1997/12/02ANAHEIM, CALIFORNIA- CITY COUNCIL MINUTES
DECEMBER 2, 1997
The City Council of the City of Anaheim met in regular session.
PRESENT:
PRESENT:
ABSENT:
PRESENT:
MAYOR: Tom Daly
COUNCIL MEMBERS: Shirley McCracken, Tom Tait, Bob Zemel, Lou Lopez
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ASSISTANT CITY CLERK: Ann M. Sauvageau
PUBLIC UTILITIES GENERAL MANAGER: Ed Aghjayan
PUBLIC UTILITIES EFFICIENCY PROGRAMS MANAGER: Mariann Long
COMMUNITY SERVICES DIRECTOR: Chris Jarvi
ZONING DIVISION MANAGER: Greg Hastings
PLANNING DIRECTOR: Joel Fick
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:45 p.m. on
November 26, 1997 at the City Hall Kiosk, containing all items as shown herein.
Mayor Daly called the workshop portion of the meeting of December 2, 1997 to order and welcomed
those in attendance.
City Manager, James Ruth. This is a presentation on AB1890, the Pubic Benefit Program/Public
Utilities. Ed Aghjayan, Public Utilities General Manager will make the presentation.
175: PUBLIC BENEFITS PROGRAM: Mr. Ed Aghjayan, Public Utilities General Manager, then gave a
presentation supplemented by slides. As part of State Law AB1890 which effectively put electric
restructuring into place, one element is a requirement that all utilities establish a Public Benefit Program.
(Also see, "Anaheim Public Utilities Department - Public Benefit Surcharge and Program" which gave the
background of AB1890, the requirements, and an explanation of the Public Benefit Program - "Investor-
Owned Utilities (IOU) must spend specified amounts in each of four categories - see categories page 2
of the document - made a part of the record). Mr. Aghjayan explained that AB1890 mandates publically-
owned utilities to take the following action: "Establish a nonbypassable Public Benefit Charge on local
distribution service based on the expenditures of the three largest utilities. The surcharge is to begin on
January 1, 1998. For Anaheim, this represents a 2.85% surcharge on the utility's revenue requirement
and equates to approximately $7 million annually."
The primary concern of the Legislature was, in the competitive pressures to serve customers, the utilities
would eliminate doing the voluntary things in order to keep the price to the customer Iow. As a result,
utiities would stop, diminish, or eliminate such programs.
In terms of Anaheim's impact, the law states the municipals should serve these programs at a level that
is equal to the lowest of the three investor-owned utilities in the State which percentage has been
computed to be 2.85%. (See mandate above.) That would generate some $7 million annually for four
years. By law, it states that the program should continue for four years and then a reassessment would
take place. The funds are to be put in a separate fund and spent out of that fund. The fee begins on
January 1 and the programs would go forward on July 1, 1998.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 2, 1997
In Anaheim, they have taken a different tack. They have decided to look very carefully at community
needs and develop a community-oriented balance of programs to achieve optimum value to Anaheim.
Staff solicited input from a variety of sources to come up with a list. They ended up with 70 before
selecting the 37 recommended public benefit programs. (See listing - Public Benefit Programs - 31-Oct-
97). The breakdown of the $7 million that would be spent the first year -- 61% in demand side
management, energy efficient projects, almost 1.4 million in R&D, 1.3 million in Iow-income programs,
and less than 1% for renewables. It breaks down to 35% for residential facilities and 65% for
commercial-industrial. Residential customers contribute about 25% of the total revenues.
At this point, in answer to Council Member Lopez, Mariann Long, Public Utilities Efficiency Programs
Manager, explained the Iow-income programs included as part of the Public Benefit Program (security
light installations, weatherization program, elderly discount rate assistance).
Mr. Aghjayan. Relative to residential rates, they have heard a lot about how electric residential rates are
changing. AB1890 required a $7 Billion bond issue to be paid for by the residential, small commercial
customers of investor-owned utilities. By doing that, they are able to reduce electric rates on January 1,
1998 by 10%. Anaheim is not part of that bond issue and does not have to pay monies back. Anaheim
could do the same thing but would be paying for the bonds for 10 years. Despite the 10% decrease and
the 2.85% surcharge on January 1, 1998, Anaheim's residential rates will still be 15% below those of
surrounding areas.
In concluding, Mr. Aghjayan stated that relative to the next step, staff will be coming back at the next
Council Meeting asking the Council to enact the Public Benefit fee effective January 1, 1998 and to
establish and administer a Public Benefits Program effective July 1, 1998.
Questions by Council then followed answered by both Mr. Aghjayan and the City Attorney. Council
Member Tait asked for clarification that what they are going to be asked to do next week is to establish
the fee and that they do not have a choice because the City has to comply with State law; City Attorney
White clarified that is correct. State statute Sec. 385 of the P.U.C. was added to establish this charge for
publicly owned utilities to put them on a level playing field with investor-owned utilities. It states, "shall
establish".
Council Member Tait. He presumed then that there is no choice; City Attorney White. That is correct.
Mr. Aghjayan then answered additional questions posed relative to the 37 programs selected -- that there
is flexibility in the program to allow staff to put other programs in place and substitute among them, that
the 65%-35% (residential/commercial) is not mandated by State law, and that relative to the four
categories, the City is not mandated as to how much can be spent in each category.
Council Member Zemel entered the Council Chamber (3:25 p.m.).
Additional questions were then posed by Council Member McCracken relative to the investor-owned
utilities 10% rate reduction in January noting again that if the Council wanted Anaheim to do that as well,
they could do so but then would have to pay for the bonds plus interest over the next 10 years.
Council Member McCracken. She noted then that Anaheim would not have the expense to repay the
bonds and would also be competing in a situation where they can offer some real advantage to the
Utility's customers; Ed Aghjayan. He agreed. The "worst" case would be rates 15% below surrounding
areas and then growing thereafter.
Mayor Daly. The Council has been briefed prior to this time on the outline of the program including all
the priority projects recommended by staff. This package has also received the scrutiny of the Public
Utilities Board and, he understands, favorably received for the most part. The Council will anticipate this
coming to the agenda next week. He thanked staff for bringing the package forward and for the
informative presentation.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 2, 1997
Mayor Daly. Before concluding, he asked Mr. Aghjayan if, relative to the P.B.P., will there be a reporting
mechanism. He knows the State requires an annual report but asked if there was anything beyond that.
Mr. Aghjayan. In the legislation, there was no reporting requirement; Mayor Daly. He suggested that
perhaps that could be added in the future, possibly a preliminary report after six months; Mr. Aghjayan.
They would expect to provide such a report to the Council.
City Manager Ruth. This concludes the first workshop scheduled today. Another workshop was to be
presented (Integrated Operating Agreement with Southern California Edison) but it has been rescheduled
to the Council Meeting of December 9, 1997.
REQUEST FOR CLOSED SESSION:
City Attorney Jack White requested a Closed Session noting first that there were no additions to
Closed Session items.
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
There were no public comments relative to Closed Session items.
The following items are to be considered at the Closed Session.
CONFERENCE WITH LABOR NEGOTIATOR
Agency negotiator: Dave Hill
Employee organization: Anaheim Fire Association, AMEA, and IBEW.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - Existing Litigation:
Name of case: Delmonico, et al. v. City of Anaheim, et al. (and 18 related cases) Orange
County Superior Court Case No. 70-80-71.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - Existing Litigation:
Name of case: Roe v. City of Anaheim, et al., Orange County Superior Court Case No. 77-99-
48.
PUBLIC EMPLOYMENT:
Title: Special Prosecutor.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to subdivision (c) of Section 54956.9: one potential case.
PUBLIC EMPLOYMENT PERFORMANCE EVALUATION:
Title(s): City Manager, City Attorney, City Treasurer, and City Clerk.
LIABILITY CLAIMS
Name of Claimant: Robin Fuhrman
Agency claimed against: City of Anaheim.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 2, 1997
RECESS CLOSED SESSION:
Mayor Daly moved to recess into Closed Session. Mayor Pro Tem Lopez seconded the motion.
MOTION CARRIED. (3:32 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. (6:00 p.m.)
INVOCATION:
Pastor Bill Gardner, Knott Avenue Christian Church, gave the invocation.
FLAG SALUTE:
Council Member Lou Lopez led the assembly in the Pledge of Allegiance to the Flag.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,946,341.43 for the period ending
November 24, 1997 and $1,953,948.05 for the period ending December 01, 1997, in accordance with the
1997-98 Budget, were approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing
Authority meetings. (6:03 p.m.)
Mayor Daly reconvened the City Council Meeting ( 6:10 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:
Public input was received on Item A16, A19 and B6 (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 December 2, 1997. Council Member Lopez seconded the motion.
MOTION CARRIED.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 2, 1997
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A24: On motion by Mayor Daly,
seconded by Council Member Lopez, the following items were approved in accordance with the reports,
certifications and recommendations furnished each Council Member and as listed on the Consent
Calendar; Mayor Daly offered Resolutions Nos. 97R-225 through 97R-228, both inclusive, for adoption.
Refer to Resolution Book.
Al.
A2.
A3.
118: Rejecting and denying certain claims filed against the City. Referred to Risk Management.
The following claims were filed against the City and actions taken as recommended:
a. Claim submitted by The Q Team dba Ryan Press for property damage sustained purportedly
due to actions of the City on or about October 7, 1997.
b. Claim submitted by Robin Laura Fuhrman for bodily injury sustained purportedly due to
actions of the City on or about April 16, 1997.
c. Claim submitted by Santiago Echevarria for property damage sustained purportedly due to
actions of the City on or about September 1, 1997.
d. Claim submitted by Van R. Ramich for property damage sustained purportedly due to actions
of the City on or about September 27, 1997.
e. Claim submitted by Linda Linder for bodily injury sustained purportedly due to actions of the
City on or about September 2, 1997.
f. Claim submitted by Colleen J. Ephrom for property damage sustained purportedly due to
actions of the City on or about July 5, 1997.
g. Claim submitted by Jayda Davis for property damage sustained purportedly due to actions of
the City on or about March 29, 1997.
h. Claim submitted by Percy Thomas Harrison for bodily injury sustained purportedly due to
actions of the City on or about July 24, 1997.
156: Receiving and filing the Anaheim Police Department's Crime Statistical Report for the
month of October, 1997.
105: Receiving and filing minutes of the Anaheim Public Utilities Board meetings held October
2, 1997, and October 16, 1997.
105: Receiving and filing minutes of the Anaheim Redevelopment and Housing Commission
meeting held November 5, 1997.
105: Receiving and filing minutes of the Budget Advisory Commission meeting held October 15,
1997.
128: Receiving and filing the Monthly Financial Analysis for three months ended September 30,
1997, as presented by the Finance Director.
169: Awarding a contract to the lowest responsible bidder, R.J. Noble Company, in the amount
of $134,388.28 for La Palma Avenue Street Improvements, Anaheim Boulevard to Harbor
Boulevard; and in the event said Iow bidder fails to comply with the terms of the award, awarding
the contract to the second Iow bidder, as well as waiving any irregularities in the bids of both the
Iow and second Iow bidders.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 2, 1997
A4.
A5.
A6.
A7.
A8.
A9.
Al0.
All.
A12.
A13.
A14.
A15.
169: Awarding a contract to the lowest responsible bidder, Excel Paving Company, in the
amount of $139,927 for Lincoln Avenue Median Island Improvements (Median Islands West and
East of Euclid Street on Lincoln Avenue); and in the event said Iow bidder fails to comply with
the terms of the award, awarding the contract to the second Iow bidder, as well as waiving any
irregularities in the bids of both the Iow and second Iow bidders.
158: Approving the Acquisition Agreement for real property at 1792 South Camrose Street (R/W
5220-1) - Katella Avenue Smart Street Improvement Project; authorizing the Mayor and City
Clerk to execute said Agreement; and authorizing the acquisition payment of $148,000 to Grover
Escrow.
158: Approving the Acquisition Agreement for real property at 1750 South Harbor Boulevard
(R/W 5180-23) - Katella Avenue Smart Street Improvement Project; authorizing the Right-of-
Entry Agreement; authorizing the Mayor and City Clerk to execute said Agreements; and
authorizing the acquisition payment of $20,076.64 to Carl A. Gambucci, Jr.
123: Approving and authorizing the Mayor and City Clerk to execute a Cooperative Design
Agreement with the City of Fullerton for the design of the Euclid Street/SR-91 Freeway and
Brookhurst Street/SR-91 Freeway interchange modifications.
123: Approving Amendment No. 1 to Cooperative Agreement No. C-96-364 with the Orange
Country Transportation Authority for construction of the Harbor Boulevard/Lemon Street/SR-91
Freeway Interchange Improvement project; and authorizing the Mayor and City Clerk to execute
said Agreement on behalf of the City.
158: RESOLUTION NO. 97R-225: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING CERTAIN REAL PROPERTIES
OR INTERESTS THEREIN TO THE CITY. (R/W 5220-1 AND 5180-23.)
174: RESOLUTION NO. 97R-226: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM TO CONTINUE A DISADVANTAGED BUSINESS PROGRAM FOR ALL
PROJECTS IN THE CITY OF ANAHEIM RECEIVING UNITED STATES DEPARTMENT OF
TRANSPORTATION FUNDING AND ESTABLISHING A DISADVANTAGED BUSINESS
ENTERPRISE GOAL OF 11.00% FOR THE FEDERAL FISCAL YEAR ENDING SEPTEMBER
30, 1998.
160: Accepting the Iow bid of Trayer Engineering Corporation, in the amount of $35,484 for
twelve 15KY Ioadbreak subsurface switches, in accordance with Bid #5723.
160: Accepting the base bid of Canada Power Products Corp., c/o Matzinger-Keegan, in the
amount of $174,290 for 25 600-Amp SF-6 subsurface switches, in accordance with Bid #5725.
160: Accepting the Iow bid of The Okonite Company, in an amount not to exceed $644,411.25
for 7,000 feet of copper and 35,000 feet of aluminum 15 KV 1000 KCMIL underground primary
cable, in accordance with Bid #5726.
123: Accepting the Iow bid, and authorizing the execution of a contract to Landscape West, Inc.,
in an amount not to exceed $443,520 for a two-year period with three one-year optional
extensions for Landscape Maintenance at various East-City rights-of-way properties and tree
wells, in accordance with Bid #5722.
160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a Purchase
Order to I.B.M. Corporation, in the amount of $27,839 for an operating system upgrade for the
Information Services Division.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 2, 1997
A16.
123: Approving an Agreement with Ravinder Mehta as Special Prosecutor concerning possible
violations of campaign finance laws. (Continued from the meeting of November 18, 1997, Item
A30.)
Miriam Kaywood, Anaheim resident (former Council Member). She expressed her concern about the
proposed agreement, i.e., having work done without an agreement or a contract, what is the fee, are all
Council Members being investigated or is this selective, who made the decision. She notes that Council
Member Zemel nominated the person (Ravi Mehta). She does not understand that just one name was
mentioned and that person went right to work without an agreement. She then expressed additional
concerns and questions in her mind about the proposed agreement.
City Attorney White. The contract proposes a rate of $250/hr. which is within the range that they pay for
specialized outside counsel services. The Council appointed Mr. Mehta to commence work prior to
having a contract. In the past, there have been occasions where City contractors, for various reasons,
(including the urgent nature of the work) have commenced services prior to having a contract finalized.
The reason for the urgency in this case was that certain Statutes of Limitation were about to expire. In
talking briefly with Mr. Mehta, he does intend to look at all potential violations, not any particular
individual or candidate(s) or particular source of contributions. He cannot be paid until there is a
contract. No bills have been submitted and will not until the contract is approved by the City Council.
Mrs. Kaywood posed additional questions both to the City Attorney and Council Member Zemel which
prompted additional explanation and discussion during which Council Member Zemel asked if in his
original motion (to have a Special Prosecutor to look into potential campaign violations) was there
anything stated to where he (Zemel) would be excluded or exempted.
City Attorney White. He answered, no and, in fact, he recalls the motion being that Mr. Mehta would look
into any potential violations. He also clarified that they haven't received any bills as yet. As of two
weeks ago today, Mr. Mehta indicated he had spent approximately 150 hours in service. The source of
the funds would come through the City. The bills would come through his department and if they exceed
what he has budgeted for general litigation expenses, it would be necessary to come back to the Council
to ask for additional appropriation. He also answered relative to why this matter could not have gone to
the District Attorney (DA). With reference to violations of the A.M.C., the DA does not have jurisdiction
to prosecute those. Those come through the City Council under the Charter, either the City Attorney's
Office or by Special Prosecutors appointed by the City pursuant to the Charter powers.
Mayor Daly. He will be abstaining on this item as insisted by the City Attorney; Council Members
McCracken and Tait stated they will also be abstaining.
City Attorney White. For purposes of the record, at the last Council meeting (see minutes of 11/18/97),
since three Council Members are abstaining on Item A16, at that meeting, by lot, it was determined that
the Mayor would constitute the third Council Member for purposes of a quorum only, but not
participating. That decision would carry over to this meeting as well.
Mayor Daly. He asked the City Attorney to explain that in greater detail -- if he has to abstain, how he
can rejoin the meeting for purposes of a quorum and what prerogatives he has.
City Attorney White. It is the rule of necessity. The Attorney General (AG) has issued an opinion several
years ago under the Political Reform Act (PRA) that when a majority of the members of Council have
conflicts of interest thereby negating the existence of a quorum, one member of the Council through the
drawing or casting of lots can come back and needs to come back to avoid thwarting public action and
participates in the least extent possible allowing an action to be taken. Since only two votes are required
to adopt the contract, the least participation would be to constitute a quorum. This comes up rarely but it
does come up. With regard to the necessity, it is necessary through the lot procedure that one member
be directed to participate as required so action can be taken. There was no choice. They are required
by law to cast lots and the Mayor is the third member but the third member to make up a quorum only.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 2, 1997
Mayor Daly. It needs underscoring that under the City Attorney's insistence, he may not participate; City
Attorney White stated that was correct.
Council Member Zemel moved to approve the agreement with Ravinder Mehta as Special Prosecutor
concerning possible violations of campaign finance laws. Council Member Lopez seconded the motion.
Council Members McCracken, Tait and Daly abstained. MOTION CARRIED.
A17.
123: Approving a Cooperative Agreement (School-to-Career) between the City of Anaheim and
the State Department of Education, in the amount of $68,757 for the period of July 1, 1997 -
June 30, 1998; and authorizing the JTP Manager to execute any necessary subcontract
agreements and modifications thereto.
A18.
123: Approving a Cooperative Agreement between the City of Anaheim and the California
Department of Education, in the amount of $98,238 for the period of July 1, 1997 through June
30, 1998, for the CalWorks program. (JTP Program.)
A19.
123: Approving an Agreement with Disneyland for the purpose of conducting the Disneyland
employee adult basketball program.
Jeff Kirsch, 2661 W. Palais, Anaheim. He asked if more information could be supplied as to a financial
breakdown of the services. How does the lump sum payment amount (of $515) compare to what was
formerly being paid for rent. Beyond the services, is the City being compensated for the rental of the
facility itself.
Chris Jarvi, Director of Community Services. The fee charged under the Disneyland agreement is
consistent with those charged all other organizations. It is consistent with the way they run all of their
other programs including the adult softball program.
A20.
123: Approving a Service Agreement with Trans Union Credit Information Company to provide
credit reports to the Anaheim Police Department as part of the required background investigation
for Police Department employees; and authorizing the Chief of Police to execute said Agreement
on behalf of the City.
A21.
156: Accepting a grant award, in the amount of $91,392 from the Office of Criminal Justice
Planning for second year funding in the Partnership for Suppression of Drug Abuse in Schools
Program, and authorizing the Chief of Police to execute all necessary documents pertaining to
said grant.
A22.
113: RESOLUTION NO. 97R-227: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AUTHORIZING THE DESTRUCTION OF RECORDS MORE THAN TWO YEARS
OLD. (PLANNING DEPARTMENT- BUILDING DIVISION.)
A23.
168: RESOLUTION NO. 97R-228: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM CHANGING THE NAME OF A PORTION OF CITRON STREET TO VILLAGE
WAY (IN CONNECTION WITH THE PROPERTY REHABILITATION OF 184 UNITS ON
CITRON STREET LOCATED BETWEEN LA PALMA AND ROMNEYA - PLANNING AND
COMMUNITY DEVELOPMENT DEPARTMENTS).
A24.
123: Approving an Agreement with American Public Power Association to receive
Demonstration of Energy-Efficient Development Funding, in the amount of $20,000; and
authorizing the Public Utilities General Manager to execute said Agreement and any related
documents in substantial conformance with the Agreement on behalf of the City.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 2, 1997
Roll Call Vote on Resolution Nos. 97R-225 throuqh 97R-228, both inclusive, for adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
MAYOR/COUNCIL MEMBERS: None
MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 97R-225 through 97R-228, both inclusive, duly passed and
adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
A25 156: 5:00 P.M. - PUBLIC HEARING - ACCEPTANCE OF LOCAL LAW ENFORCEMENT
BLOCK GRANT AWARD: Accepting a grant award in the amount of $560,690 from the U. S.
Department of Justice, Bureau of Justice Assistance, for the FY '97 Local Law Enforcement
Block Grants Program and authorizing the City Manager to execute all documents pertaining to
the grant. (Increasing Revenues and Expenditures in Account #219-309-2251 by $560,690).
Submitted was report dated December 2, 1997 from the Chief of Police, Randall Gaston recommending
acceptance of the grant award.
Captain Stephen Sain, Police Department was present if there were any questions.
Mayor Daly opened the Public Hearing and asked to hear from anyone who wished to speak; since there
was no response, the Public Hearing was closed.
MOTION. Mayor Daly moved to accept the grant award in the amount of $560,690 as recommended by
staff. Council Member Lopez seconded the motion.
Before a vote was taken, Council Member Tait explained this is a grant award from the Federal
Government to the City's Police Department. He commended Chief Gaston and his staff for being
diligent in applying for the grant in the first place and subsequently being awarded the grant. This will
fund 54 lap-top computers for patrol cars along with 54 mobile data units thus enabling an Officer to sit in
his patrol car and make a report and sending it to the station. The Officer will not have to travel back to
or spend additional time in the station. This will save hundreds of hours of Police time. He again
commended the Chief and his staff.
A vote was then taken on the foregoing motion. MOTION CARRIED.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 2, 1997
ITEMS B1 - B10 FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 10, 1997:
INFORMATION ONLY -APPEAL PERIOD ENDS DECEMBER 2, 1997:
B1.
179: CONDITIONAL USE PERMIT NO. 3843 AND NEGATIVE DECLARATION:
OWNER: Shakour Cyrus/Laurence Cyrus, Yahya Cyrus, 2600 W. Lincoln Avenue, Anaheim, CA
92801
LOCATION: 2600 West Lincoln Avenue (Wheel Service Texaco).
Property is 0.29 acre located at the southwest corner of Lincoln Avenue and Magnolia Avenue.
To amend or delete conditions of approval pertaining to a time limitation to retain an automobile
sales/repair business.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved amendment to conditions of approval of CUP NO. 3843, to expire 6/10/98 (PC97-158)
(5 yes votes, 2 absent).
Negative Declaration previously approved.
B2. 134: GENERAL PLAN AMENDMENT NO. 351 RECLASSIFICATION NO. 97-98-06 WAIVER
OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3974 AND NEGATIVE
Set for
DECLARATION:
OWNER: Choco Realty Corp., P.O. Box 5700, Orange, CA 92863
AGENT: Craig Clausen, 2795 W. Lincoln Ave., #F, Anaheim, CA 92801
LOCATION: 7777 East Santa Ana Canyon Road. Property is 3.06 acres located at the
terminus of Camino Tampico, 390 feet northeast of the centerline of Eucalyptus Drive.
General Plan Amendment No. 351: To amend the Land Use Element of the General Plan, to
redesignate this subject property from the Commercial Professional land use designation to the
General Commercial land use designation.
Reclassification No. 97-98-06: To reclassify this property from the existing CO (SC)
(Commercial Office and Professional (Scenic Corridor Overlay)) Zone to the CL (SC)
(Commercial, Limited (Scenic Corridor Overlay)) Zone.
Conditional Use Permit No. 3974: To permit a self-storage facility with waivers of permitted
freestanding sign, minimum number of parking spaces, maximum structural height and minimum
structural setback requirements adjacent to a freeway and a scenic expressway.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended adoption of GPA NO. 351, Exhibit A (PC97-159)
(6 yes votes, 1 absent).
Reclassification No. 97-98-06 GRANTED (PC97-160).
Approved waiver of code requirement.
CUP NO. 3974 GRANTED (PC97-161).
Approved Negative Declaration.
public hearing before the City Council on December 16, 1997, at 6:00 p.m.
B3.
179: CONDITIONAL USE PERMIT NO. 3926 AND NEGATIVE DECLARATION:
OWNER: George M. Kudo, 23361 Villena St., Mission Viejo, CA 92692
AGENT: Dennis R. Von Lossberg, 11870 Beach Blvd., Stanton, CA 90680
LOCATION: 721-725 South Beach Boulevard. Property is 1.13 acres on the west side of
Beach Boulevard, 1,000 feet south of the centerline of Orange Avenue.
To amend or delete a condition of approval pertaining to recordation of a lot line adjustment.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved amendment to conditions of approval of CUP NO. 3926
(PC97-162) (6 yes votes, 1 absent).
Negative Declaration previously approved.
10
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 2, 1997
B4. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3976 AND
NEGATIVE DECLARATION:
OWNER: Alexandru and Mihaela Bauer, 1861 W. Chalet Ave., Anaheim, CA 92804
LOCATION: 1861 West Chalet Avenue. Property is 0.26 acre located on the north side of
Chalet Avenue, 360 feet east of the centerline of Nutwood Street.
To permit a board and care facility for up to 10 people in an existing 2,400 square foot single-
family dwelling with waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3976 GRANTED, IN PART (for eight people), and for a period of one year - to expire
11/10/98 (PC97-163) (5 yes votes, 1 no votes, and 1 absent).
Approved waiver of code requirement.
Approved Negative Declaration.
B5.
179: VARIANCE NO. 4323 AND NEGATIVE DECLARATION:
OWNER: Glenroy Partners, Attn: Morton A. Heller and Joyce Marilyn Roaman, 111 N. Glenroy
Ave., Los Angeles, CA 90036
AGENT: David Sheegog, ATA, 19782 Mac Arthur, #300, Irvine, CA 92612
LOCATION: 1098 North Euclid Street. Property is 0.31 acre located at the southeast corner of
La Palma Avenue and Euclid Street.
Waivers of minimum landscaped setback and minimum number of parking spaces to construct a
1,900 square foot drive-through pharmacy.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4323 GRANTED (PC97-164).
Approved Negative Declaration.
Mayor Daly. The adjacent shopping center has a serious need for rehabilitation. He asked if the
Planning staff was proposing any improvements to the overall center.
Greg Hastings, Zoning Division Manager. The property is a separate parcel and staff and the Planning
Commission isolated the concerns to this property. He also explained in answer to the Mayor that
relative to the billboard on the site, he is not sure if it is actually on the subject property or the adjacent
property but legally the City cannot require them to remove the billboard.
City Attorney White. There is a State statute that provides, unless the billboard has to be removed to
physically permit the use being authorized, they cannot impose a condition requiring its removal as part
of the CUP.
Mayor Daly. He notices that upon completion of the street intersection widening, there will be a simple 3'
landscaped setback for this project and the intersection widening is scheduled at some point in the
future. He asked if there is going to be any attempt to add more landscaping to the corner to anticipate
that.
Greg Hastings. Staff recommended the applicant take a look at that. There will be, before the
dedication, approximately 12' on LaPalma and 15' on Euclid which will only leave about 3' on Euclid and
zero ft. on La Palma. Staff is concerned about that. There is a condition requiring additional
landscaping on the interior of the site.
Mayor Daly. When the intersection is widened, there will be no landscaping along the LaPalma frontage;
Greg Hastings. That is correct and staff expressed that as a concern. Accordingly, they recommended
that the full 10' be provided on both street frontages after the widening. There will be 22' of landscaping
until the widening occurs. Based on the shape and size of the property after dedication, the Planning
Commission felt there was too much constraitn on the site to provide the full 10'. He also clarified that
the additional landscaping on the interior will assist but will not be a one-to-one offset. He confirmed that
staff was comfortable with the signage. The existing sign will be used until the critical intersection occurs
at which time it will come down to be replaced by a free-standing monument sign.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 2, 1997
REPORT AND RECOMMENDATION ITEMS:
B6. 179: REQUEST FOR REVIEW AND APPROVAL OF A PRELIMINARY PLAN INCLUDING
THE BOUNDARIES OF THE PROPOSED WEST ANAHEIM REDEVELOPMENT PROJECT
AMENDMENT AREA: City of Anaheim, (Community Development Department), 201 South
Anaheim Boulevard, Anaheim, CA 92803, requests for review and approval of a preliminary
plan including the boundaries of the proposed West Anaheim Redevelopment Project
Amendment Area.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved Preliminary Plan PC97-157 (6 yes votes, 1 absent).
Jeff Kirsch, 2661 W. Palais, Anaheim. He questioned if there was a way besides Redevelopment to
address the problems and was also wondering whether they could do the improvements without debt
financing on a pay-as-you-go basis. If they decide to go ahead with bond financing, he asked if they
might consider "baby" bonds; Mayor Daly. He will ask staff to follow up and provide details on how baby
bonds work.
B7.
179: CONDITIONAL USE PERMIT NO. 3841 - REQUEST FOR A RETROACTIVE
EXTENSION OF TIME, AND NEGATIVE DECLARATION:
LOCATION: Property is located at 2180 West Ball Road.
Tarek Berri, 16102 Jennet St., Westminster, CA 92683, requests a retroactive extension of time
for a previously-approved gasoline service station and convenience market with sales of beer
and wine for off-premises consumption with waivers of (a) minimum number of parking spaces,
(b) minimum landscaping adjacent to interior property lines and (c) maximum number of signs.
This petition was originally approved on August 20, 1996
ACTION TAKEN BY THE PLANNING COMMISSION:
Retroactive extension of time for CUP NO. 3841 APPROVED (to expire 8/21/98).
Negative Declaration previously approved.
B8. 179: CONDITIONAL USE PERMIT NO. 3931 - REQUEST REVIEW AND APPROVAL OF
FINAL SIGN PLANS, AND NEGATIVE DECLARATION: John Vucich, Mike's Automotive, 2411
E. Winston Rd., Anaheim, CA 92806
LOCATION: Property is located at 2411 East Winston Road (Mike's Automotive).
Petitioner requests for review and approval of final sign plans for a previously-approved
automotive and marine repair facility within an existing 9,908 square foot industrial building with
waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved sign plans for CUP NO. 3931.
Negative Declaration previously approved.
B9. 179: CONDITIONAL USE PERMIT NO. 3484 - REQUEST FOR CLARIFICATION OF A
CONDITION OF APPROVAL, CATEGORICALLY EXEMPT, CLASS 11:
LOCATION: Property is located at 1431 North Raymond Avenue (Ultramar).
Fernando Baluyot - Sign Development, Inc. 1366 West Ninth Street, Upland, CA 91786-5721,
requests clarification of a condition of approval pertaining to permitted canopy signage for an
existing service station.
ACTION TAKEN BY THE PLANNING COMMISSION:
Clarified that the signage was approved as follows: 20% of canopy elevation for east elevation
and 10% of the canopy elevation was approved for the north and south elevation (in compliance
with Code requirements).
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 2, 1997
B10.
179: CEQA EXEMPTION SECTION 15061 (b)(3) CODE AMENDMENT NO. 97-14 - REQUEST
TO AMEND CHAPTER 18.05 (OUTDOOR ADVERTISING) OF TITLE 18 (ZONING)
PERTAINING TO MARQUEE AND ELECTRONIC READERBOARD SIGNAGE AND MINIMUM
SIGHT DISTANCE REQUIREMENTS FOR FREESTANDING SIGNS: Staff-initiated (Planning
Department), 200 S. Anaheim Blvd., Anaheim, CA 92805, request to amend Chapter 18.05
(Outdoor Advertising) of Title 18 (Zoning) of the Anaheim Municipal Code pertaining to marquee
and electronic readerboard signage and minimum sight distance requirements for freestanding
signs.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended amendment to City Council.
ORDINANCE NO. 5626: (INTRODUCTION) Amending Chapter 18.05 of Title 18 of the
Anaheim Municipal pertaining to marquee and electronic readerboard signage and minimum
sight distance requirements for freestanding signs.
Mayor Daly offered Ordinance No. 5626 for introduction. Refer to Ordinance Book.
ORDINANCE NO. 5626: (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING CHAPTER 18.05 OF TITLE 18 OF THE ANAHEIM MUNICIPAL PERTAINING TO
MARQUEE AND ELECTRONIC READERBOARD SIGNAGE AND MINIMUM SIGHT DISTANCE
REQUIREMENTS FOR FREESTANDING SIGNS.
END OF THE PLANNING COMMISSION ITEMS FROM 11/10/97.
REPORT AND RECOMMENDATION ITEM CONTINUED FROM THE CITY COUNCIL MEETING OF
Bll.
NOVEMBER 18, 1997, ITEM B6:
179: CEQA EXEMPTION SECTION 15061(b)(3) CODE AMENDMENT NO. 97-13 - REQUEST
TO AMEND CHAPTER 18.05 (OUTDOOR ADVERTISING) OF TITLE 18 (ZONING)
PERTAINING TO MARQUEE AND ELECTRONIC READERBOARD SIGNING: Staff-initiated
(Planning Department), request to amend Chapter 18.05 (outdoor advertising) of Title 18
(Zoning) of the Anaheim Municipal Code pertaining to marquee and electronic readerboard
signage.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommend adoption of the draft ordinance to the City Council.
Continued from the City Council meeting of November 18, 1997, Item B6.
ORDINANCE NO. - .... (INTRODUCTION) Amending certain provisions of Chapter 18.05 of
Title 18 of the Anaheim Municipal pertaining to marquee and electronic readerboard signage and
minimum sight distance requirements for freestanding signs.
See Item B10, this is duplicate.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 2, 1997
ITEMS B12 - B13 FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 24, 1997:
INFORMATION ONLY- APPEAL PERIOD ENDS DECEMBER 4, 1997:
B12. 134: REQUEST TO DETERMINE CONFORMANCE WITH THE ANAHEIM GENERAL PLAN
FOR USE OF DONATED SPACE:
Thurman Hodges, Senior Real property Agent, County of Orange, Health Care Agency, 515
North Sycamore Street, Santa Ana, CA 92701, requests determination of conformance with the
Anaheim General Plan for County use of donated space for a public health care clinic for the
aged. Property is located at 501 East Orangethorpe Avenue (Rancho La Paz Mobile Home
Park).
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined not to be in conformance with the General Plan to be in conformance with the
General Plan (5 yes votes, 2 absent)
Joel Fick, Planning Director. Staff has some updated information on this item. It was stated incorrectly
on the agenda the Planning Commission determined it is not in conformance with the General Plan.
However, both the Planning Commission and staff were not uncomfortable with the use the County was
proposing. In fact, it is a service to the residents of the LaPaz Mobile Home Park, but since the existing
designation was industrial, there was no way to make a conformity finding. It is a service to the residents
of the M.H.P. Determining it is not in conformance with the General Plan is not problematic. They may
be able to move ahead with this and staff has discussed the matter with County staff as well.
B13. 179: TENTATIVE TRACT MAP NO. 14130 - REQUEST FOR EXTENSION OF TIME,
CONDITIONAL USE PERMIT NO. 3301 - REQUEST FOR A RETROACTIVE EXTENSION OF
TIME, AND MITIGATED NEGATIVE DECLARATION:
Blash Momeny, 22351 Amber Rose, Mission Viejo, CA 92692, request:
(Tentative Tract map No. 14130) a one-year extension of time to comply with conditions of
approval (to establish an 15-1ot single-family subdivision) and (Conditional Use Permit No.
3301) a one-year retroactive extension of time to comply with conditions of approval (to
construct two dwelling units within the Flood plain O/L Zone to establish a 19-lot/IS-unit RS-5000
single family residential subdivision with waivers of required lot frontage and minimum distance
between units). These petitions were originally approved on August 21, 1990. Property is
located at the northwest terminus of Garland Circle.
ACTION TAKEN BY THE PLANNING COMMISSION:
Tentative Tract Map No. 14130 Approved (5 yes votes, 2 absent)
GRANTED a one-year extension of time to comply with conditions of approval for CUP NO.
3301 (PC97-165).
APPROVED Mitigated Negative Declaration.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 2, 1997
D1. 179: CONTINUED PUBLIC HEARING WAIVER OF CODE REQUIREMENTS CONDITIONAL
USE PERMIT NO. 3948 AND NEGATIVE DECLARATION:
OWNER: GENERAL BANK, 4128 Temple City Boulevard, Rosemead, CA 91770
AGENT: QUINCY T. DAO, 44 Montelegro Street, Irvine, CA 92714
LOCATION: 3107 - 3115 West Lincoln Avenue. Property is 0.51 acre located on the north side
of Lincoln Avenue, 95 feet west of the centerline of Grand Avenue.
To permit the conversion of an existing 8,684 square foot commercial center to a mortuary with
waivers of (a) minimum number of parking spaces - APPROVED, (b) prohibited signs - DENIED,
(c) maximum number of roof signs - DENIED, (d) maximum area of roof signs - DENIED, (e)
permitted location of roof signs - DENIED, (f) minimum distance between signs - DENIED and
(g) maximum height of illuminated roof signs - DENIED.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3948 GRANTED, IN PART (PC97-138) (6 yes votes, 1 absent).
APPROVED, IN PART, waiver of code requirement - Waiver (a) APPROVED based on the
findings from the parking study; DENIED waivers (d) and (g) on the basis that they were deleted
following public notification; and DENIED waivers (b), (c) (e) and (f) on the basis that the
applicant agreed at the public hearing to remove all roof signs and to comply with the sign Code
requirements.
Approved Negative Declaration.
HEARING SET ON: A review of the Planning Commission's decision was requested by Mayor Daly and
Council Member Lopez at the meeting of October 21, 1997, Item B3. Public Hearing continued from the
meeting of November 18, 1997, Item D6
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News - November 6, 1997.
Mailing to property owners within 300 feet - November 6, 1997.
Posting of property - November 7, 1997.
STAFF INPUT:
See staff report to the Planning Commission dated September 29, 1997.
Mayor Daly asked if the proponent was represented this evening.
Mr. Kim Chin resident of Santa Ana California, stated that the property is owned by the bank, and he
represents those who wish to buy the property and develop this project. (Mr. Chin was not fluent in
English and was difficult to understand.)
The Mayor offered him an opportunity to present the project. Mr. Chin indicated that he had nothing to
add.
The Mayor noted that there is a written summary of the request on file. At the Mayor's request a copy of
the Planning Staff report was given to Mr. Chin.
The Mayor opened the public hearing to the public. (Public input also at the November 18, 1997 City
Council Meeting See Item D.6)
Muriel Lowenberg, 211 So. Loma Linda, Anaheim. She stated that she objects on the basis of the lack of
parking and the fact that overflow parking will use the shopping mall across the street.
Esther Wallace, Chair of WAND, indicated that her organization is concerned with development in West
Anaheim. This property is close to the intersection of Lincoln and Beach Boulevard and they believe
there are more appropriate developments which could be built on this parcel. This is an important
intersection in West Anaheim.
There were no additional speakers either in favor or opposition.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 2, 1997
The Mayor offered the proponent an opportunity to summarize and present any rebuttals.
Mr. Chin had nothing further to offer.
COUNCIL DISCUSSION:
Council Member McCracken noted that the neighbors are concerned about this project particularly
because of parking and traffic issues. She asked how the proponent planned to address the parking
issue. Did they have an alternative, or an overflow parking plan?
Mr. Chin did not think they had any plan.
Mayor Daly closed the public hearing.
In response to questions from Council Member McCracken, Mr. Hastings explained that the roof-
mounted decorations would not be allowed, and the signage is limited to what is shown on the exhibit,
any additional signs would have to be approved by the Planning Commission. The existing pole sign will
be removed, and there will be an 8 foot x 65 sq. ft. monument sign.
Council requested input from Redevelopment since the property is located in a proposed redevelopment
area.
Lisa Stipkovich, Executive Director, Community Development noted that the property is located within
the study area for the West Anaheim Redevelopment Area. Her department has reviewed this proposal
as requested. It is very preliminary to comment on the use at the present time. This is a parcel which
would best be incorporated into and developed with the remaining parcels in the area. There is no way
Redevelopment can address that at this time. In the long term there may be a better use for this
property, but Council might want to consider allowing this use with a conditional use permit for five years,
if that is acceptable to the Council and the property owner.
In response to Council questions, Greg Hastings advised that the applicant did have a parking study
which was reviewed with the Traffic Engineer, and the study was passed with 55 spaces on site with the
understanding that there would be a cap on attendees of 75.
Council Member McCracken asked whether the applicant were willing to accept the conditional use
permit with a five year time limit. It was ascertained from Mr. Chin that they would not be willing to build
the project with a time limit.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Mayor Daly,
seconded by Council Member Zemel, the City Council approved the Negative Declaration upon finding
that it has considered the Negative Declaration together with any comments received during the public
review process, and further finding on the basis of the initial study and any comments received that there
is no substantial evidence that the project will have a significant effect on the environment. MOTION
CARRIED.
Mayor Daly offered Resolution No. 97R-229 for adoption. Refer to Resolution Book.
RESOLUTION NO. 97R-229: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3948.
Roll Call Vote on Resolution No. 97R-229 for adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
MAYOR/COUNCIL MEMBERS: None
MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 97R-229 duly passed and adopted.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 2, 1997
c1.
114: Appointment of a Mayor Pro Tem (requested at the meeting of November 18, 1997, C4).
Council Member Tait noted that it was he who had requested this item be placed on Council
Agenda as this is the time of year that the Mayor Pro Tern is ordinarily selected. He thereupon
nominated Council Member Zemel to serve as Mayor Pro Tern.
Council Member McCracken nominated Lou Lopez to serve as Mayor Pro Tem.
Mayor Daly moved to close nominations. Council Member Tait seconded the motion. MOTION
CARIED.
Mayor Daly requested a roll call vote on each of the nominations, in the order nominated.
Council Member Zemel:
AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel
NOES: MAYOR/COUNCIL MEMBERS: McCracken, Lopez
ABSTAIN: MAYOR/COUNCIL MEMBERS: Daly
Council Member Lopez:
AYES: MAYOR/COUNCIL MEMBERS: McCracken, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSTAIN: MAYOR/COUNCIL MEMBERS: Tait, Zemel
Council Member Lopez was declared the Mayor Pro Tern.
C2. 112: REPORT ON CLOSED SESSION ACTIONS:
City Attorney Jack White stated that there are no actions to report.
C3. 114: COUNCIL COMMENTS:
Council Member Zemel reported on the death of a 42 year resident of Anaheim on Thanksgiving Day,
Esther Mary Karczynski. Mrs. Karczynski was the grandmother of John Karczynski who is currently
serving on the Anaheim Redevelopment and Housing Commission.
Council Member McCracken requested that the City Manager report back to the Council with a plan to
move forward on development of a City Wide Cultural Plan. She suggested using the same firm that
most recently worked on the Community Services Plan and the Library Strategic Plan to perform this
work.
Council Member McCracken noted that the Anaheim Ballet would hold its first event this coming Friday,
December 5, 1997 at the Freedman Forum, the Nutcracker Ballet.
Mayor Daly asked that the City Manager report back to the City Council with an update on the current
operations of the Freedman Forum.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 2, 1997
ADJOURNMENT: By general Council consent, the City Council meeting of December 16, 1997 was
adjourned (7:25 p.m.)
LEONORA N. SOHL
CITY CLERK
18