1993/07/20City Hall~ Anaheim~ California - COUNCIL MINUTES - JULY 20, 1993 - 5=00 P.M.
The City Council of the City of Anaheim met in adjourned regular session
(adjourned regular meeting of July 13, 1993, held July 20, 1993) for a joint
meeting with the City Planning Commission.
PRESENT:
ABSENT:
PRESENT:
ABSENT:
COUNCIL MEMBERS: Feldhaus, Pickler, Simpson, Daly
COUNCIL MEMBERS: Hunter
PUBLIC UTILITIES BOARD: Bob Kazarian, Richard McMillan, Maggie
Mejia, Robert Schmahl, Dale Stanton, Joe White, L. Ward Wiseman
PUBLIC UTILITIES BOARD: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
UTILITIES GENERAL MANAGER: Edward Aghjayan
UTILITIES FINANCIAL SERVICES MANAGER: Michael Bell
UTILITIES ASSISTANT GENERAL MANAGER-FIN. & ADMIN.: Darrell Ament
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 1:50 p.m. on July 16, 1993 at the Civic Center kiosk, containing all
items as shown herein.
Mayor Daly called the adjourned regular meeting of July 13, 1993 (held
July 20, 1993) to order at 2:07 p.m., all Council Members being present with
the exception of Council Member Hunter. This is a joint meeting with the
Public Utilities Board.
Chairman Kazarian called the Public Utilities Board to order, all Board
Members being present. (2:07 p.m.)
Mayor Daly first welcomed the Public Utilities Board expressing Council's
appreciation for their time in meeting with the Council.
Ed Aghjayan, Public Utilities General Manager. In this dialogue, staff has
taken only the position of preparing fact sheets and is not prepared to make
any presentations, but answer any questions of the Council or the Public
Utilities Board (PUB). The topics were selected by consultation with the PUB
members and submitted to the City Council. He introduced the first item (see
fact sheets on each of the items - made a part of the record).
175: JOINT MEETING-CITY COUNCIL/PUBLIC UTILITIES BOARD:
PROPOSED INDUSTRIAL ELECTRIC RATE DECREASE:
See fact sheet dated July 20, 1993 which explains the proposal from the Public
Utilities Department for a 1.2 million dollar (1.3%) decrease in electric
rates charged to industrial customers effective September 1, 1993. A public
hearing is scheduled before the Public Utilities Board on August 5, 1993 at
3:30 p.m. relative to this proposed decrease.
Chairman, Bob Kazarian. The 1.3 % works fine with the business retention
group. The Utilities is competing with Southern California Edison and other
power companies to attract new business to Anaheim. Utilities is one of the
major cost items. Any help they can give will be a big assist.
Council Members then posed questions which were answered by Mr. Aghjayan and
Mike Bell, Utilities Financial Services Manager with comments from PUB
members. Board Member Maggie Majia asked for a response from the Council -
the Board has been concerned with industrial being higher and are also very
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conscious not to adversely affect residential homes. She asked if they are in
line with the assumptions.
There was general Council consensus that the Council had given that as a
policy direction.
Ed Aghjayan. Staff has tried to maintain a sincere dialogue with their
business customers. They have made statements to the Council and the Public
Utilities Board that the business community has heard that they need to do
something about that particular rate comparison. Staff feels it is living up
to its commitment. They should pass the decrease on to them because they are
being impacted the most. There is nothing wrong with doing that and then
taking another look in January of 1995. Rates will not be increased in
January of 1994 for any reason, except undergrounding. Their budget is
balanced until January of 1995 with the exception of the undergrounding
program. After the current budget, they came up with 1.2 million in
refinancing. If it is not distributed, they will have 1.2 million in extra
money.
BUSINESS RETENTION PROGRAM:
Ed Aghjayan. He submitted a new brochure staff has worked on with the
Community Development Department (see brochure, "A Powerful Partnership for
Business"). The reason the item is on the agenda is to see if it continues to
be a program the Council wants to support and for any suggestions Council
Members may want to make.
Council Member Pickler. He feels the program has been a successful one and
would like to see it continued.
After a brief discussion between Council Members and staff, Darrell Ament,
Utilities Assistant General Manager-Finance & Administration, explained some
of the things that are being done to promote the program. They are working
hard to get the message out and asked for recommendations from the Council
relative to any additional forums where the program can be promoted.
UTILITY RATE CASE APPROVAL PROCESS:
Ed Aghjayan. This is on the agenda to see if there are any discussions about
the present process.
Bob Kazarian. He explained the extensive and formal process the Board goes
through when considering rate increases. There is public testimony,
intervenors to present testimony under sworn oath, a certified court reporter
attends the meeting to provide a transcript, etc. The Board also looks at a
tremendous amount of documentation before making its decision. With regard to
the last increase, the Board recommended a proposal and the Council chose a
different rate increase. He questioned if the Board then is the proper body
to consider rate increases or should they come before the City Council and
leave the PUB out of it. They are looking for guidance on that point.
Discussion and questioning followed wherein Council Members gave their input
relative to the current process and the different modes used for publicizing
rate hearings.
Council Member Feldhaus. He suggested there might not be enough notification
so that citizens are informed of the hearings. He favors the use of the
public broadcast channel as well as utility bill stuffers.
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Council Member Simpson. He does not believe there would be an appreciable
change whether the rate hearings are before the Public Utilities Board or the
Council. The present system works well. The PUB, having the expertise, can
screen out the things that the Council might not. The Board is much closer to
the issue than the Council. Perhaps, the last rate situation before the
Council was an aberration because of the present economy. The Council should
get as much information as possible in advance. When the matter came to the
Council, they did the entire rate increase spectrum at one meeting - electric,
undergrounding and water. Water and electric should be handled separately.
He reiterated the present system should stay the way it is, but come to the
Council in a more simplistic fashion.
Mayor Daly. He agrees the process works well, but that electric and water
should be handled at separate meetings before the Council. Newspaper ads are
a good idea as well as cable tv opportunities as suggested by Council Member
Feldhaus and utility bill stuffers, if doable.
Public Utility Board Member, Joe White. He agrees that water and electric
should be separate. When the Council gave the Board the authority to hold the
public hearings, it was his understanding when the Board made recommendations
to the Council, the Council could either accept or reduce the rates but could
not increase them. He asked if it was legal.
Mayor Daly. He asked the City Attorney, after the PUB approves a rate
package, does the Council have the complete range of options to adjust the
rate package up or down or can the Council only go down. Is it possible for
the Council to add an increase other than what the PUB has approved.
City Attorney White answered yes. The Council is not bound and limited by the
maximum recommendation of the PUB.
Mike Bell, Utilities Financial Services Manager. PURPA regulations require
that certain issues be addressed at the hearings but does not establish any
requirements for City Councils or ruling Commissions in terms of what actions
they must take. They basically require a full public record and that certain
issues be addressed.
UNDERGROUNDING PROGRAM - PROGRAM SCOPE AND FUNDING:
.... ~ Aghjayan. He referred to the one page fact sheet which outlined the
.unding for the Undergrounding Conversion Program. He briefed the information
contained therein. In the past year, the Council voted to have the department
finance this year's undergrounding program one year to lower the amount of the
increase by 1% which originally called for 2%. They are going to come back
later this calendar year and propose going from 1% to 3% to get back to where
they would have been. The program was designed to generate 45 million dollars
over 5 years which is the current size of the program. Any decreases will
result in a reduced scope of the program. For purposes of discussion, staff
wanted to inform the Council where the program stood financially and to get a
reading on what the Council wants to do. He reiterated the program is
presently on schedule. It is really a life time plan that will take 50 to 60
years.
Mayor Daly. The program that the PUB studied and recommended in 1990 was a
good balance between accomplishing as much as is feasible on the major streets
and very prominent locations.
Public Utilities Board Member, Richard McMillan (and member of the
sub-committee on undergrounding) one of the issues of concern to the
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Undergrounding Sub-committee they cannot partially fund and change their mind
in the middle of a project because there is a long-range commitment on
schedules, materials, manpower, routing, etc. They should establish a plan
and stay with it whatever it is. They cannot change the plan every year.
Council Member Pickler. This is a program that all Councils have supported
since he became a member in 1982. The Council in 1990 finally approved the
program. If they start going backwards it will have a negative impact on the
overall program. He does not want to see them back off of the established
program but to move ahead; Council Member Simpson. He agrees. He would like
to be able to see the program completed.
Joe White. They neglected to do anything for 100 years and are now paying the
price. To him, it is worth every penny.
Council Member Pickler. He asked if the Public Utilities Board as a whole
felt as positive as Mr. White; Public Utilities Board Member, L. Ward Wiseman.
He would think that of all possible sources of a rate increase, this would be
the most easy to justify to the public both from the standpoint of cosmetics
and public health.
Council Member Feldhaus. It should be a long-range plan and not predicated on
f ire-year increments.
Ed Aghjayan. They do have a long-term plan and have additional locations.
What might help is to talk about how they would fund the next ten years and
what streets - a general summary of what they are going to be looking at five
to 10 years or beyond five years. They can add that as a one-page supplement
to the plan to give some idea of what would be next.
Mayor Daly. The plan Public Utilities came up with was an excellent one and
all bases were covered very nicely. If they continue doing that, he feels the
community will continue their support. The sub-committee work has been very
helpful to the Council and they have defined a great balanced program.
Board Member McMillan. He did not hear an answer relative to the 2% increase
they would be proposing for the undergrounding program. They are pressing for
that only because there are a lot of things for the sub-committee to do. He
has not heard anything that indicates a yes or no.
Council Member Pickler. He got the impression the Council said yes. He has
heard some concurrence; Mayor Daly. He likes the 45 million dollar five-year
spending plan; Council Member Pickler. He favors the program.
Ed Aghjayan. He clarified they will be coming back in the September/October
time frame relative to the increase which will be effective January 1, 1994.
Mayor Daly. He is concerned about the timing of the decrease and then the 2%
across-the-board increase just as Board Member White. The Board might want to
go into that with staff when they get to that point.
Public Utilities Board Member Dale Stanton. There is an established schedule
and he is hearing that everybody is in favor of undergrounding. He questioned
then why the Council rejected the proposed 2% increase which was called for in
the five-year plan and Fiscal Year 1992/93.
Mayor Daly. When the last Utility rate increase package came to the Council,
there was confusion about all the various elements to the package. Staff did
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suggest that there was an alternative and that the plan could be adhered to
with short-term borrowing but there would be a price later. The Council made
that decision. If he is questioning the commitment to the undergrounding
program, the program is proceeding.
Board Member Stanton. He understands but is asking if they should not now be
considering in September or July a 3% increase in order to maintain the
schedule.
Ed Aghjayan. The schedule will then go to 3%. The Mayor is correct. Staff
offered that as an alternative. The rationale was, if they wanted to find a
way of lowering the overall increase, one alternative was to finance what they
needed for undergrounding this year realizing it would be necessary to pay
later. Instead of going from 1% to 2%, they would then have to go from 1% to
3% in January. They do have some low interest costs to pay for the coming
year financing. They had to borrow money in any case to satisfy a momentary
cash flow need. They borrowed 4 million dollars and added 2 million for a
total of 6 million. Thus, there are also momentary interest costs but not
significant to alter the total impact on the program.
Board Member White. He opposed the electric rate increase the last time
because it included the undergrounding of 1%, the reason being it was not an
across-the-board increase. The homeowners were picking up the increase and
the other side was not.
REVISION OF PROTESTED BILL PROCEDURE:
The recommendation is to change the file appeal body for contested billings
from the City Council to the Public Utilities Board.
Ed Aghjayan. The Municipal Code currently calls for a bill dispute process
which in the final analysis brings the bill dispute to the Council. The
Utilities Department thus far has been successful in settling most or all such
contested bills.
Council Member Pickler. He favors the revised protested bill procedure; Mayor
Daly. Staff must be doing a great job since the Council has not had to hear
any of the cases.
~d Aghjayan. After adding his praise for the work staff and customer service
~as done regarding protested bills, he explained they are prepared to bring
the proposal back to the Public Utilities Board. If everybody agrees the
procedure makes sense, it will give the customer and Utilities a more focused
f O rum.
Ed Aghjayan. Mr. Kazarian asked that this be a discussion item.
Chairman Kazarian. He wants again to express the importance of maintaining
their Capital Improvement program. While it is a sizeable part of the
Utilities budget, it is a very important component. It is easy in times of
recession to cut down on the Capital Improvement program. He just wanted to
discuss the importance of maintaining system reliability. There are law
changes everyday - for example, the Clean Water Act. The department is having
to spend untold millions to upgrade the Lenain Filtration Plant because it is
deemed ineffective in treating water in accordance with new clean water laws.
There has not been a reduction in Capital Improvement programs and he wants it
to remain that way. His point is, that it is an easy place to try to cut a
budget but it is not a wise place.
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Council Member Pickler. He concurs with Mr. Kazarian. He is under the
assumption that things that need to be done are being done. He asked staff if
they foresaw a departure from the policy of maintaining the Capital
Improvement program.
Board Member McMillan. What he feels Bob is addressing, it was only two
decades ago when the City's electrical system was in decay. It is very easy
to follow into those footsteps. The last ten years have been very positive
with regard to improvements, but twenty years ago it was not true.
After further discussion, Mayor Daly stated he feels the point is well stated
that in recent years they have been unanimously supportive of the Board's
recommendations to invest in the power supply and maintenance programs. They
appreciate the reminder. He then asked for a brief summary relative to water
and specifically the underground water supply.
Ed Alario, Assistant General Manager Water Services & Warehouse, gave a brief
summary update noting that the City has two sources of water. They pump
approximately 75% of the City's water and get the remainder from outside
sources through the Metropolitan Water District (MWD). He also reported that
because the Lenain Filtration Plant is shut down, water will cost them
considerably more during the 18 month period it is down. They hope to have
the plant back on line in March, 1994.
Ed Aghjayan. Traditionally, 70 to 75% of Anaheim's water comes from ground
water. They are presently in a very aggressive well drilling program. Staff
has defined an aquifer at 1500 feet of very high quality water. It is also
important that they be able to serve the growing East Anaheim Area. Normally
they purchase 20 to 25% of their water from MWD. They see that ratio
continuing with the exception of the 18 month period that the Lenain Plant
will be down.
Additional discussion/questions relative to water followed during which
Mr. Kazarian reported on the status of the water now in State reservoirs as
well as the MWD reservoirs. All are essentially full and they have gained
about 100,000 acre feet in the underground aquifer after a seven-year drought
which is very good. He also reported that the MWD is working to increase
their capacity. They are expected to be filling an 800,000 acre foot
reservoir near Hemet in Riverside County. It is a 1.6 billion dollar project
out of MWD's 6 billion dollar capital project program and it will double MWD's
storage capacity.
SECURITY LIGHTING PROGRAM:
Mayor Daly stated he has heard nothing but positive comments on the subject
program. He asked if they are going to maintain the program as is or "beef it
up".
Ed Aghjayan. They hope to continue to expand the program. The biggest
problem is that it is a very highly staff intensive program; Darrell Ament.
They now have about 1200 lights and it is a staffing issue. They have
partnered with Code Enforcement staff and are working closely with them.
Additional discussion followed about the positive aspects of the Security
Lighting program especially in reducing crime.
Mayor Daly and Council Members thanked the Public Utilities Board for the work
they have done as well as staff and for the informative workshop/joint
meeting.
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City Hall, Anaheim, California - COUNCIL MINUTES - JULY 20, 1993 - 5:00 P.M.
Chairman Kazarian. He thanked the Council for listening to them and likewise
for being able to listen to the Council's thinking process on Utility matters.
They need that type of interchange on a regular basis.
ADJOURNMENT- PUBLIC UTILITIES BOARD: By general consent the Public Utilities
Board meeting was adjourned. (3:34 p.m.)
By general Council consensus the City Council adjourned the regular meeting of
July 13, 1993 (held July 20, 1993). (3:34 p.m.)
LEONORA N. SOHL, CITY CLERK
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City Hall, Anaheim, California - COUNCIL MINUTES - JULY 20, 1993 - 5:00 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
COUNCIL MEMBERS: Feldhaus, Pickler, Simpson, Daly
COUNCIL MEMBERS: Hunter
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich
A complete copy of the .agenda for the meeting of the Anaheim City Council was
posted at 1:50 p.m. on July 16, 1993 at the Civic Center kiosk, containing all
items as shown herein.
Mayor Daly called the meeting of July 20, 1993 to order at 3:35 p.m.
REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items:
a. To confer with its Attorney regarding pending litigation
pursuant to Government Code Section 54956.9(a) to wit:
Dease, dba The Wounded Knee Saloon vs. City of
Anaheim, USDC Case No. CV93-1712RG(Sx)
b. To meet with and give directions to its authorized
representative regarding labor relations matters -
Government Code Section 54957.6.
c. To consider and take possible action upon personnel
matters pursuant to Government Code Section 54957.
d. To confer with its attorney regarding potential
litigation pursuant to Government Code Section
54956.9(b) (1).
e. To consider and take possible action upon such other
matters as are orally announced by the City
Attorney, City Manager or City Council prior to such
recess unless the motion to recess indicates any of
the matters will not be considered in closed
session.
By general Consent, the Council recessed into Closed Session. Council Member
Hunter was absent. (3:35 p.m.)
AFTER RECE$S= The Mayor called the meeting to order, all Council Members
being present, with the exception of Council Member Hunter and welcomed those
in attendance to the Council meeting. (5:37 p.m.).
INVOCATION: Lt. Troy Trimmer, The Salvation Army, gave the invocation.
FLAG SALUTE: Council Member Frank Feldhaus 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 and presented to Mary Ruth Pinson for
her service on the City's Parks and Recreation Commission for 16~ years,
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having been chairperson for three terms. Mary Ruth is now serving as a member
of the Community Redevelopment Commission.
Mayor Daly and Council Members commended Mrs. Pinson for her dedication and
commitment to the Anaheim Community. A plaque was also presented in
recognition of her work on the Parks and Recreation Commission.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,385,010.93 for the
period ending July 16, 1993, in accordance with the 1992-93 Budget, were
approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (5:45 p.m.)
Mayor Daly reconvened the City Council meeting. (6:02 p.m.)
ITEMS OF PUBLIC INTEREST:
Russell Schmitt, 5104 E. Woodwind Lane, Anaheim. He is present to ask the
Council's help in preventing serious injury or death to one or more of the
children who live and play near the 5100 block of E. Woodwind Lane.
(Mr. Schmidt subsequently submitted letter dated July 14, 1993 attached to
which was a petition from the residents on Woodwind.) He read his letter
which basically explained the concern he and the residents have with what they
consider an unsafe condition resulting from speeding on Woodwind Lane from
people who do not live there thus endangering their children as well as other
children who frequently play on that block. He relayed a recent accident
which occurred prompting them to ask for assistance. As stated in the
petition, the residents are "...requesting the City of Anaheim to place a
barricade at the corner of Post Street and Woodwind Lane between the northwest
and southwest corners thus making Woodwind Lane between Kellogg Drive and Post
Street a cul-de-sac with entrance to Woodwind Lane only from Kellogg Drive".
Mayor Daly. He asked Mr. Schmitt if he had an opportunity to discuss this
problem with the City's Traffic Department; Mr. Schmidt answered that he had
not.
Mayor Daly. He asked the City Manager to refer the matter to proper staff; a
representative from the Traffic Engineering Department was present to discuss
the matter with Mr. Schmidt.
Mike Mendoza, 5203 E. Woodwind Lane, Anaheim (corner of Post and Woodwind).
He has been fighting the problem for two years through the school and the
school board who turned the matter over to the fire marshall. Where the kids
are exiting from is not a parking lot but a field on which activities are
taking place. Everyday there are from 100 to 200 cars in the field. They go
through the stop sign at Post and Woodwind. The fire marshall told him the
gate cann0t be closed because it is a fire entrance, but it is not. Other
access points are not available. A sign is posted on the gate that says it is
to be closed and only open during certain days and hours. He clarified for
the Mayor that Mr. Schmitt is asking for something different. He (Mendoza) is
saying that the gate is 90% of the problem. They want the Council's help to
try to solve the problems that are occurring in the area.
Mayor Daly. He asked that Mr. Mendoza give his phone number to staff. Staff
will then combine both requests in order to assess the best course of action.
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Dr. Mary Ommanney, Psychologist, Psychological Guidance Center, 1019 W.
La Palma, Anaheim. Next Tuesday, there is an item scheduled to come before
the Council and she is asking for help to better prepare for the presentation.
The Psychological Guidance Center has been in operation since 1955 and there
have been no incidents or problems in the 38 years of operation. They are on
the staff at CPC Brea Canyon Hospital, Yorba Hills and St. Jude's. Those
facilities have expressed a need for a recovery home that would be supportive
of people in a twelve-step program after they have been in-patients in the
hospital. They decided to expand their operation and have a recovery home as
well as their out-patient facility. Everything was fine until the Planning
Commission met and they came 15 minutes after the item was over. The Planning
Commission decided to inform the tenants next door, the nursery school, but
not the owners. At the next meeting, many people were present and expressed
concern. They have never been through this process before. She does not know
whether to get letters from the three hospitals and have the directors attend
the meeting. They felt totally ill-equiped. It was so unpleasant last time
they are wondering if they should proceed.
City Attorney White. Dr. Ommanney should obtain a copy of the appropriate
sections in the Zoning Code that specify the criteria for the approval of what
he is assuming is a conditional use permit which indicates the type of
evidence that should be presented in front of the Council. It is up to each
individual applicant on how best to proceed. She should contact the Planning
Department. The Zoning representative at the counter will point her to the
right sections of the code as to the type of evidence that is germane.
Council Member Simpson noted that the Planning Director, Joel Fick was present
who would be happy to help Dr. Ommanney.
City Attorney White. The first thing she should do is to check with the City
Clerk's Office to determine exactly what is on the agenda next week. He is
not sure it is a public hearing. It may be a typical informational consent
calendar item coming from the Planning Commission.
Melinda Cafuentes. They purchased a home at 217 E. Sycamore. They wanted to
knock down the garage currently there and build a two-car garage. They went
to the Building Department and Building and Safety said there was no problem.
They have access through the alley so there is no curb access. They had to
cut the curb and were referred to Engineering and they had no problems either.
The problem arose when they were told permits could not be issued unless they
signed a form dedicatlng 6~ feet of their property. The lot £9 irregular -
67~ x 50 feet. If they dedicated 6~ feet, they would have to knock down their
porch and take a foot off that. They asked who would be able to help them and
have not been successful in finding that help. The Mayor's assistant
suggested that she speak to the Council.
City Attorney White. There is a procedure to follow. He assured through the
City Manager's Office the speaker can be put in touch with someone who can
explain that procedure. There is a process regarding dedications that allows
the applicant to file a petition that can come to the Council relating to
relief from the dedication requirement in certain instances if certain facts
are present.
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After further explanation from Mrs. Cafuentes, Mayor Daly stated that there is
an administrative alternative and she should leave her name and address with
the City Clerk's Office and will subsequently be referred to the right staff
people to handle the matter.
PUBLIC COMMENTS - AGENDA ITEMS:
Public input received on Item A3 (see discussion under that item).
MOTION: Council Member Simpson moved to waive reading in full of all
ordinances and resolutions to be acted upon for the Council meeting of
July 20, 1993. Council Member Daly seconded the motion. Council Member
Hunter was absent. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member
Pickler, seconded by Council Member Simpson, .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
Pickler offered Resolution Nos. 93R-153, 93R-158 and 93R-159, both inclusive,
for adoption and offered Ordinance No. 5384 for adoption. Refer to
Resolution/Ordinance Book.
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 Providence Farming Co., attn: Harvey Levich, for
property damage sustained purportedly due to actions of the City on or
about May 13, 1993.
b. Claim submitted by Scott Michael Ereckson, c/o Scott W. Hanssler,
esq., for bodily injury sustained purportedly due to actions of the City
on or about April 30, 1993.
c. Claim submitted by Alfonso Herrera for property damage sustained
purportedly due to actions of the City on or about June 3, 1993.
d. Claim submitted by Southern California Edison Co, attn: R.D. Crosby,
for property damage sustained purportedly due to actions of the City on or
about April 27, 1993.
e. Claim submitted by Dale Jacobs, c/o Paul J. Wallin, esq., for bodily
injury ~u~ained purp0r~e~ly ~u~ ~0 a¢~i0n~ of ~he City on or ab0u~
April 28, 1993.
f. Claim submitted by Geronimo Gregory Uribe for property damage
sustained purportedly due to actions of the City on or about January 27,
1993.
g. Claim submitted by Paul and Lois Roth, c/o Dale J. Peroutka, esq., for
bodily injury sustained purportedly due to actions of the City on or about
April 18, 1993.
h. Claim submitted by Maria Del Carmen Cardoso for property damage
sustained purportedly due to actions of the City on or about March 22,
1993.
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A2. 105: Receiving and filing minutes of the Senior Citizens Commission
meeting held June 10, 1993.
105: Receiving and filing minutes of the Community Service Board meeting held
June 10, 1993.
105: Receiving and filing minutes of the Community Redevelopment Commission
meeting held June 23, 1993.
105: Receiving and filing Disclosure of Property Interests in Redevelopment
Areas from Mitchell T. Caldwell, Planning Commissioner.
A3. 175: Awarding the contract to the lowest responsible bidder, Elser
Constructors, in the amount of $780,840 for Fairmont 12 KV Underground
Conduit/Vault System Phase II (Canyon Rim Road); and in the event said low
bidder fails to comply with the terms of the award, awarding the contract to
the second low bidder, as well as waiving any irregularities in the bids of
both the low and second low bidders.
John Stevens, Sasco Electric. He represents Sasco as manager of Contracts
Administration. They are a bidder on the subject job and are really the
lowest responsible bidder. Their bid was $749,148 at a savings to the City of
$31,668. In the recent past, they have been doing work for the City. They
have sent a letter to the City. At one time during the process, the
procurement department wanted to award to Sasco but received a letter from
Elser threatening a lawsuit. Elser cited the reasons why - they were
technical in nature but one centered upon by the City's procurement department
concerned bid item 6.
Mayor Daly interjected and asked if staff first had a comment on the matter.
City Attorney White. Both the Public Work's Department and his office are
very familiar with the situation being presented. He then explained the
specific problem having to do with the requirement in the bid proposal stating
in the event of any discrepancy between a unit price and extensions of a unit
price on a bid, that the City is obligated to calculate the bid amount based
upon the unit price rather than the extensions that the contractor or bidder
has provided. He then explained the discrepancy in detail concluding that
~fter the recalculation and retotaling, the bid which Sasco submitted turned
.Jut not to be the lowest bid. Case law is clear that is not proper procedure
to follow. He believes staff has followed the right procedure in awarding to
Elser rather than Sasco.
John Stevens. He stated it is true there was a discrepancy in line item 6.
They put in an amount of $4,115 for a unit price and also $4,115 for the total
price. The quantity to the very far left was 93. A mistake was made. They
thought it was going to be a lump sum item so $4,11~ was ~on~£dered lump sum.
It is obvious to the reader that multiplying 93 by $4,115 would be an enormous
number. There is also something in the bid documents which allows the City to
waive technical discrepancies if determined to serve the best interest of the
City. Sasco is the lowest bidder by nearly $32,000 - they are highly
qualified and have a good reputation with the City. He also feels that the
case cited does not apply completely as it might be suggested. Elser also
made a mistake in their bid on line item 3 very similar to Sasco but their
mistake is forgiven. He would suggest that the City does have an opportunity
if they want to of putting everybody on a level playing field. Throw out all
the bids or forgive the error that was made by Elser in line item 3 and
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City Hall, Anaheim, California - COUNCIL MINUTES - JULY 20, 1993 - 5:00 P.M.
forgive the error made by Sasco in line item 6 and depend upon the intent of
the parties.
City Attorney White. Both the Elser and Sasco bid were calculated by staff in
the same manner. The Elser bid did contain a similar error but in the
recalculation, while they made a mistake in the line item, when the extensions
were carried out, the bottom line turned out to be exactly correct based upon
the City's recalculation and what they submitted. That is the difference.
Thomas Kopasich, 195 Bonnie Jean, Anaheim. He works for Elser Constructors.
The City is satisfied they are a reputable contractor. He is present to
maintain the integrity of the competitive bidding statute. What Sasco is
leading the City Council to believe is that they should be given the option of
selecting one of two numbers. Either $749,000 that they are urging should be
their low bid or $1,127,000 which is what would be calculated looking at their
actual bid documents.
They are given an option of being low bidder or take the position that they
made a mistake on their bid. They should not be given that option. Elser was
not given that option. Elser followed the rules.
A4. 176: RESOLUTION NO. 93R-158: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS,
HIGHWAYS AND SERVICE EASEMENTS. (Abandonment No. 93-8A, pedestrian and trail
easement located from the cul de sac, north side of Maychelle Drive to the
Santa Ana River Trail, suggested date for public hearing August 10, 1993.)
A5. 123: Approving a revised Program Supplement to the Agreement with
Caltrans on Motorist Information and Route Guidance System Elements.
A6. 184: Approving a First Amendment to the Emergency Consultant Agreement
with Eberhart & Stone, Inc., in the amount of $75,000 for emergency services
performed prior to April 19, 1993.
A7. 160: Accepting the low bid of Altec Industries, Inc., in the amount of
$46,504 for one one-ton chassis with a 29-foot aerial device, all in
accordance with Bid #5162.
A8. 123: Approving Agreements with the City of Yorba Linda Public Library
and the Placentia Library District for utilization of the City's Integrated
Online Library System.
A9. 123: RESOLUTION NO. 93R-159: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE JOB TRAINING PARTNERSHIP ACT MASTER SUBGRANT
AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE STATE OF CALIFORNIA FOR THE
PERIOD OF JULY 1, 1993 THROUGH JUNE 30, 1994. (To provide funding for
admin£~t~ativ~ and t~aining a~ivi~£~ ~o~ a~ul%~ an~ y~u%h ~e~ve~ in the JTPA
Program.)
152: Authorizing the City Manager to execute said JTPA Agreement on behalf of
the City.
Al0. 149: ORDINANCE NO. 5384 - ADOPTION: AN ORDINANCE OF THE CITY OF
ANAHEIM DELETING SECTION 1.01.391 OF CHAPTER 1.01 OF TITLE 1, ADDING SECTIONS
14.32.510, 14.32.520 AND 14.32.530 AND AMENDING VARIOUS SECTIONS OF CHAPTER
14.32, OF TITLE 14, OF THE ANAHEIM MUNICIPAL CODE IMPLEMENTING CIVIL PENALTIES
FOR PARKING AND STANDING VIOLATIONS. (Introduced at the meeting of July 13,
1993. )
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RESOLUTION NO. 93R-153: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING THOSE PARKING PENALTIES FOR VIOLATIONS OF THE ANAHEIM
MUNICIPAL CODE, THE CALIFORNIA VEHICLE CODE AND OTHER CODES RELATING TO
PARKING AND STANDING OF VEHICLES IN THE CITY OF ANAHEIM.
Ail. 123: Approving an Agreement with Carolyn Griebe & Associates, in an
amount not to exceed $36,000 for public relations services in connection with
the development, promotion, coordination, and implementation of the
anti-graffiti program.
Al2. 117: Receiving and filing a Summary of Investment Transactions for
June, 1993, as submitted by the City Treasurer.
Al3. 124: Approving the revised Americans With Disabilities Act language now
contained in the Convention Center Lease Agreements.
Al4. 123: Approving a Third Amendment to Agreement with Montgomery Watson
Americas, Inc., in the amount of $185,991 for the consulting engineering
services for the Linda Vista and Olive Hills Water Modifications Projects, as
recommended by the Public Utilities Board at their meeting of July 1, 1993.
Al5. 123: Approving an Agreement with Power Engineers, Inc., at a cost not
to exceed $74,882 for consultant services to perform an electric system
protection evaluation study.
Al6. 152: Approving the funding recommendations, training categories,
selection of the JTPA service providers and vendors for the period from
July 1, 1993 through June 30, 1994; and authorizing the JTP Manager to execute
the necessary subcontract agreements and modifications thereto.
Al7. 123: Waiving Council Policy 401 and approving an Agreement with DGA
Consultants, Inc., in an amount not to exceed $135,500 for engineering design
services for design of a satellite parking lot for the Anaheim Arena and for
street improvements to Douglass Road and Cerritos Avenue.
Council Member Pickler. He asked what the money was going to be used for;
City Manager Ruth answered it is allocated for the design improvements
· necessary for the improvement of Douglass and Cerritos. He clarified the
~oney comes from the Bond Funds sold relating to the Arena. The money is in
..ne construction fund and will be used for design purposes. Relative to the
~.arking lot, they will come back with an absolute lease which would have to be
~pproved by the Council.
Roll Call Vote on Resolution Nos. 93R-153, 93R-158 and 93R-159, both
inclusive· for adoption:
AYES.'
NOES:
ABSENT:
COUNCIL MEMBERS.' Feldhau-~, Hunter, Pickler, Simpson, Daly
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 93R-153, 93R-158 and 93R-159, both
inclusive, duly passed and adopted.
Roll Call Vote on Ordinance No. 5384 for adoption:
AYES:
NOES:
COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
COUNCIL MEMBERS: None
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ABSENT:
COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 5384 duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
Al8. 105: RESIGNATION FROM PRIVATE INDUSTRY COUNCIL:
MOTION: Council Member Daly moved to accept the resignation of Lynn Thompson
from the Board of Directors of the Private Industry Council. Council Member
Simpson seconded the motion. Council Member Hunter was absent. MOTION
CARRIED.
179: URGENCY ORDINANCE NO. 5386: Adopting an interim measure prohibiting
certain uses of property which may be in conflict with a zoning proposal the
City is studying or intends to study and declaring that this ordinance is an
urgency measure which shall take immediate effect.
Mayor Daly. He is going to ask the City Attorney to introduce an ordinance
which would place a moratorium on the operation of adult entertainment
businesses in the City for a period of 45 days.
City Attorney White. Last Wednesday, the City received word from the Federal
District Court in Los Angeles that the court in a lawsuit relating to the
Wounded Knee Saloon on Brookhurst Street had ruled the City's adult
entertainment ordinance provision requiring conditional use permits for adult
entertainment businesses and specifically relating to those uses that the
United States Supreme Court has previously deemed to constitute free
expression under the First Amendment of the United States Constitution, had
been declared unconstitutional in that case. As a result of the court
decision, City staff is recommending that the City Council authorize staff to
pursue drafting possible amendments to be considered by the Planning
Commission and the City Council to amend the current adult entertainment
ordinance. They anticipate having those amendments back to the Council for
consideration within the next 45 days. In connection with that, he has
drafted and staff is recommending for Council consideration a moratorium
ordinance that would prohibit the establishment of any new adult entertainment
businesses within the next 45 days while City staff is studying and preparing
possible amendments to the City's ordinance. The moratorium ordinance if
adopted will take effect this evening. Staff was unable to have it prepared
in time to be placed on the normal Council agenda. It is important for the
Council to consider the matter this evening because it is possible that other
businesses may be seeking to establish in Anaheim without the City having in
place ordinances that relate to the establishment of those businesses. If
allowed to go in before they adopt new or different regulations, it is
possible those businesses could be located in a manner which would be in
conflict with the new regulations adopted.
Because the need to act was not known in time to place the matter on the
normal Council agenda and because it is not in the public interest to wait an
additional week, he is recommending that the Council adopt a motion waiving
the 72-hour posting provision of the Brown Act to consider the moratorium as
he described.
MOTION: Council Member Daly moved to waive the 72-hour posting provision of
the Brown Act including the findings articulated by the City Attorney.
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Council Member Feldhaus seconded the motion. Council Member Hunter was
absent. MOTION CARRIED.
City Attorney White. Because it is an urgency ordinance, it is necessary that
he read the entire provision. The City Attorney thereupon read the proposed
ordinance (Ordinance No. 5386) in full.
Subsequently, Mayor Daly stated because the item was not on the Agenda, at
this time he is asking if anyone is present who wishes to speak to the
proposed ordinance.
James Pack, he happened to be sitting in on the meeting. He is a citizen of
Tustin but he is opposed to establishments like this if adult entertainment
means what he thinks it means.
Before a vote was taken on the ordinance, City Attorney White, at the request
of Council Member Pickler, explained how such adult businesses are protected
under the First Amendment to the Constitution.
A vote was then taken on the foregoing ordinance. Refer to Ordinance Book.
ORDINANCE NO. 5386: AN ORDINANCE OF THE CITY OF ANAHEIM ADOPTING AN INTERIM
MEASURE PROHIBITING CERTAIN USES OF PROPERTY WHICH MAY BE IN CONFLICT WITH A
ZONING PROPOSAL THE CITY IS STUDYING OR INTENDS TO STUDY AND DECLARING THAT
THIS ORDINANCE IS AN URGENCY MEASURE WHICH SHALL TAKE IMMEDIATE EFFECT.
Roll Call Vote on Ordinance No. 5386 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Feldhaus, Pickler, Simpson, Daly
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Hunter
The Mayor declared Ordinance No. 5386 duly passed and adopted and effective
immediately.
ITEMS Bi - B6 FROM THE PLANNING COMMISSION MEETING OF JUNE 28, 1993
INFORMATION ONLY - APPEAL PERIOD ENDS JULY 20, 1993:
31. 155: FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 316,
RECLASSIFICATION NO. 92-93-05, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE
PERMIT NO. 3566:
OWNER: California State Teachers' Retirement System, a Public Entity,
7667 Folsom Boulevard, Sacramento, CA 95826
AGENT~ O'Connor Realty Advisors, Inc., Attn~ Mike Strle, Vice
President, 11601Wilshire Boulevard, Los Angeles, CA 90025
Donuhue Schrib~r, 3501 Jambor~ R~ad, St~. 300, Attn~ Bra~ D~¢k,
President, Development, South Tower, Newport Beach, CA 92660
LOCATION: 444-600 North Euclid Street. Property consists of two
irregularly-shaped parcels of land: Parcel 1 consists of approximately
38.25 acres bounded on the north by Crescent Avenue, on the east by
Loara Street, on the south by the Santa Ana Freeway (Interstate 5), and
on the west by Euclid Street (Anaheim Plaza). Parcel 2 consists of
approximately 8.82 acres located at the northeast corner of Crescent
Avenue and Euclid Street, having approximate frontages of 620 feet on
the north side of Crescent Avenue and 640 feet on the east side of
Euclid Street.
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To consider certification of Supplemental Environmental Impact Report
No. 316 (Anaheim Plaza Project).
To reclassify subject property (Parcel 1) from CG (Commercial, General)
to CL (Commercial, Limited).
To permit the phased construction of a commercial retail center with an
indoor entertainment facility, an automotive repair and parts
installation facility in conjunction with a major retail tenant, semi-
enclosed restaurants (outdoor dining/food court), and an
auditorium/community meeting room with waiver of minimum structural
setback abutting an arterial highway, permitted encroachment into
required yard areas, landscaping of required yards, parking lot
landscaping, maximum sign area, maximum number of freestanding signs,
maximum area of freestanding signs, minimum distance between
freestanding signs and/or roof signs, maximum height of freestanding
signs, maximum number of roof signs, maximum area of roof signs, maximum
height of roof signs and maximum height of illuminated roof signs.
ACTION TAKEN BY THE PLANNING COMMISSION:
Final Supplemental EIR NO. 316 CERTIFIED
Reclassification No. 92-93-05 GRANTED, UNCONDITIONALLY (PC93-72) (4 yes
votes, 2 abstained, and 1 absent).
CUP NO. 3566 GRANTED (PC93-73).
DEVELOPMENT AGREEMENT NO. 93-01 CONTINUED to the Planning Commission
meeting of July 26, 1993.
Appealed by the agent, Donahue Schriber. Set for City Council public
hearing this date (See Item D2).
See Item D2 on today's agenda. This item was subsequently continued to
Tuesday, July 27, 1993.
B2. 179: CLASSIFICATION NO. 92-93-10 AND NEGATIVE DECLARATION:
OWNER: Leonard J. Lawicki, 1691 S. Euclid Street, Anaheim, CA 92802,
James J. Fornator and Marion R. Fornator, 603 S. Adria, Anaheim, CA
92802
LOCATION: 1707 and 1713 West Sallie Lane. Property is approximately
0.44 acres located on the north side of Sallie Lane and approximately
110 feet west of the centerline of Euclid Street.
To reclassify subject property from the RS-7200 to CL Zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 92-93-10 GRANTED (PC93-74) (6 yes votes, 1 absent).
Approved Negative Declaration.
B3. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3611 AND
NEGATIVE DECLARATION:
OWNER: Cynthia L. Floriani, 217 N. Emily Street, Anaheim, CA 92805
LOCATION; 217 North Emily Street. Property is approximately 0.15 acre
located on the west side of Emily Street and approximately 145 feet
south of the centerline of Cypress Street.
To permit a 537-square foot "granny unit" in conjunction with an
existing single-family residence with waivers of (A) maximum lot
coverage, and (B) minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3611 GRANTED, IN PART-waiver A deleted (PC92-75) (6 yes votes, 1
absent ).
Waiver of code requirement APPROVED.
Approved Negative Declaration.
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B4. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3613 AND
NEGATIVE DECLARATION:
OWNER: Zion Evangelical Lutheran Church of Anaheim
AGENT: Thomas Meyer, 222 N. East Street, Anaheim, CA 92805
LOCATION: 222 N. East Street. Property is approximately 8.2 acres
located at the southeast corner of Cypress Street and East Street.
To permit 3 portable classrooms (2,880-square feet total) in order to
expand an existing private elementary school with waiver of minimum
number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3613 GRANTED, for 7 years, to expire on June 28, 2000 (PC93-76)
(6 yes votes, 1 absent).
Waiver of code requirement APPROVED.
Approved negative Declaration.
B5. 179: CONDITIONAL USE PERMIT NO. 1215 AND NEGATIVE DECLARATION:
OWNER: Fred B. Kenney, 3200 E. Carpenter Avenue, Anaheim, CA 92806
LOCATION: 3200 East Carpenter Avenue. Property is approximately 5.89
acres located on the south side of Carpenter Avenue and approximately 80
feet east of the centerline of Shepard Street. (Camelot Golfland).
Review of revised plans to permit a 3,482-square foot children's play
area within an existing amusement facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
The Planning Commission approved revised plans for CUP NO. 1215 as being
in substantial conformance. (PC93-77) (6 yes votes, 1 absent).
Negative Declaration previously approved.
B6. 108: PROPOSED CODE AMENDMENT PERTAINING TO AGE LIMITATIONS FOR ADULT
ENTERTAINMENT BUSINESS.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reviewed for comments relative to potential adoption by City Council.
END OF THE PLANNING COMMISSION ITEMS.
B7. 179: ORDINANCE NO. 5385 FOR ADOPTION: Amending Title 18 to rezone
property under Reclassification No. 92-93-07 located at 1007 West Lincoln
Avenue to the CL zone. (Continued from the meeting of June 15, 1993, as it
relates to the public hearing (D3) on agenda this date.) (Introduced at the
meeting of July 13, 1993.)
Council Member Daly offered Ordinance No. 5385 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 5385: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
Roll Call Vote on Ordinance No. 5385 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Feldhaus, Pickler, Simpson, Daly
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Hunter
The Mayor declared Ordinance No. 5385 duly passed and adopted.
B8. 179: REQUEST FOR EXTENSION OF TIME - CONDITIONAL USE PERMIT NO. 3390:
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REQUESTED BY: Dwyer J. Beesley, 125 N. Gilbert #206, Anaheim, CA 92801
The property is located at 209 N. Gilbert Street and the petitioner is
requesting an extension of time retroactive to May 21, 1993 and to
expire May 21, 1994 to comply with conditions of approval. Conditional
Use Permit is for the construction of a 9-unit affordable senior
citizens apartment complex with waivers of minimum building site area
per dwelling unit, maximum structural height, minimum structural setback
from the street, and minimum setback to single family residential
zoning.
Mayor Daly. He opposed the project two years ago when it first came before
the Council and continues to have concerns with the proposal. He will
continue to vote in opposition.
Council Member Pickler. He knows Mr. Beesley has one of the projects on
Gilbert now and it is a good project. With this project, there is going to be
a chain of such units on Gilbert. Eventually the other single-family lots are
going to do the same thing and thus will inundate the area. He is also going
to oppose the extension of time.
City Attorney White explained that the conditional use permit will expire if
the Council does not grant the extension. If it is approved, they should do
so with certain conditions specified in the staff report of July 13, 1993 from
the Zoning Administrator Annika Santalahti and those should be incorporated
into any motion to approve. He also clarified for the Mayor that if there is
a split vote regarding the requested extension, by Council rule, the issue
would automatically carry over to the next meeting when a full Council was
present which he believes will be next Tuesday.
MOTION: Council Member Feldhaus moved to approve the requested extension of
time on Conditional Use Permit No. 3390. Council Member Simpson seconded the
motion. Council Members Feldhaus and Simpson voted yes, Council Members
Pickler and Daly voted no. Council Member Hunter was absent.
Because there is a tie vote, the matter is, therefore, automatically carried
over to the next meeting for a full Council vote.
B9/B10. 155: REQUEST FOR REHEARING - THE DISNEYLAND RESORT - ENVIRONMENTA?.
IMPACT REPORT NO. 311; GENERAL PLAN AMENDMENT NO. 331; THE DISNEYLAND R_RSORT
SPECIFIC PLAN NO. 92-1 (INCLUDING ZONING AND DEVELOPMENT STANDARDS, A DESIGN
PLAN AND GUIDELINES AND A PUBLIC FACILITIES PLAN) ; AND ANAHEIM COMMERCI/~T.
RECREATION AREA MAXIMUM PERMITTED STRUCTURAL HEIGHT ORDINANCE:
(1) To consider a request dated July 14, 1993 by Centralia School District
for a rehearing of the Disneyland Resort submitted by Marshall B. Krupp of
Community Systems Associates, Inc.
(2) To consider a request dated July 14, 1993 by the Garden Grove Unified
School District for a rehearing of the Disneyland Resort submitted by Marshall
B. Krupp of Community Systems Associates, Inc.
MOTION: Council Member Daly moved to deny the request by the Centralia School
District for a rehearing of the Disneyland Resort as submitted by Marshall B.
Krupp of Community Systems Associates, Inc. Council Member Feldhaus seconded
the motion.
Before a vote was taken, Mr. Marshall B. Krupp, President, Community Systems
Associates, Inc., 730 E1 Camino Way, Suite 200, Tustin, CA 92680, spoke. The
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rehearing request has been authorized by both the Garden Grove Unified School
District Board of Education as well as the Centralia School District. In
addition, he would also like to request in consideration of the discussions
which have occurred over the last week with the two districts, City staff,
City Manager, Mayor Daly and representatives of Disney, that they also might
consider this evening a waiver of the statute of limitations on EIR 311, GPA
331, SP 92-1, including all applicable resolutions and ordinances for a period
of 30 days beginning July 24, 1993 subject to the following conditions:
(1) An agreement mutually executed by the districts and the City prior
to 12:00 noon, Friday, July 23, 1993.
(2) That the two school boards authorize the execution of such an
agreement.
(3) That the Disney Company agree to the waiver.
It appears that there potentially could be a resolution of the dispute between
the parties and it would appear to be in everyone's best interest if they all
agree to extend that period of time to allow continued discussions to occur.
If they do not consider that request of waiver, they have no other option but
to pursue what other remedies they have.
Mayor Daly. He asked Mr. Krupp if the request for a waiver on the statute was
part of the written request.
Marshall Krupp. It is not. The request has come about as a result of several
phone calls that took place this afternoon from different parties and some
rumors that are spreading that it might be in everybody's best interest to try
to resolve the matter before any lawsuits are filed. Because the Council only
meets tonight, it might be appropriate if the parties can agree before Friday
to those conditions, including Disney, so they would not have to come back to
the Council and call for a special meeting prior to July 24. He confirmed for
the Mayor that the request applies to both districts subject to the same three
conditions.
Mayor Daly asked Mr. Krupp if he had any additional comments.
~arshall Krupp. They believe they can support all the grounds and facts that
nave been presented for the rehearing and would be disappointed if the Council
did not give them an opportunity to bring those to the Council in a more
comprehensive manner outside of the complexity of the hearing that took place
previously before the Planning Commission and Council. The district still
believes in and supports the project in concept but believes there is a
necessity to provide for adequate mitigation. The last 30 days has not
brought forth the final solution. A rehearing will give that opportunity.
Mayor Daly asked if staff had any comments to offer to the verbal request.
City Attorney White. He would offer three points - the first is that the
additional request is not on the Agenda and by law the Council cannot take an
action on something that is not on the agenda without making certain findings
as to why this could not have been agendized in a timely manner and why it is
urgent to protect the public health, safety and welfare to act on it tonight.
Secondly, Disney is not present and they are most affected by any waiver. He
would be hesitant to take any action that affects their development rights
without informing them that the item is being considered tonight. Thirdly, in
the event that any party feels it is necessary to preserve their rights to
file litigation, that does not mean that litigation has to be pursued without
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an opportunity to explore settlement. In any litigation they always entertain
settlement proposals.
Marshall Krupp. There is a representative from Disney in the audience, but he
is not sure he is capable of binding Disney.
City Attorney White. He would like Mr. Krupp to indicate whether or not he
contacted Disney officials and who he contacted that he would be coming here
tonight and making this request to the City Council concerning their project.
Marshall Krupp. He is not representing they contacted Disney but requesting
action by the City Council with a condition that would make it subject to
Disney's concurrence. If Disney does not concur, the statute of limitations
would remain and they will then proceed as appropriate.
City Attorney White. The mere fact somebody may file a lawsuit does not
preclude the parties continuing to negotiate to settle.
Council Member Pickler. The only thing he would like to say, in his opinion,
Centralia and Garden Grove School Districts are doing something that is self
serving and not in the best interest of Orange County, the City or the State.
It is wrong to try and thrust all their problems onto Anaheim and Disneyland.
It is positive they are still negotiating and that is a step in the right
direction. The project is one that will benefit all.
A vote was then taken on the motion by Council Member Daly, seconded by
Council Member Feldhaus to deny the request by Centralia School District for a
rehearing of the Disneyland Resort submitted by Marshall B. Krupp of Community
Systems Associates, Inc. Council Member Hunter was absent. MOTION CARRIED.
MOTION: Council Member Daly moved to deny the request by the Garden Grove
Unified School District for a rehearing of the Disneyland Resort as submitted
by Marshall B. Krupp of Community Systems Associates, Inc. Council Member
Pickler seconded the motion. Council Member Hunter was absent. MOTION
CARRIED.
AFTER RECESS: Chairman Daly reconvened the Anaheim Redevelopment Agency, all
Agency Members being present with the exception of Agency Member Hunter.
(7:17 p.m. )
D1. 161: CONTINUED JOINT PUBLIC HEARING - REDEVELOPMENT AGENCY/CITY COUNCIL:
To consider the proposed allocation of public funds for the purpose of paying
all or part of the value of the land for, and the cost of the installation and
construction of, certain buildings and other public improvements to be jointly
owned by the City and the Agency, to wit, City Hall West and appurtenant
improvements, pursuant to the Cooperation Agreement, as amended, by and
b~ewe~n the City and eh~ Agency (the "Ag~m~ne"). The pu~po~ of eh~ jo£ne
public hearing is to receive testimony from the public regarding the proposed
expenditure of Agency funds. Public Hearing continued from the meeting of
July 13, 1993 to this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - June 29 and July 6, 1993
RESOLUTION NO. (REDEV) ..... : Making certain findings with respect to City
Hall West.
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RESOLUTION NO. (REDEV) ..... : Approving First Amendment of Cooperation
Agreement for City Hall West.
RESOLUTION NO. (REDEV) ..... : Approving the Co-Tenancy Agreement for City
Hall West.
RESOLUTION NO. (COUNCIL) ..... : Making certain findings with respect to City
Hall West.
RESOLUTION NO. (COUNCIL) ..... : Approving First Amendment of Cooperation
Agreement for City Hall West.
RESOLUTION NO. (COUNCIL) ..... : Approving the Co-Tenancy Agreement for City
Hall West.
Lisa Stipkovich, Executive Director of Community Development. She is asking
for an additional continuance on this item. They have not been able to get
clarification from the Bond Counsel for the Utilities Department as of yet on
the specific documents. Staff will make sure they provide a memo on whether
it will be a revised packet or exactly what the status will be.
Chairman/Mayor Daly asked for clarification if she is planning on bringing the
item back next Tuesday or is there uncertainty that will happen.
Lisa Stipk0vich. She is meeting tomorrow with the bond counsel for the
Utilities Department and will know more than. She clarified she prefers to
have the matter continued rather than removed from the agenda at this time.
Otherwise, they will have to renotice the public hearing. She will give
advance notice whether it can be revised for next week.
MOTION: Agency/Council Member Pickler moved to continue the joint public
hearing one week to Tuesday, July 27, 1993 at the request of staff.
Agency/Council Member Daly seconded the motion. Agency/Council Member Hunter
was absent. MOTION CARRIED.
ADJOURNMENT: By General Agency Consensus the Anaheim Redevelopment Agency
meeting was adjourned after discussion regarding the graphic's program for
Anaheim Plaza under public hearing Item D2 of the City Council meeting (see
discussion under that item). (8:20 p.m. )
D2. 155: PUBLIC HEARING - FINAL SUPPLEMENTAL EIR NO. 316, RECLASSIFICATION
NO. 92-93-05, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3566:
OWNER: California State Teachers' Retirement System, a Public Entity,
7667 Folsom Boulevard, Sacramento, CA 95826
AGENT: O'Connor Realty Advisors, Inc., Attn: Mike Strle, Vice
President, 11601Wilshire Boulevard, Los Angeles, CA 90025
Donahue Schriber, 3501 Jamboree Road, Ste. 300, Attn: Brad Deck, Vice
President, Development, South Tower, Newport Beach, CA 92660
LOCATION/REQUEST: The property is located at 444-600 North Euclid
Street. The property consists of two irregularly-shaped parcels of
land: Parcel 1 consists of approximately 38.25 acres bounded on the
north by Crescent Avenue, on the east by Loara Street, on the south by
the Santa Ana Freeway (Interstate 5), and on the west by Euclid Street
(Anaheim Plaza). Parcel 2 consists of approximately 8.82 acres located
at the northeast corner of Crescent Avenue and Euclid Street, having
approximate frontages of 620 feet on the north side of Crescent Avenue
and 640 feet on the east side of Euclid Street.
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City Hall, Anaheim, California - COUNCIL MINUTES - JULY 20, 1993 - 5:00 P.M.
To consider certification of Supplemental Environmental Impact Report
No. 316 (Anaheim Plaza Project).
To reclassify subject property (Parcel 1) from CG (Commercial, General)
to CL (Commercial, Limited).
To permit the phased construction of a commercial retail center with an
indoor entertainment facility, an automotive repair and parts
installation facility in conjunction with a major retail tenant, semi-
enclosed restaurants (outdoor dining/food court), and an
auditorium/community meeting room with waiver of minimum structural
setback abutting an arterial highway, permitted encroachment into
required yard areas, landscaping of required yards, parking lot
landscaping, maximum sign area, maximum number of freestanding signs,
maximum area of freestanding signs, minimum distance between
freestanding signs and/or roof signs, maximum height of freestanding
signs, maximum number of roof signs, maximum area of roof signs, maximum
height of roof signs and maximum height of illuminated roof signs.
ACTION TAKEN BY THE PLANNING COMMISSION:
Final Supplemental EIR NO. 316 CERTIFIED
Reclassification No. 92-93-05 GRANTED, UNCONDITIONALLY (PC93-72) (4 yes
votes, 2 abstained, and 1 absent).
CUP NO. 3566 GRANTED (PC93-73).
The Development Agreement No. 93-01 was continued to the Planning
Commission meeting of July 26, 1993.
HEARING SET ON: The decision of the Planning Commission was appealed by the
agent Donahue Schriber, and public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - July 8, 1993
Mailing to property owners within 300 feet - July 8, 1993
Posting of property - July 9, 1993
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated June 28, 1993.
Lisa Stipkovich, Executive Director of Community Development. As part of the
hearing tonight, staff would like to have a short presentation regarding the
entitlement package for the Anaheim Plaza. The Council has seen most of the
land use proposals and previously approved as the Agency or City the overall
project. Tonight are the actions the Council would need to take in order to
approve the entitlements. One of the things they feel is important for the
Council to review is the graphics package. A short presentation will be made
by the Graphics Consultant, Graphic Solutions, Simon Andrews. The item was
trailed from the A~ency meetin~ (Agency 3). The Plannin~ Commission a~proved
thi~ and al~o th~ R~d~v~lopm~nt Commission. Th~r~ ar~ al~o r~p~~ntativ~
from the neighborhood group. She further confirmed that the site plan had not
changed in any way.
Simon Andrews, Graphic Solutions. He gave a slide presentation explaining the
graphics plan in detail, the main theme being agrarian, consisting of very
strong contrasting colors creating visual drama. (Also see Anaheim Plaza,
sign plan dated May 12, 1993, prepared by Graphic Solutions which included
center identification and site signage, tenant and ancillary signage, i.e.
sign type criteria, project signage menu, sign location plan, submittals and
approvals, design guidelines, tenant signage menus and exhibits which were
briefed in the presentation. The actual plans were also subsequently posted
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for viewing by the Council.) At the conclusion of his presentation, he
explained that Mrs. Stipkovich has a package which spells out three waivers
and conditions which they would like to clarify. (See letter dated July 20,
1993 to the City Clerk from Graphic Solutions - re: Anaheim
Plaza/CUP 3566/Appeal of Approvals related to the graphic's program.) The
three items were, (1) waiver (k) - maximum area of roof signs, (2) condition
(5) and (3) condition 26. The submittal listed what was approved under each
item and what was requested and subsequently on pages four and five what was
requested and a discussion as to why.
Extensive discussion and questions by the Council followed which were answered
by Mr. Andrews, Mrs. Stipkovich and Jan Wohlwend, O'Connor Management, General
Manager of Anaheim Plaza. Additional comments were provided by Brad Deck,
Donahue Schriber representing CALSTRS. He noted it is important to keep in
mind this is one of two regional sites in Anaheim. They have created a unique
sign program which is absolutely necessary for the revitalization of the new
Anaheim Plaza for two specific reasons - it has been a difficult site to
market from a tenant standpoint. They have been successful in obtaining
commitments from four of the major tenants for the area south of Crescent.
One of the major reasons was that they were able to provide them with signage
both visible from the I-5 and Euclid. The other reason, they believe this
kind of signage helps set Anaheim Plaza apart from other centers. It is
unique, different and it creates excitement. They have found in their other
developments this kind of graphics program does create the kind of shopping
experience customers are looking for today. He then gave a status report of
the development during which he explained they are working through major
tenant commitments and currently are fast tracking those in hopes of trying to
obtain commitments from the major tenants in order to start construction in
the fall, hopefully by next month. They are also striving for a schedule
which would deliver a store to Walmart in the Fall of 1994. It is based upon
that schedule that they are before the Council today asking for approval of
the graphics and the balance of the entitlements.
Lisa Stipkovich. One of the other major elements that will set this project
apart is the landscaping plan. The Council did review and approve the concept
plan that they think is very significant in terms of the level of landscaping.
The landscaping and graphics work together. The trellis was discussed as part
of the landscape program for the area and staff is prepared to show that to
-he Council.
Mayor Daly opened the public hearing.
Jeff Kirsch, 2661W. Palais, Anaheim. He is speaking to the EIR. Relative to
solid waste disposal, the City will still be served by the same limited
landfill space as the Disney project. How can a statement be made that for
this project which has a comparable demand as the Disney project that it can
~e Inslgn~Ican%. He ~s also concerne~ a~out the tra~£1c £1ow in the area
especially with regard to Euclid. In view of the past problems in the West
Anaheim area that have, in his opinion, been the consequence of inadequate
review, he is asking that they give this project the review it deserves in the
area of infrastructure particularly on these two topics.
Miriam Kaywood. (She was on the RAP Group Executive Committee. The group of
concerned residents who formed as a coalition relative to the redevelopment of
Anaheim Plaza.) They went over many facets of the project with the hope that
it would occur. They are at the point now where it is in a reality mode.
Walmart has agreed to commit. The people who talked to her cannot wait for it
to open. They looked into everything that went into the rebuilding. It has
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to be remembered this was previously a shopping mall. It was the only
regional mall at the time. It is not something new that people will be
traveling to. There will be improvements to the freeway. They are looking
forward to that and to the tax returns coming to the City that have been
delayed. She urged unanimous approval and they are looking forward to the
project being built and completed.
There being no further persons who wished to speak, Mayor Daly closed the
public hearing.
Council Member Feldhaus posed questions relative to the automotive parts and
repair facility in conjunction with the center, as well as the freeway sign
(P1) and the entry signs (P2) conditioning those so that they require vines
that will grow up the signs to prevent graffiti or at the first sign of
graffiti, that it be removed within 24 hours and then vines planted.
Lisa Stipkovich. Relative to the automotive facility, it is a part of the
Walmart Store; Mr. Andrews answered relative to the graffiti problem reporting
that there are a number of techniques available to discourage and also help
remove graffiti and they would take those precautions.
Mayor Daly. The Council has only had a couple of days to review these final
items relative to the project. Therefore, he respectfully requests a 7-day
continuance. He would like to resolve the few questions and concerns he has.
He is impressed and excited about the sign graphics and feels they are very
attractive. He has some questions about traffic circulation and parking and
some other issues. He would like the time to review all of the details of the
proposal.
MOTION: Council Member Daly moved to continue the subject public hearing to
Tuesday, July 27, 1993. Council Member Pickler seconded the motion.
Before a vote was taken, additional discussion took place as a result of
questions posed by Council Member Feldhaus to Mrs. Kaywood regarding whether
or not the RAP Group had discussed the automotive parts and repair facility.
Mrs. Kaywood reported, not specifically but there was such a facility as part
of the Broadway. Since an automotive facility had been there before, there
was no concern voiced by anyone.
Council Member Pickler asked if a one-week delay was going to be a problem;
Lisa Stipkovich. It is not going to be a critical problem. They are anxious
to get this behind them and get moving, but she believes a week is something
the developers can live with.
Mayor Daly. He asked what the thinking is on pads A,B and C.
Lisa Stipkovich. There was a requirement as part of the agreement. There is
an incentive of about 1.2 million dollars for entertainment uses to come into
the center. In their negotiations with Walmart, they have significantly
impacted what could or could not be done in that area. They are still
searching for uses that can comply with the City's requirements for
entertainment. Walmart has eliminated some uses because they do not want any
problem with parking.
Mayor Daly. It is one of his concerns. The center in some ways is being
transformed into a giant parking lot for Walmart. The original presentation
called for a major entertainment component with some community features at
Euclid.
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City Hall, Anaheim, California - COUNCIL MINUTES - JULY 20, 1993 - 5:00 P.M.
Lisa Stipkovich. It is not a requirement that they build entertainment but
they will not get the incentive money if they do not have an entertainment use
that is compatible. Staff has been searching out alternatives along with the
developers.
Brad Deck. The original plan called for roughly 40,000 square feet of
entertainment use. They had actually identified a number of different users
but never could come to terms on the financial aspects and could never
convince Walmart that that use was compatible with their use. They
specifically introduced one concept called Exhilirama and they could not get
the Walmart people comfortable with that type of use. They are very opposed
to anything that would encroach upon their parking field. They are now
looking at a number of different options for freestanding buildings that would
be quasi-retail entertainment oriented uses. It is not a question of filling
the parking spaces but whether or not they can fill them and still qualify for
the reimbursement.
Lisa Stipkovich. They could subsititute retail in that area but they would
not get the economic incentive.
Mayor Daly. He asked if there were fast food possibilities on Euclid and if
they would be allowed on pads A, B or C.
Lisa Stipkovich. She does not believe it is restricted. It will qualify for
incentive money but it is not restricted in terms of the agreement. However,
it would require an additional CUP. The Council/Agency would have to see that
again, if they came in and substituted fast food.
A vote was then taken on the foregoing motion to continue the public hearing
for one week. Council Member Hunter was absent. MOTION CARRIED.
It was noted that the public hearing portion is closed as of this hearing.
Cl. COUNCIL COMMENTS:
114: ANAHEIM HILLS COMMUNITY CENTER:
Council Member Feldhaus. He is interested in having a temporary citizens
committee formed to develop recommendations for an Anaheim Hills Community
'~enter in conjunction with existing community services to look at potential
sites, size, etc.
City Manager Ruth. Staff has already worked very closely with the community
and a considerable amount of work has been done to indentify various sites.
One of the major problems is funding.
Mayor Daly. He asked that staff submit a summary"of the work that has already
been done and a summary of what has been studied.
RECESS - CLOSED SESSION: Council Member Pickler moved to recess into Closed
Session to consider the balance of the Closed Session items listed on today's
agenda. Council Member Daly seconded the motion. Council Member Hunter was
absent. MOTION CARRIED. (8:25 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present with the exception of Council Member Hunter.
(approximately 8:55 p.m.)
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ADJOURNMENT: By general Council consent the City Council meeting was
adjourned. (8:56 p:.m.)
LEONORA N. SOHL, CITY CLERK
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