1995/07/25CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES
JULY 25, 1995
The City Council of the City of Anaheim met in regular session
PRESENT
PRESENT
ABSENT:
PRESENT
MAYOR: Daly
COUNCIL MEMBERS:
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
TRAFFIC AND TRANSPORTATION MANAGER:
CIVIL ENGINEER-DEVELOPMENT SERVICES:
UTILITIES GENERAL MANAGER:
Tait, Lopez, Zemel, Feldhaus
John Lower
Natalie Meeks
Edward Aghjayan
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 2:20 p.m. on July 21, 1995 at the Civic Center kiosk, containing all
items as shown herein.
Mayor Daly called the meeting to order at 3:18 p.m.
REQUEST FOR CLOSED SESSION:
City Attorney Jack White requested a Closed Session noting first that
there are no additions to Closed Session items.
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
There were no public comments relative to Closed Session items.
Th~ following items are to be considered at the Closed Session:
1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - EXISTING LITIGATION:
Name of case: In re: County of Orange, Debtor, U.S. Bankruptcy
Court, Central District Case No. SA 94-22272; and In re: Orange
County Investment Pools, U.S. Bankruptcy Court, Central District No.
SA 94-22273.
2. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT
CODE SECTION 54956.9(a) - EXISTING LITIGATION:
Name of case: Anaheim Stadium Associates v. City of Anaheim, Orange
County Superior Court Case No. 44-81-74.
3. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT
CODE SECTION 54956.9(a) - EXISTING LITIGATION:
Name of case: Neihaus vs. City of Anaheim, Orange County Superior
Court Case No. 73-71-29.
C~TY OF J~LNiB~E2K, C~L~FORN~ - COUNCIL ~NUTES - ~ULY 25, ~995
4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of
Section 54956.9: one potential case.
Existing facts and circumstances: Claim grievance of Convention
Center Support Services Supervisor considering elimination of
position due to departmental consolidation.
RECESS: Mayor Daly moved to recess into Closed Session. Council Member Zemel
seconded the motion. MOTION CARRIED. (3:20 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.
(5:33 p.m.).
INVOCATION:
Dr. Bryan Crow, The Garden Church, gave the invocation.
FLAG SALUTE:
Mayor Pro Tem Frank Feldhaus led the assembly in the Pledge of
Allegiance to the Flag.
119~ DECLARATION OF RECO~NITION~ A Declaration of Recognition was
unanimously adopted by the City Council and presented to Julie Mayer
on being a designated recipient of the Los Angeles Times Orange
County 1995 Volunteers of Distinction Award in the category of the
Arts.
Mayor Daly and Council Members congratulated and commended Mrs. Mayer on
receiving this very prestigious award. The Mayor elaborated on the many arts
and other community activities in which Mrs. Mayer is and has been involved
over the years.
119: PRESENTATION OF CHECK TO THE ANAHEXM COMMUNITY FOUNDATION FOR
USE IN THE CITY'S ANTI-GRAFFITI PRO(}RAM: Mr. John Berggren stated he
was very pleased on behalf of the Directors of the Mobil Foundation
to present a check for $5,000 in support of the City's Anti-Graffiti
Program. He presented the check to Jackie Terrell of the Anaheim
Community Foundation.
Mrs. Terrell thanked Mobil for the generous donation from the Mobil
Foundation. The check will be very beneficial in supplementing revenues for
the City's Anti-Graffiti Program. She is certain that John Poole, the City's
Code Enforcement Manager will put it to the most effective use to further
combat graffiti in the City.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was
unanimously adopted by the City Council and presented to Donald and
Mary Lee for their long-time dedication to the operation of Jackson
Drug Company in Anaheim, a business which served the citizens of
Anaheim and surrounding communities for over 70 years.
Donald Lee stated it was a difficult decision to close the business which he
took over from'Mr. Jackson, the man who started the legacy of providing
quality products and service. They were pleased to have worked with him and
then to have the opportunity to buy out the business. Changing times and
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - JULY 25, 1995
circumstances especially in the pharmaceutical and health care field, however,
resulted in their ultimate decision to bring the business to a close.
Mayor Daly and Council Members commended Mr. & Mrs. Lee noting that Jackson
Drugs will be missed in the Anaheim community.
119= THE FOLLOWING WERE RECOGNITIONS AUTHORIZED BY THE CITY
COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME:
1. PROCLAMATION recognizing August i - 7, 1995, as Breastfeeding
Awareness Week.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,737,359.52 for
the period ending July 21, 1995, 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. (5:31 p.m.)
Mayor Daly reconvened the City Council meeting. (5:33 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 public comments on Agenda Items
Al6. and Cl. See discussion under those items.
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and
resolutions to be acted upon for the Council meeting of July 25,
1995. 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; Council Member Daly offered Resolution No. 95R-139, for adoption.
Refer to Resolution.
Al.
105: Receiving and filing minutes of the Senior Citizens Commission
meeting held June 8, 1995.
105: Receiving and filing minutes of the Community Services Board
meeting held June 8, 1995.
A2.
123: Approving Cooperative Agreement C-95-046 with Orange County
Transportation Authority to conduct a Project Study Report along
Santa Fe Railway Company's Orangethorpe Corridor (the portion of the
San Bernardino subdivision between Highland Avenue in Fullerton and
Weir Canyon Road/Yorba Linda Boulevard in Yorba Linda).
3
C~TY OF ANAHE~H~ CALIFORNIA - COUNCIL ~INUTES - ~ULY 25~ ~995
A3.
123: Approving an Agreement with Trident Computer Resources, Inc.,
in an amount not to exceed $16,896 for computer hardware and software
maintenance services for two mini mainframe computers used to operate
the Anaheim Traffic Management System.
A4.
123: (1) Approving completion of the Anaheim Transportation Network
Feasibility Study for $15,000; (2) Extending the contract with
CalTrans for the funding of the Anaheim Transportation Network
through August 1, 1996; and (3) accepting $75,000 from the California
Department of Transportation for the implementation and operation of
the Anaheim Transportation Network.
A5.
160: Accepting the low bid of Joslyn Power Products c/o Matzinger-
Keegan, Inc., in the amount of $30,508 for 30 SF-6 fuse holders, 46
fuses and 60 accessory kits, in accordance with Bid $5315.
A6.
160: Waiving Council Policy 306, and authorizing the Purchasing
Agent to issue a Purchase Order to Southwest Power, Inc., in the
amount of $33,000 for 300 elbow tap plugs for Warehouse inventory
stock.
A7.
160: Accepting the bid of The Okonite Company, in an amount not to
exceed $89,581.46 plus applicable taxes and reel deposits for 3,480
feet of 15KY single conductor power cable, in accordance with Bid
$5407.
AS.
160: Accepting the low bid of Nobest, Inc., in an amount not to
exceed $600,000 for the removal and replacement of asphalt concrete
and cross gutters, for a period of one year beginning July 1995, with
the options to renew for an additional three years, in accordance
with Bid ~5397.
A9.
123: Approving a First Amendment to Agreement with International
Services, Inc., in an amount not to exceed $488,779.50 to provide
school crossing guard services for one year beginning October 1,
1995, and ending September 30, 1996, with the option to extend for
one additional year, in accordance with Bid #5256.
Al0.
184: Reviewing the need for continuing the Sixth Proclamation of the
Existence of a Local Emergency issued by the Director of Emergency
Services On January 3, 1995, concerning the Santiago Landslide and
Pegasus Landslide in the City of Anaheim; and taking no action to
terminate the local emergency at this time.
All.
123: Approving a Sixth Amendment to Agreement with Eberhart & Stone,
Inc., for geotechnical services pertaining to the Santiago Landslide.
Council Member Feldhaus. He again expressed his concern over the continuing
services of the geotechnical consultant on the landslide. The Council has
been told a final report was going to be forthcoming but that has not
happened. He understands 40,000 gallons of water a day are still being pumped
out of the hills and the inclinometer readings have not changed.
City Attorney White. The report is now anticipated on August 15, 1995. The
process has gone much slower than hoped for partially due to the massive
amount of paperwork involved as a result of the extensive litigation the City
is involved with because of the landslide and the documentation that is
necessary in response to that law suit.
4
CITY OF ANAHE~ C&L~FORNIA - COUNCIL ~NUTES - ~ULY 25, ~995
Council Member Feldhaus. The consultant is now asking for an additional
$500,000. The answer he gets from staff is that the City is being reimbursed
by FEMA. Ne (Feldhaus) still feels it is tax dollars so everybody pays.
City Attorney White. Ne feels a sense of frustration as well. There is the
need to be very prudent in the way the report is prepared and analyzed, not
only the fact of the litigation, but also the need to fully analyze the soil
conditions and what remedial measures need to be taken, if any. He was
hopeful they would have had the report well before now. They have
corresponded with the geotechnical engineers that they need the report
expedited. They are not only working on the report, but a variety of other
items related to the landslide.
Mayor Daly. There are legal issues involved and they should ask staff to give
a complete briefing on all the related issues; City Attorney White. He will
be happy to do so.
Council Member Feldhaus. They are being asked tonight to approve an
additional $500,000. If they do not do so, he asked if that is going to
create a situation where work will be stopped on the project; City Attorney
White confirmed that was correct. He will schedule a briefing for Council
next Tuesday in closed session because he feels uncomfortable discussing this
in open session since most of what this relates to directly involves pending
litigation. As suggested by Council Member Feldhaus, he (White) does not have
a problem in continuing this item for one week. Ne also just checked with the
Director of Public Works who concurred that they could wait a week on this
item.
Mayor Daly. Ne would strongly suggest that staff give a briefing to the
Council occasionally on the item rather than waiting and asking for approval
of $500,000 in extending the agreement from time to time.
MOTION. Council Member Feldhaus moved to continue this item (All.) for one
week. Council Member Lopez seconded the motion. MOTION CARRIED.
A12 ·
153: Authorizing full-time City of Anaheim Employees to participate
in a one-time accrued vacation buy-out, to provide a cash donation to
the survivors of a Parks, Recreation and Community Services
Department employee who recently passed away.
Al3.
123: Approving an Agreement with Orange County Health Services
Agency for animal control services for the period of July 1, 1995,
through June 30, 1996, in an amount estimated by the County of Orange
to be $261,912 for the fiscal year 95/96 (precise cost to be based on
field, shelter and licensing actions).
Al4 ·
152: Approving the funding recommendations, selection of new JTPA
training agencies for the period from July 1, 1995 through June 30,
1996, and authorizing the JTP Manager to execute the necessary
subcontract agreements and any modifications thereto; and approving a
one year extension of the existing occupational skills training
agencies for the delivery of services through June 30, 1996.
A15 ·
158: RESOLUTION NO. 95R-139: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING CERTAIN REAL
PROPERTY OR INTERESTS THEREIN TO THE CITY.
C~TY OF ANAHE~H~ CAL~FOI~A - COUNCIL H~NUTES - ~ULY 25~ L995
Al6.
150: Approving the Fiscal Year 1995/96 Community Services Agency
Funding allotment plan to selected community organizations; and
considering allocation of an additional appropriation of $71,191 from
one-time funds to increase the Fiscal Year 1995/96 allotment plan to
$200,000 to be distributed to selected community organizations.
June Lowry, Chairman, Community Services Board (CSB) Subcommittee on Community
Services Agencies funding. When she spoke before the Council in June, she was
asked to come back with specific allocations which she did. (See memorandum
dated July 10, 1995 to the City Manager/City Council from Mrs. Lowry and
Community Services Agencies Funding FY95-96 - Community Services Board
Recommendation dated July 13, 1995 - made a part of the record). She is also
present to make two recommendations -- the first that the Council approve the
FY95-96 Funding Plan as listed in the materials submitted to the Council which
would fund nine agencies (see CSB recommendations dated July 13, 1995) and
secondly that the Council consider the allocation of an additional
appropriation of $71,191 from one-time funds to increase the FY95-96 funding
to $200,000. In so doing, eleven agencies including the YMCA and Boys and
Girls Club will be fully funded, four agencies in addition would receive 25%
to 60% of their requested amount, with the remaining five agencies on the list
not being recommended because they did not meet the criteria defined in the
1989 Needs Assessment Study.
Council Member Feldhaus. He asked the City Manager to speak to the request
for the additional $71,191 and if it can be factored into the budget.
City Manager RUth. He first stated that the CSB has done an outstanding job
but at least at this time, his recommendation is that the Community Services
Agencies be funded at the $128,809 level and not at the $200,000 level. With
all the uncertainty of the State budget and the Orange County Bankruptcy, he
feels the City is still vulnerable relative to an attack on City revenues. He
feels uncomfortable recommending additional funding levels until those issues
are resolved. All departments in the City have been cut and this is
consistent with the level of funding cuts across the City. It is difficult
and painful. He recommends that at this time, they not fund the additional
$71,191 but that the funding allocation be at the $128,809 level.
Council Member Feldhaus suggested that they take a look at the situation in
three months or six months to see if there is any change; City Manager Ruth
stated he would be happy to do that.
June Lowry. She realizes everyone has been cut but some of the agencies are
going under and she feels if they do so, it will cost the City, County and
State more in the long run. If the Council will not accept the recommendation
for the $200,000 at this time, she asked that they accept the recommended CSB
funding allocations at the $128,809 level and in three months to revisit the
additional recommended allocations.
Mayor Daly then posed questions relative to recommendations made specifically
for two organizations where under the budgeted recommendation of $128,809 the
Board recommended zero funding but if the additional $71,191 is approved,
recommended that $5,000 be allocated (God's International Resource Link and
Crippled Children's Society). He asked what the organizations provided and why
the Board recommended funding in that fashion.
Mrs. Lowry explained how both organizations provided services to the Anaheim
community and why they felt they warranted allocations if funded under the
$200,000 level.
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - JULY 25, 1995
Mayor Daly. He noted that the Anaheim Museum was also recommended for zero
allocation under the lower funding level, but $10,000 under the $200,000
level. He asked if that has been reconciled with the recent merger of the
Museum into the City Library Department.
City Manager Ruth. He answered, yes but the museum is drawing down on
reserves and would be out of money in three months. They were able to absorb
some administrative help through the Library system with existing staff. He
reiterated there is still a need for additional funding and this would assist
but not under the first allocation level.
Mayor Daly. This item includes funding at the $128,809 level and not the
additional $71,191 requested. It would take an additional action of the
Council to approve the additional funding.
City Manager Ruth again clarified for the Mayor the staff recommendation on
this item. The CSB recommended for City Council consideration an
appropriation of $128,809 to fund a variety of programs and services through
the Community Services Agencies. The Council is approving the funding level
but holding in abeyance the additional request for $71,191 and is asking him
(Ruth) to revisit the matter and come back to the Council in 90 days based on
what may or may not happen at the State level, additional ramifications from
the Orange County bankruptcy, and the status of City funds. If there are
sufficient funds at that time, the Council could approve the additional
funding level as requested by the CSB.
A17.
114: Approving minutes of the City Council meeting held June 27,
1995.
Roll Call Vote on Resolution No. 95R-139 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus, Daly
NOES= MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 95R-139 duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
ITEM B1 - B5 FROM THE ZONING ADMINISTRATOR MEETING OF JULY 6, 1995:
DECISION DATE: JULY 13, 1995 INFORMATION ONLY-APPEAL PERIOD ENDS JULY 28, 1995
Council Member Lopez posed questions to staff for purposes of clarification on
Items Bi., B2. and B5. which were answered by the Zoning Administrator, Annika
Santalahti.
Bi.
179: CONDITIONAL USE PERMIT NO. 3393 AND NEGATIVE DECLARATION:
OWNER: INVESTOR REALTY COMPANY, i Civic Plaza, Suite 100,
Newport Beach, CA 92660
AGENT: VIVA MEXICO RESTAURANT, c/o Art Bermudez, 10922 Beach
Boulevard, Stanton, CA 90680
C~TY OF ANAHE~H~ CALIFORNIA - COUNCIL ~INUTES - ~ULY 25~ ~995
LOCATION: 1731 West Katella Avenue (Cabo's Mexican Restaurant).
Property is approximately 2.67 acres located at the northwest corner
of Katella Avenue and Euclid Street.
To modify or add conditions of approval pertaining to the on-premise
sale and consumption of beer and wine in an existing restaurant.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
CUP NO. 3393 APPROVED (ZA Decision No. 95-13).
Negative Declaration previously approved.
B2.
179: VARIANCE NO. 4275 AND NEGATIVE DECLARATION:
OWNER: GEORGE BRODY, P.O. Box 50383, Irvine, CA 92619-0383
LOCATION: 2082 and 2083 South Mountain View Avenue. Property (1) is
approximately 0.44 acre located at the northeast corner of Orangewood
Avenue and Mountain View Avenue, described as 2082 South Mountain
View Avenue; property (2) is approximately 0.44 acre at the northwest
corner of Orangewood Avenue and Mountain View Avenue, described as
2083 South Mountain View Avenue.
Waivers of maximum fence height and minimum number of parking spaces,
to convert garage spaces into a breezeway, add storage and laundry
rooms, also to construct an 8-foot 6-inch wrought iron fence.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4275 APPROVED, IN PART (ZA Decision No. 95-14).
Approved Negative Declaration.
B3.
179: ADMINISTRATIVE USE PERMIT NO. 95-04:
OWNER: CAROLYN JACKSON, 7320 Calle Durango, Anaheim, CA 92808
AGENT: ANA HARRISON, 7320 Calle Durango, Anaheim, CA 92808
LOCATION: 7320 Calle Durango.
To permit a large family day care home to allow up to twelve or fewer
children.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Use permit No. 95-04 APPROVED (ZA Decision No. 95-15).
B4.
179: ADMINISTRATIVE ADJUSTMENT NO. 0095:
OWNER: CAROL BARNES, 6543 East Via Estrada, Anaheim, CA 92807
AGENT: ROBERT LINNAUS, 910 South Camino Real "B", San Clemente, CA
92672
LOCATION: 6543 East Via Estrada. Property is approximately 0.17
acre, having a frontage of approximately 70 feet on the northwest
side of Via Estrada, having a maximum depth of approximately 102 feet
and being located approximately 490 feet southwest of the centerline
of Via Arboles.
Waiver of maximum lot coverage, to construct a 310 square-foot room
addition (to expand an existing master bedroom).
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 0095 APPROVED (ZA Decision No. 95-16).
B5.
179: ADMINISTRATIVE ADJUSTMENT NO. 0096:
OWNER: LEONARD & CYNDIE CHAIDEZ, P.O. Box 29, Anaheim, CA
92805-0029
Petitioner requests waiver of maximum fence height, to construct a
one-foot and 2-inch high barbed wire addition to an existing six-
foot high blockwall.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
CITY OF ~NAHEIM, CALIFORNIA - COUNCIL MINUTES - JULY 25, 1995
Administrative Adjustment No. 0096 APPROVED (ZA Decision No. 95-17).
END OF THE ZONING ADMINISTRATOR ITEMS.
D1.
176: PUBLIC HEARING - ABANDONMENT NO. 95-6A:
To consider abandoning certain public streets, highways and service
easements, and to consider abandoning those certain abutter's rights
of access (being thirty-six feet in width) to Santa Ana Canyon Road
located on the south boundary of Santa Ana Canyon Road, approximately
650 feet west of Fairmont Boulevard, generally known as 6270 Santa
Ana Canyon Road.
At their meeting of June 13, 1995, Item A36, the Anaheim City Council
adopted Resolution No. 95R-94 declaring its intention to vacate
certain public streets, highways and service easements, and to
consider abandoning those certain abutter's rights of access (being
thirty-six feet in width) to Santa Ana Canyon Road located on the
south boundary of Santa Ana Canyon Road, approximately 650 feet west
of Fairmont Boulevard, generally known as 6270 Santa Ana Canyon Road.
(ABANDONMENT NO 95-6A.) The Resolution was duly published in the
Anaheim Bulletin and notices thereof posted in accordance with law.
REQUESTED BY: Doug Browne, P.O. Box 10821, Anaheim, CA 92817-8021
Report of the City Engineer dated June 8, 1994 was submitted recommending
approval of said abandonment.
Public input was received at the meeting of July 18, the Public Hearing was
closed and the matter continued to this date for a Council decision.
Natalie Meeks, Civil Engineer, Public Works. She gave a brief summary of the
proposed Abandonment (see minutes of 7/18/95). Approval is recommended by
staff. As a result of the questions at the last meeting, staff obtained a
copy of the title report for the property adjacent to Santa Aha Canyon Road.
There is no indication in the report that there is a recorded easement that
allows access to the Hughes Market although the property owner indicated that
had been discussed at one time. Relative to accidents at that location, staff
checked accident reports over the last 10 years and there was only one
involving the driveway back in 1989. There were four other accidents in that
area that may have been related to the driveway, but none involved injuries,
only property damage.
John Lower, Traffic and Transportation Manager. There were four reported
accidents over a seven-year period, property damage only. There is no traffic
safety problem at that location. He confirmed that the use of the property at
that time was a nursery (trees, plants, etc.).
Council Member Zemel. As he recalls, the nursery business was there for about
10 years with not too much traffic. The land use is now a preschool which
will have high activity during peak traffic hours. He asked Mr. Lower if he
felt the traffic rate would go up or stay the same.
John Lower. The accident rate is rated based upon the ADT (Average Daily
Traffic) volume through that location. The proposed permanent project is
conditioned upon closure of the median island resulting in only right turns in
9
CITY OF ANAHEIMv CALIFORNIA - COUNCIL MINUTES - JULY 25v 1995
and out of the location. In his professional judgment, the accident rate
should improve.
Discussion followed between Council Member Zemel and Mr. Lower wherein Council
Member Zemel continued to express his concern that traffic problems would be
further exacerbated by the increased traffic volume with the new use and why
he felt that would be so. Mr. Lower gave a more detailed explanation of what
would occur when the median is closed making it less likely that accidents
would occur especially in the east-bound through lanes.
Council Member Feldhaus interjected and stated that he asked for the week's
continuance to give him an opportunity to go out and look at the area more in
depth. With his further investigation along with staff's recommendation and
the Planning Commission's conditions for the permanent project, he is
satisfied that there will be no problem.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Council
Member Feldhaus, seconded by Council Member Lopez, the City Council finds that
the proposed activity falls within the definition of Section 3.01 Class 5, of
the City of Anaheim guidelines to the requirements for an Environmental Impact
Report and is, therefore, categorically exempt from the requirements to file
an EIR. MOTION CARRIED.
Council Member Feldhaus offered Resolution No. 95R-141 for adoption, approving
Abandonment No.95-6A. Refer to Resolution Book.
RESOLUTION NO. 95R-141: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIMVACATING A PORTION OF THE ACCESS RIGHTS ADJACENT TO THE SOUTHERLY
RIGHT-OF-WAY OF SANTA ANA CANYON ROAD (95-6A)
Roll Call Vote on Resolution No. 95R-141 for adoption:
AYES: COUNCIL MEMBERS: Tait, Lopez, Feldhaus, Daly.
NOES: COUNCIL MEMBERS: Zemel
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 95R-141 duly passed and adopted.
Cl.
175: CHANGES TO WATER RATES, RULES AND REGULATIONS:
To consider the adoption of a 1.5% system revenue increase and a
water rate restructuring proposal, and amendments to the water rules
and regulations, as recommended by the Public Utilities Board.
This item was continued from the meeting of July 18, 1995 where a
staff presentation was made and extensive input received (see minutes
that date).
Mayor Daly. He asked, if the Council is only interested in approving the
restructuring of the water rates over the next five years resulting in a
decrease of residential water rates and an increase in commercial rates, but
are not in favor of the 1.5% system-wide increase, how would that be done.
City Attorney White. There are three actions before the Council -- one is a
motion on the CEQA finding and the others are a resolution and a motion and
incorporated into each is a two-part action. One part relates to the 1.5%
overall system revenue increase and the other restructuring of the rates to
accommodate the differential between residential and commercial. The Council
could approve all three of the actions but simply delete from the resolution
10
C~TY OF ANAHEI~ CALiFORNiA - COUNCIL ~NUTES - ~ULY 25~ ~995
and one motion the approval of the 1.5% system revenue increase. They could
act on those in a bifurcated manner. In any event, the recommendation would
still be to approve the overall rate restructuring.
Mayor Daly. The issue was discussed at length last week and there was public
input (see minutes of 7/18/95).
MOTION. On motion by Mayor Daly, seconded by Council Member Feldhaus, the
City Council certified that the adoption of the water rates is statutorily
exempt under the California Environmental Quality Act, Public Resources Code,
Section 20180(b)(8) and Title 14 of the California Administrative Code Section
15273(a). MOTION CARRIED.
After a brief Council discussion, City Attorney White stated based on what he
has heard, the Council wishes to act separately on the remaining motion and
resolution and to delete the 1.5% increase.
MOTION. Council Member Feldhaus moved to authorize the Public Utilities
General Manager to prepare, promulgate, publish, and take all actions
necessary to implement changes to the Water Rates, Regulations and Rules as
set forth herein, but without the 1.5% proposed increase, and to implement the
remaining portions of the five-year water rates restructuring plan transition,
effective July 1, 1996; July 1, 1997; July 1, 1998, and July 1, 1999
respectively. Council Member Zemel seconded the motion.
Council Member Feldhaus offered Resolution No. 95R-140 for adoption but
eliminatinq the proposed 1.5% increase.
RESOLUTION NO. 95R-140: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AMENDING RATES, RULES AND REGULATIONS FOR THE SALE AND
DISTRIBUTION OF WATER AS ADOPTED BY RESOLUTION NO. 72R-600 AND MOST
RECENTLY AMENDED BY RESOLUTION NO. 95R-114.
Before a vote was taken on the motion and resolution, City Attorney White
stated if the motion and resolution are adopted without the 1.5% increase, it
would be necessary for recalculation of the structure based upon the fact that
there was not a 1.5% increase.
Mayor Daly. The Council has received a memorandum from the Public Utilities
General Manager, Ed Aghjayan (see Memorandum dated July 25, 1995 to the City
Manager from the Public Utilities General Manager - made a part of the record)
clarifying the 1.5% increase and some of the rationale for it. As he (Daly)
said last week, although there is not competition within the City in terms of
setting water rates, there is an "apples-to-apples" comparison looking at the
rates charged by cities adjoining Anaheim which are valid. Anaheim's rates do
need to be restructured to reflect the market place within this part of Orange
County.
Council Member Feldhaus. One of the reasons he is asking for the issues to be
bifurcated, last week he asked for the additional time in order to contact the
citizens who were on the Citizen's Committee formed to provide input to the
consultants, the Public Utilities Department, and the Public Utilities Board
on issues pertaining to the structure of the City's water rates. He compiled
a list of the comments of those he talked to and read some of the comments for
the Council. He surmised from the information he received, that generally,
the Citizen's Committee supported and endorsed the restructuring plan, but
they did not address or discuss the proposed 1.5% increase.
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CITY OF ANAHEIMt CALIFORNIA - COUNCIL MINUTES - JULY 25v 1995
Mayor Daly. The Council appreciates the hard work of staff and the Citizen's
Con, nitres in bringing the new rate structure forward and look forward to the
information as to the need for capital improvements and any other relevant
information as they consider the water rate structure over the coming months
and years. The Council knows that some type of Metropolitan Water District
(MWD) increase will be coming soon.
Ed Aghjayan, Public Utilities General Manager. There was an increase from MWD
on July 1, 1995 coupled with the OCWD increase resulting in a 3.1% pass-
through increase which is in their water cost adjustment. It is automatically
passed on with notification sent to the Council but it does not require
Council approval. Wholesale water rates are going up rapidly. The MWD multi-
billion dollar expansion is moving ahead which is driving their rates up.
Another increase is expected next July i (1996) and will continue as long as
they continue their expansion plan. The City's newest MWD Board Member, Ed
Alario, is poised to try to "kill" all that but there are 50 Board Members so
he is not certain how successful he will be. Ne then explained with regard to
the present action, the numbers will have to be recalculated because they were
run with the 1.5% increase included and since it appears the increase is not
going to be approved, will have to be rerun. It is a revenue neutral change
and they are not losing or gaining anything by passing it on August 1st. To
insure accuracy, staff is asking that it be effective September 1, 1995.
City Attorney White. Mr. Aghjayan pointed out in order to make the necessary
calculations, they would recommend making the structure adjustment effective
September 1, 1995 which would give staff the necessary time to make those
recalculations. The effective date of September 1, 1995 would be incorporated
in both the motion and resolution.
A vote was then taken first on the foregoing motion offered by Council Member
Feldhaus, seconded by Council Member Zemel. MOTION CARRIED.
Roll Call Vote on Resolution No. 95R-140 for adoptions
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
Tait, Lopez, Zemel, Feldhaus, Daly
None
None
The Mayor declared Resolution No. 95R-140 duly passed and adopted.
C2. COUNCIL COMMENTS:
There were no Council Comments at this time.
C3. REPORT ON CLOSED SESSION ACTIONS:
City Attorney Jack White stated that there are no actions to report.
ADJOURNMENT: By general Council consent, the City Council Meeting of July 25,
1995 was adjourned (6:40 P.M.)
LEONORA N. SOHL
CITY CLERK
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