNION, LOCAL 399.
Member Zemel voted NO on this item. See discussion above.
153: RESOLUTION NO. 96R-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING A LETTER OF UNDERSTANDING BE'I'VVEEN THE HOSPITAL AND
SERVICE EMPLOYEE UNION, LOCAL 399 AND THE CITY OF ANAHEIM.
Council Member Zemel voted NO on this item. See discussion above.
153: RESOLUTION NO. 96R-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 92R-121 WHICH ESTABLISHED RATES OF
COMPENSATION FOR SELECTED UNREPRESENTED PART-TIME CLASSIFICATIONS.
A23.
153: RESOLUTION NO. 96R-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 91R-173 WHICH ESTABLISHED A RETIREMENT
PLAN FOR PART-TIME, TEMPORARY, AND SEASONAL EMPLOYEES. (AMENDING THE
DEFERRED COMPENSATION PLAN FOR EMPLOYEES NOT COVERED BY CALPERS-457P
PLAN).
153: RESOLUTION NO. 9~R-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING A MEMORANDUM OF UNDERSTANDING ESTABLISHING TERMS
AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN CLASSIFICATIONS ASSIGNED
TO THE PARKING LOT UNIT REPRESENTED BY THE GENERAL TRUCK DRIVERS UNION,
LOCAL 952.
Council Member Zemel voted NO on this item. See discussion above.
153: RESOLUTION NO. 96R-81: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE GENERAL TRUCK
DRIVERS UNION, LOCAL 952 AND THE CITY OF ANAHEIM.
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES MAY 2t~ t996
153: RESOLUTION NO. 96R-82: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM PROVIDING FOR A ONE-TIME PAYMENT TO CERTAIN ELIGIBLE PART-TIME
UNREPRESENTED EMPLOYEES AT ANAHEIM STADIUM.
Council Member Zemel voted NO on this item. See discussion above.
A27. 117: Receiving and filing the Investment Portfolio Report Executive Summary for the month of
April, 1996, as submitted by the City Treasurer.
123: Approving a Joint Powers Authority Agreement with the cities of Fountain Valley, Fullerton,
Garden Grove, Huntington Beach, Newport Beach, and Orange to establish a consolidated
communications center serving their collective emergency communications and dispatch needs
for tiro, medical and disaster emergency responses.
Bob Hirst, Division Chief, Fire Department. On behalf of Chief Bowman, he is pleased to bring this item
forward. It is the culmination of a groat deal of work and it is very positive. He then b~efed how the
program came about and how important and positive a program it is. It has also attracted the interest of
three additional cities - Brea, LaHabra, and Santa Aha. (See staff report dated May 10, 1996 from the
Fire Department which included a discussion portion explaining the background in detail.)
Council Member Feldhaus. He wanted to emphasize the very positive aspects of the consolidated
communications center and asked Mr. Hirst to be present. The citizens should know how groat a
program it is.
Mayor Daly. It is a perfect example of cooperative work among a variety of fire agencies.
A29.
A30.
123: Approving the 1996/97 Alamitos Unit Contingent Power Sale Agreement with the Southern
California Edison Company, and authorizing the Public Utilities General Manager, on behalf of
the City, to execute the final Agreement with any revisions that aro in substantial conformance
with the attached Agreement.
123: Approving the 1996 Settlement Agreement between Southem California Edison Company
and the Cities of Anaheim, Colton and Riverside, California (Agreement); and authorizing the
Public Utilities General Manager to execute said Agreement with any revisions that aro in
substantial conformance with said Agreement, and any other related documents on behalf of the
City.
Roll Call Vote on Resolution Nos. 96R-78 through 96R-81, both inclusive, for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Zemel, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: Tait
The Mayor declared Resolution Nos. 96R-78 through 96R-81, both inclusive, duly passed and adopted.
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES MAY 21, 1996
Roll Call Vote on Resolution Nos. 96R-76, 96R-77, 96R-80 and 96R-82, for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: Zemel
ABSENT: MAYOR/COUNCIL MEMBERS: Tait
The Mayor declared Resolution Nos. 96R-76, 96R-77, 96R-80 and 96R-82, duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED
ITEMS BI - B8 FROM THE PLANNING COMMISSION MEETING OF APRIL~9, 1996:
INFORMATION ONLY -APPEAL PERIOD ENDS MAY ~1, 1996:
BI.
179: CONDITIONAL USE PERMIT NO. 3666 AND MITIGATED NEGATIVE DECLARATION:
OWNER: CONVENTION CENTER INN, LTD., Attn: Ashik Patel, 1734 S. Harbor Boulevard,
Anaheim, CA 92802
LOCATION: 2017 South Harbor Boulevard (Convention Center Inn).
Property is approximately 3.3 acres located on the west side of Harbor Boulevard and located
approximately 380 feet south of the centedine of Convention Center Way and further described
as 2017 South Harbor Boulevard.
Petitioner requests a second one-year extension of time and modifications to conditions of
approval pertaining to mitigation measures, landscape and signage for a previously-approved
84-foot high, 5-story, 312-unit hotel complex.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved modifications to conditions of approval and a one year extension of time (to expire
4/4/97) for CUP NO. 3666 (PC96-41) (6 yes votes, I absent).
Mitigated Negative Declaration Approved.
B2.
179: CONDITIONAL USE PERMIT NO. 3745 CATEGORICALLY EXEMPTi CLASS 14:
OWNER: THE SERVITE FATHERS, A CALIFORNIA CORPORATION. Attn: Father Gerald M.
Horan, O.S.M., 1952 W. La Palma Avenue, Anaheim, CA 92801
LOCATION: 1952 West La Palina Avenue ¢$ervite Hi,Ih School). Property iS approximately
14.75 awes located on the south side of La Palina Avenue and located approximately 515 feet
west of the centerline of Onondaga Avenue and further described as 1952 West La Palma
Avenue.
Petitioner requests modification or deletion of a condition of approval pertaining to a time
limitation for temporary modular classrooms.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved modification to conditions of approval (to expire 9/30/98) for CUP NO. 3745 (PC96-42)
(6 yes votes, I absent).
10
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES MAY 21~ 1996
B3.
179: CONDITIONAl. USE PERMIT NO. 3265 AND NEGATIVE DECLARATION:
OWNER: SUNNYMEAD POULTRY RANCH, c/o 1250 N. Red Gum Street, Anaheim, CA
92806
LOCATION: 1250 North Red Gum Street {The Comerstone Chun:hi. Property is approximately
1.06 acres located on the east side of Red Gum Street and located approximately 500 feet south
of the centeriine of Miraloma Avenue and further desc~bed as 1250 North Red Gum Street.
Petitioner requests a three-year extension of time to retain a church in an industrial building.
A(~TION TAKEN BY THE PLANNING COMMISSION:
Approved a three-year extension of time (to expire 4/9/99) for CUP NO. 3265 (6 yes votes, 1
absent).
Negative Declaration previously approved.
RI~PORT$ AND RECOMMENDATIONS:
179: CONDITIONAL USE PERMIT NO. 3707 - REQUEST FOR RETROACTIVE I~XTENSION
OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL NEGATIVE I;)E¢I~.RATION
PREVIOUSLY APPROVED:
Shell Oil Company, Attn: April Smith, 3 Hutton Center Drive, Suite 711, Santa Aha, CA 92707,
requests a retroactive extension of time for Conditional Use Permit No. 3707 (to permit an
existing service station with a 1,215-square foot convenience market) to expire on October 4,
1996. This petition was originally approved on October 4, 1994. Property is located at 2100
South Harbor Boulevard.
ACTION TAKEN BY THE PLANNING COMMISSION:
Retroactive extension of time APPROVED for CUP NO. 3707 (to expire 10/4/96).
Negative Declaration previously approved.
Joel Fick, Planning Director and Greg Hastings, Zoning Division Manager answered questions posed by
Mayor Daly for puq)oses of clarification.
B5.
179: CONDITIONAL USE PERMIT NO. 3168 - REQUEST FOR RETROACTIVE EXTENSION
OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL. AND NEGATIVE DECLARATION;
Anaheim Land Associates, 450 Newport Center Ddve, Suite 304, Newport Beach, CA 92660,
requests a retroactive extension of time for Conditional Use Permit No. 3165 (to permit a
commercial retail center and on-sale alcoholic beverages within two proposed restaurants with
waiver of required site screening) to expire on June 5, 1997. This petition was originally approved
on June 5, 1989. Property is located at 2430 East Katella Avenue.
ACTION TAKEN BY THE PLANNING COMMISSION:
Retroactive extension of time APPROVED for CUP NO. 3165 (to expire 6/5/97).
Negative Declaration previously approved.
11
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES MAY 21, 1996
ITEMS B6-B7 FROM THE PLANNING COMMISSION MI~I~TING OF MAY 13. 1996:
INFORMATION ONLY -APPEAL PERIOD ENDS JUNE 4~ 1996:
179: CODE AMENDMENT NO, 96-06:
City initiated request pertaining to the addition of service stations as a conditionally permitted
use within Development Area 4 of SP94-1 (Northeast Area Specific Plan).
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved Code Amendment No. 96-06.
ORDINANCE NO. 5563: (INTRODUCTION) Amending Title 18 of the Anaheim Municipal Code
(zoning) by adding thereto a prevision permitting Service Stations as a conditional use in
development area 4 (Transit Core) of the SP94-1 (North Area) Zone
Mayor Daly offered Ordinance No. 5563 for first reading.
ORDINANCE NO. 5563 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18
OF THE ANAHEIM MUNICIPAL CODE (ZONING) BY ADDING THERETO A PROVISION
PERMITTING SERVICE STATIONS AS A CONDITIONAL USE IN DEVELOPMENT AREA 4
(TRANSIT CORE) OF THE SP94-1 (NORTH AREA) ZONE
B7.
179: CODE AMENDMENT NO~ 96-11:
REQUESTED BY: N. Bruce Ashwill, 333 City Boulevard West, Suite 2150, Orange, Ca 92568
Petitioner requests consideration of Code Amendment No. 96-11 pertaining to the addition of
automotive vehicle repair facilities as a conditionally permitted use within Development Area 4 of
SP96-11 (Northeast Area Specific Plan).
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved Code Amendment No. 96-11.
ORDINANCE NO. 5564: (INTRODUCTION) Amending Paragraph .0520 of subsection .050 of
section 18.110.090 of Chapter 18.110 of Title 18 of the Anaheim Municipal Code relating to
SP94-1 Zoning (Automotive Vehicle Repair).
Mayor Daly offered Ordinance No. 5564 for first reading.
ORDINANCE NO. 5564: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
PARAGRAPH .0520 OF SUBSECTION .050 OF SECTION 18.110.090 OF CHAPTER 18.110
OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SP94-1 ZONING
(AUTOMOTIVE VEHICLE REPAIR).
END OF THE PLANNING COMMISSION ITEMS.
12
CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES MAY t996
ITEM B8 FROM THE ZONING ADMINISTRATOR MEETING OF MAY 9, 1996:
DECISION DATE MAY 16~ 1996:
INFORMATION ONLY - APPEAL PERIOD ENDS MAY 28~ 1996:
B8.
179: TENTATIVE PARCEL MAP NO. 96-1~
REQUEST FOR EXTENSION OF TIME TO COMPLy WITH CONDITION OF APPROVAI ~
REQUESTED BY: KERRY W. LAWLER, 2832 Walnut Avenue, Suite A, Tustin, CA 92680
LOCATION: Prooerty is located on the comer of Weir Canyon and La Palma Avenue.
Petitioner requests an extension of time for Tentative parcel Map No. 85-159 to comply with
conditions of approval to expire on March 31, 1997.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Approved extension of time to comply with condition of approval for Tentative Parcel Map No.
85-159.
END OF THE ZONING ADMINISTRATOR ITEMS.
REQUEST FOR REHEARING:
S9.
179: REQUEST FOR REHEARING - CONDITIONAL USE PERMIT NO. 3731 AND NEGATIVF
DECLARATION:
OWNER: DONG S. KlM, 969 La Paz Road, Placentia, CA 92670
AGENT: JUAN B. CARBAJAL, 1652 West Lincoln Avenue, Anaheim, CA 92805
LOCATION: 1652 West Lincoln Avenue. (El Oio De Anua~.
Property is approximately 1.3 acres located on the south side of Lincoln Avenue and
approximately 440 feet east of the centedine of Euclid Street. Petitioner requests deletion or
modification of a condition of approval pertaining to a time limitation to retain the on-premises
sale and consumption of alcoholic beverage within a restaurant.
ACTION TAKEN BY THE PLANNING COMMISSION;
Denied request to amend the conditions of approval of CUP NO. 3731 (PC96-25) (7 yes votes).
Negative Declaration previously approved.
Letter of appeal submitted by the law Offices of Neal T. Curatola, on behalf of the Agent, Juan B.
Carbajal. Informational item at the meeting of March 26, 1996, Item B1.
At the meeting of April 23, 1996, Item D1, the Anaheim City Council Denied an amendment to a
certain condition of approval in Conditional Usa Permit No. 3731, as approved by Resolution No.
PC94-160 with certain findings (96R-58), and found the Negative Declaration adequate for
purposes of considering this application.
Request for rehearing submitted by the agent, Juan B. Carbajal.
Mayor Daly asked the City Attorney to give a brief summary of the process under this item.
City Attomey White. The Council has an Affidavit from the business owner's legal Counsel stating the
grounds upon which they are requesting a rehearing. The decision for the Council tonight is whether or
not to grant a rehearing. If they do so, it will be scheduled at a later date and the headng process that
previously took place would be repeated. The City Council may also wish to deny the request based
upon the information presented in the Affidavit.
The Anaheim Municipal Code provides the Council's decision in this matter is discretionary and based
upon the information presented in the applicant's Affidavit.
13
CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES MAY 1996
Mayor Daly asked if anyone wished to speak relative to this item since any comments on this item were
deferred to this time; no one came forward to speak.
MOTION: Mayor Daly moved to deny the request for a rehearing. Council Member Lobez seconded the
motion.
Before a vote was taken, Council Member Feldhaus asked if the request is denied, is the business able
to reapply for another CUP to operate as a restaurent which is the primary use.
City Attorney White. That is correct. There is nothing that would prevent the applicant or anyone else
who acquires the property from applying for a new CUP. It would have to be judged on its merits at a
later date. This application is to amend conditions of approval of an existing CUP granted for one year.
The one year has explreq and the request was to change that condition to operate for additional years or
an indefinite period. There would be a whole different process involved if this applicant or anyone else
chose to apply for a new permit.
Council Member Feldhaus. The reason the request to amend the CUP was denied was because there
was a violation taking place under the CUP, There was testimony the business was not operating as a
restaurant primarily but a beer bar; City Attorney White confirmed that was correct and that would be an
evidentiary matter to consider if a new application is filed. One of the options would be to apply for a
permit as a beer bar and the Council could determine if that is an appropriate location for the use. They
can apply for a permit as a restaurant, beer bar or any other permitted use.
A vote was then taken on the motion to deny the request for rehearing. Council Member Tait was
absent. MOTION CARRIED.
C1.
POOL ROOM PERMIT APPLICATION (PACIFIC BILLIARD CLUB):
REQUESTED BY: CHIU YU-MING TSENG, 6469 Shady Lawn Drive, Yorba Linda, CA 92686
LOCATION OF ESTABLISHMENT: 1676 West Lincoln Avenue
To consider the application of Chiu Yu-Ming Tseng as sole owner to operate twenty billiard tables
at Pacific Billiard Club. This application was previously approved by the City Council at their
meeting of November 7, 1995, under joint ownership of Chiu Yu-Ming Tseng and Thomas W.
Hwei.
Joel Fick, Planning Director. The applicant submitted a letter to the Council stating she was taking over
sole ownership of the business. This is only a change of ownership application. Staff has reviewed the
application as well as Code Enforcement and the Police Department. A site inspection was made as well
as a survey of the neighborhood. No objections were received. The Police Department recommended
approval.
Them were no further'comments made by Code Enforcement staff orthe Police at this time.
MOTION: Council Member Feldhaus moved to approve the Pool Room Permit Application for the
Pacific Billiard Club which involves a change from joint ownership to sole ownership (Chiu Yu-Ming
Tseng) as recommended in staff report dated May 21, 1996 from the Code Enforcement Manager.
Council Member Zemel seconded the motion.
14
CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES MAY 1996
Before a vote was taken, City Aftomey White stated that approval would be subject to the four conditions
contained in staff report dated May 21, 1996; Mayor Daly recommended in the future when the
recommendation is made to appreve such applications subject to certain conditions, that that be so noted
on the agenda.
A vote was then taken on the foregoing motion approving the application and also subject to the four
conditions listed in staff report dated May 21, 1996 by John Poole, Code Enforcement Manager. Council
Member Tait was absent. MOTION CARRIED.
DI.
PUBLIC HEARING - CREATION OF UNDERGROUND DISTRICT NO. 21:
To consider approval of the creation of Underground District No. 21, (Ball Road/West Street) in
accordance with the requirements of Chapter 17.24 of Title 17 of the Anaheim Municipal Code
relating to Undergreund Utilities.
LOCATION: The proposed Underground District No. 21 consists of Ball Road from I-5 Freeway
to west of West Street/Flore Street, and intersection streets, to complete the overhead to
underground conversion work within the boundary shown on the Underground District No. 21-Bail
Road West Street map.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News - 5/9/96
Mailing to property owoers within 300 feet - 5/2/96
Posting of pmparty - 4/26/96
Submitted was report dated May 21, 1996 from the Public Utilities General Manager, Ed Aghjayan
recommending approval of the creation of Underground Distdct No. 21.
Dale Tarkington, Assistant General Manager/Electric Services. He summarized the proposal which is
part of the ongoing undergrounding program. His presentation was supplemented by slides.
Mayor Daly. After Mr. Tarkington's presentation, he asked at what point in the future will the stretch of
Ball Road west of West Street be scheduled for undergmunding of utilities; a representative from the
Utilities Department stated that section of Ball Road is not part of the undergmunding program at this
time.
Mayor Daly opened the Public Hearing and asked if anyone wished to speak at this time.
Jeff Kirsch, 2661 W. Palais, Anaheim. He urged the Council to 'stop the madness'. He has never seen
crowds clamoring for undergrounding. He feels there are many ways they could put the money they are
taking from the rate payem to better use than putting cables underground. A lot of residents may be
under the impression undergreunding will also come to their neighborhood. He reiterated there are a
wide range of better uses for the money.
The Public Hearing was closed.
Mayor Daly. He disagrees completely with Mr. Kirsch that this is not a popular program. In his
conversations with Anaheim citizens, undergroueding Utilities on major streets in Anaheim is indeed
popular and any time they can beautify any part of Anaheim, in particular major busy arterial streets, the
whole City gains. The program, now in its sixth year, is very popular with most Anaheim citizens and is
15
CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES MAY 1996
paying dividends in beautification of the affected areas. It is also his understanding from Public Utilities
staff that it lowers maintenance costs to have the lines underground.
Mayor Daly offered Resolution No. 96R-86 for adoption. Refer to Resolution Book.
RESOLUTION NO. 96R-86: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM CREATING UNDERGROUND DISTRICT NO. 21 (BALL ROAD/VVEST STREET).
Roll Call Vote on Resolution No. 96R-83 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Zemel, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: Tait
The Mayor declared Resolution No. 96R-83 duly passed and adopted.
C2. 114: COUNCIL COMMENTS:
Council Member Feldhaus. He would like to have agendized for Council discussion at a future meeting
the subject of the theft of shopping carts resulting in abandoned carts all over the City. He would like the
City Attorney to investigate and provide some recommended course of action on how to address the
problem. As a member of the Public Safety Committee of the League of Cities, this matter is also a
large concern to them. Some cities are becoming innovative in addressing the problem. However, the
root of the .p~oblem is the person who is taking the cart unlawfully from the business premises which is
theft.
Mayor Daly asked if Council Member Feldhaus would also like the thoughts and recommendations of
some of the other City departments; Council Member Feldhaus. Besides the City Attorney, he would
request help from any of the other departments who can assist in eliminating this blight on the City.
114: ORANGE AVENUE HOMEOWNERS ASSOCIATION NEIGHBORHOOD MEETING: Mayor Daly.
He thanked Police Chief, Randall Gaston, his staff and staff members of other departments who were
present at the subject neighborhood meeting he attended last evening (Monday, 5/20/96). The meeting
lasted for approximately three hours and the association addressed some of the issues that were on their
mind. Staff answered many questions and shared information. He again thanked those staff members
involved including Planning Director, Joel Fick, Cede Enforcement Manager, John Poole, Steve Swaim,
Neighborhood Services, and Mary McCIoskey, Assistant Planning Director.
114: VACANT CORNER LOTS: Mayor Daly. In previous meetings, he breached the variety of vacant
comer 10ts in the City. Some have gas stations that are in various stages of renewal where the
underground tanks are being replaced, some are former gas station sites, some are in transition where it
is unknown what the next use will be, some are in residential areas, others commercial. An inventory
was previously done by staff on these lots which are basically comer lots at arterial intersections. He
asked staff to bring that list forward again at the next meeting with some commentary on what they are
aware is being planned by some of the owners. He would like a discussion on what they should be doing
to encourage progress on these vacant comer lots.
16
CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES MAY 1996
ART IN PUBLIC PLACES: Mayor Daly. He thanked the members of the Art in Public Places Committee
who helped to advise City staff and the Arrowhead Pond (Arena) regarding the third and latest art
addition to the Pond which is on display in front of the dais. (Also see Item A18. on tonight's agenda
which approved the agreement with the artists to complete the artwork.) He is looking forward to the
completion and hopes it is as popular and successful as the previous art installations at the facility.
Eadier in the meeting, Mayor Daly, taking note of the Council Chamber mic~'ophones again waivedng in
and out. He feels it is getting to the peint where the microphones work or they don~. The system has not
been adequate and he believes that it is time to make a more fundamental improvement to the system.
C3. REPORT ON CLOSED SESSION ACTIONS:
City Attomey Jack White stated that there are no actions to report.
ADJOURNMENT: By general Council consent, the Council Meeting of May 21, 1996 was adjourned.
There is no meeting scheduled for Tuesday, May 29, 1996 due to the Memorial Day Holiday. The next
Council Meeting is scheduled for Tuesday, June 4, 1996 starting et 2:00 P.M. with a Workshop on the
City Budget. (6:45 P.M.)
ANN M. SAUVAGEAU
ASSISTANT CITY CLERK
17