1997/05/13CITY OF ANAHEIM, CALIFORNIA- COUNCIL MINUTES
MAY 13, 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, Lou Lopez, Tom Daly
COUNCIL MEMBERS: Bob Zemel
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
PUBLIC UTILITIES GENERAL MANAGER: Ed Aghjayan
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:00 p.m. on
May 9, 1997 at the Civic Center Kiosk, containing all items as shown herein.
Mayor Daly called the meeting to order at 3:10 P.M.
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 Close Session items.
The following items are to be considered at the Closed Session.
CONFERENCE WITH LABOR NEGOTIATOR:
Agency negotiator: Dave Hill
Employee organizations: AFA, AMEA, Local #1877, IBEW, APA, Local #952, and non-
represented employees.
2. 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 - ANTICIPATED LITIGATION:
Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9: two
potential cases.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR:
Property: Public utility franchise for use of public rights-of-way
Negotiating parties: City of Anaheim and Southern California Edison Company
Under negotiation: Price and terms of franchise.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES MAY 13, 1997
LIABILITY CLAIMS:
Claimant: Leonard Garcia
Agency claimed against: City of Anaheim.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Title: City Manager, City Attorney, City Clerk, and City Treasurer.
By general consent, the Council recessed into Closed Session. (3:11 P.M.)
AFTER RECESS:
The Mayor called the meeting to order, all Council Members being present with the exception of
Council Member Zemel, and welcomed those in attendance to the Council meeting. (5:14 p.m.)
INVOCATION:
Reverend Jim Gaston, State College Church of Christ, gave the invocation.
FLAG SALUTE:
Council Member Shirley McCracken led the assembly in the Pledge of Allegiance to the Flag.
119: PRESENTATION - RECOGNIZING IRV WILLING FOR HIS SERVICE ON THE SENIOR
CITIZENS COMMISSION: Mr. Willing was accompanied by his nephew, Richard Willing, who, on his
uncle's behalf, extended his appreciation to the citizens of Orange County and especially friends,
neighbors and colleagues in Anaheim, the City in which he has lived for 40 years for giving him the
opportunity to serve. His service included not only the Senior Citizens Commission, but also several
other organizations such as Meals on Wheels and the Orange County Grand Jury; Mr. Irv Willing then
explained because of his advancing age, he has dropped his activities, but he is appreciative of the
opportunity he had to participate in assisting his community.
Mayor Daly and Council Members personally commended Mr. Willing. He was also presented with a
special plaque in recognition of his service on the City's Senior Citizen Commission.
119: PROCLAMATIONS: The following Proclamations were issued by Mayor Daly and authorized by
the City Council:
Senior Center Awareness Week in Anaheim - May 11 - 17, 1997
Poppy Days in Anaheim - May 12- 17, 1997
Norma Hodges, West Anaheim Senior Volunteer and Pauline Berry, Senior Walk Club Participant
accepted the Senior Center Awareness Week Proclamation. They thanked the Council for the
recognition and Ms. Hodges invited all to participate in the Step Out for Seniors Walk on Saturday, May
17, 1997 at 8:30. They also thanked the senior health care provider sponsors, Secure Horizons, Martin
Luther Hospital (Nancy Gauch), and Emerald Court for their assistance in the program.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES MAY 13, 1997
Linda Singleton, President, accepted the Poppy Days in Anaheim Proclamation. She was accompanied
by two youngsters, Tawny and Stephanie, who distributed poppys to the Council and staff members for
which they received donations. Ms. Singleton explained this is the way their organization (American
Legion Auxiliary-Disabled American Veterans) earns extra income to benefit disabled and needy
veterans and the families they leave behind. She also invited the Mayor and Council to participate in the
Memorial Day activities at Anaheim Cemetery.
119: DECLARATIONS OF RECOGNITION: Declarations of Recognition were unanimously adopted
by the City Council recognizing the sponsors of the 1997 seventh year Paint Your Heart Out Anaheim
program which was held on May 3, 1997.
Carolyn Griebe, Program Coordinator, explained that on May 3, 1997 in Anaheim, more than 900
volunteers painted the homes of 44 Iow income seniors and/or disabled homeowners. To emphasize the
importance and significance of the program, she read a thank you letter received from one of the
homeowners which reflected heartfelt thoughts and thanks which Mrs. Griebe felt expressed why the
program is in existence and the difference it makes in people's lives. She then introduced Mr. Tom
Hollywood, Co-Chairman (with Irv Pickler) and the "heart" of the program and subsequently introduced
the Platinum (donors of money or in-kind contributions of $5,000 or more) and Platinum Plus ($10,000 or
more) sponsors who were presented with "paint cans" filled with jelly beans, T shirts, and then a
Declaration from the Mayor and Council Members:
Platinum - Anaheim Disposal, Bill Taormina; Anaheim Public Utilities, Maria Cover;
Times/Orange County, Cindy Beyl; Orange County Register, Barbara Kimler; Dutch
Boy Paints, Shirley Gordon; Broadway Construction, John Hanger; Diversified Brands/
Division of Sherwin Wiliams, Roger Vanderiaan; Turner Construction, Bill McLaughlin.
Platinum Plus - Disneyland, Lisa Fujimoto and Bill Egelton; Powers Family Foundation,
Pat and Jacqui Powers; Thee White House, *Bruno Serato; William Gillespie Foundation,
*William Gillespie. (* unable to be present)
Mrs. Griebe also thanked the City Manager, Department Heads/Staff and Council Members who
participated in fund-raising activities for the program and all City Departments who assisted in making
the program a success, especially Code Enforcement (John Poole/Manager).
Mayor Daly read the Declaration that was presented to each of the sponsors. He and the Council
Members personally greeted and congratulated the representatives of the organizations who were
present. He thanked Mrs. Griebe and Mr. Hollywood as well as all the other sponsors (Gold, Silver,
Bronze, Volunteer Teams, etc.) and anyone who participated in making this excellent and giving program
such a success. The number of homes that have been improved since the program's inception in 1990
is 277.
RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT
ANOTHER TIME:
1. PROCLAMATION recognizing May 19, 1997, as Meals on Wheels Day in Anaheim.
DECLARATION recognizing Westview Vocational Services for eleven years of service in
Anaheim.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES MAY 13, 1997
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,668,347.26 for the period ending May
9, 1997, in accordance with the 1996-97 Budget, were approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing
Authority meetings. (5:50 p.m.)
Mayor Daly reconvened the City Council Meeting ( 5:56 p.m.)
ADDITIONS TO THE AGENDA: There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
Richard Chavez, President, Anaheim Firefighters Association (AFA). He thanked the Council for
allowing them the opportunity to speak on what has become a very important issue to the AFA and other
City employees. They have been attempting to secure a contract with the City for over a year and have
been without a contract since July, 1996. In addition, IBEW is trying to secure a contract and the AMEA
(Anaheim Municipal Employees Association) has been without a contract since October of 1996. The
inability to get these contracts settled is lending to a polarization between City employees and City
management. He feels if ever there was a time for City employees and the private sector to work
together, it is now since the expansion of the resort area is taking place. The last thing they need is a
contract dispute. The Firefighters feel what they asked for is fair -- base pay increases of 4 1/2% over
three years, no decrease in the number of Firefighters in the field per day, the retirement plan that the
other Anaheim safety employees have, i.e., Police Officers, Police staff, Fire Department staff, everyone
but the Firefighters. They are asking for less than Police Officers receive in miscellaneous benefits.
Rumor has it that Anaheim Firefighters are one of the best paid in the County and that is not true. They
are at median and as time moves on, below median when they should be the best paid. He then gave
the reasons why and elaborated on the many things Firefighters do both fire related and non-fire related
activities for the betterment of the community. They are the busiest Fire Department in Orange County
and no other community in the County has the type of demographics that Anaheim has. He has been a
Firefighter for 24 years and Anaheim Firefighters are the most dedicated and dependable group of men
and women that he knows. They care about the City and the community they serve. They deserve better
than the way they are being treated and are asking the Council to do the right thing.
Linda Pash. Her husband has been an Anaheim Firefighter for 21 years. She is shocked and
incredulous at the miserly attitude toward the Anaheim Fire Department and its members. They face
dangers to their lives and well being on a regular basis. She elaborated on the dangers associated with
their work and the dedication they have to their profession. Theirs is not only physical stress, but also
psychological stress. As the years go by, her husband's salary goes down in comparison to the cost of
living. It is hard and dangerous work and needs to be recognized. She feels it is astonishing that the
City is not willing to give the Firefighters even a nominal amount of what they are requesting. The City
can afford to be generous and fair with its Firefighters.
Stan Pash, Anaheim Firefighter (husband of Linda Pash), 624 Carnation, Placentia. He has been an
Anaheim Firefighter for 21 years, 17 as a Paramedic. For the past couple of years, he has been an EMT
(Emergency Medical Team) member. He relayed the traumatic incidents with which he and the
members of his team have been involved. He left the Paramedic program to "destress" himself, but now
finds the EMT are front line in many life and death situations although they do not get bonus pay for
doing so. He did not have to go out on such calls a few years ago. Firefighters work 16 hours a week
more than the average worker, more than Police Officers and work for approximately 30% less per hour
than Police Officers. Their life span is considered to be 10 years less than the average citizen. He
would appreciate the Council's extra consideration for the things that Firefighters do and the life they
have to lead to serve in that capacity.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES MAY 13, 1997
Jeff Kirsch, 2661 W. Palais, Anaheim. Two weeks ago, there was an article about the Sewer Agency in
Orange County (Orange County Sanitation District) reporting the lifting of restrictions they had on rate
increases resulting in a rate increase in Anaheim of approximately 100%. The restrictions had been as a
result of the soft economy at the time. However, he has not seen an economic rebound that would
warrant such an increase. He asked if Anaheim has a representative on the Sewer District Board, why
there was no incremental phase-in or could there be some communication from the City to the Board on
the issue.
PUBLIC COMMENTS - AGENDA ITEMS:
Public input was received on Items A4, A13 and A21 (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 May 13, 1997. Council Member Lopez seconded the motion. MOTION
CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: 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-59 and 97R-60, for adoption. Refer to Resolution Book.
Al.
A2.
118: Rejecting and denying claim filed against the City/Rejecting and denying application for
leave to present a late claim filed against the City. Referred to Risk Management.
The following claim was filed against the City and action taken as recommended:
a. Claim submitted by Mercury Insurance, Linda McCauley, Insured for property damage
sustained purportedly due to actions of the City on or about February 25, 1997.
b. Application for leave to present a late claim submitted by Leonard R. Garcia for bodily injury
sustained purportedly due to actions of the City on or about June 30, 1997.
140: Receiving and filing the Anaheim Public Library Monthly Statistical Report for the month of
March, 1997.
105: Receiving and filing minutes of the Anaheim Public Library Board meeting held April 2,
1997.
105: Receiving and filing minutes of the Public Utilities Board meeting held April 3, 1997.
105: Receiving and filing minutes of the Mother Colony House Advisory Board meeting held
March 7, 1997.
173: Receiving and filing an application before the Public Utilities Commission of the State of
California in the matter of the application of Airport Cruiser, Inc., a California Corporation, for
authority to sell and transfer; and Buslink Corp., a California Corporation, to acquire the
Passenger Stage Certificate PSC-5877 of Airport Cruiser, Inc., pursuant to 854 and 1036 of the
Public Utilities Code and for finding of revocation of PSC-5877 error.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES MAY 13, 1997
A3.
175: Awarding a contract to the lowest responsible bidder, Mel Smith Electric, in the amount of
$348,507 for Clair Substation Transformer Bank Addition; and in the event said Iow bidder fails
to comply with the terms of the award, awarding the contract to the second Iow bidder, as well as
waiving any irregularities in the bids of both the Iow and second Iow bidders.
A4.
123: Exercising the bus shelter agreement clause to accept 0.4% less compensation from bus
shelter advertising net revenues, and to accept up to $100,000 in non-advertising bus benches;
and directing the Street Beautification Corridor Committee to select non-advertising bus bench
style and locations. (Continued from the meeting of April 8, 1997, Item A3.)
Jeff Kirsch 2661 W. Palais, Anaheim. As a frequent user of bus shelters, he would prefer that the City
leave well enough alone and keep the revenue to the City. He does not believe it is significant
consideration to take the advertising off bus benches particularly in view of the proposed replacement
which are not positive for bus consumers. The proposed benches retain moisture more than wooden
ones and because they are metal, are hot and unpleasant after they sit in the sun all day. He would
prefer to retain the bus benches and the income to the City.
A5.
123: Approving a Third Amendment to Agreement between Computer Services Company and
the City of Anaheim, extending the term of the Traffic Signal Maintenance Services Agreement
for one additional year.
A6.
160: Accepting the Iow bid of Cerberus Pyrotronics, in an amount not to exceed $50,277 for the
material and labor to establish a fire detection and alarm system for City Hall, in accordance with
Bid #5650.
A7.
160: Accepting the bid of J.H. Baxter & Company, a California Limited partnership, in an
amount not to exceed $75,000 per year, for wood utility poles, as required for a one year period
beginning June 1, 1997 through May 31, 1998, with the option to renew for one additional year,
in accordance with Bid #5644.
A8.
160: Authorizing the Purchasing Agent to exercise the renewal of the purchase order to Nobest,
Inc., in an amount not to exceed $642,600 for concrete and crossgutter replacement for a period
of one year, commencing July 1, 1997 with the option to renew for one additional year, in
accordance with Bid #5397.
A9. 105: Appointing Vivian Englebrecht as a Community Services Board Member Emeritus.
Al0.
150: Allowing the Anaheim Arts Council, the Assistance League of Anaheim, and the Anaheim
Fall Festival Committee, per City Code, to serve wine and beer at private preconcert receptions
at Pearson Park Amphitheatre on August 2, August 9, and August 16, 1997, respectively.
All.
181: Approving the expenditure of $5,000 to support the Anaheim Arts Council for the 5th
Annual Children's Art Festival at Center Street Promenade on May 24, 1997.
A12.
140: Authorizing the Community Services Department to apply for a grant from the California
State Library to establish the Anaheim Public Library as a site for Adult Literacy training.
A13.
123: Waiving Council Policy 306, and approving an Agreement with Managed Restaurant
Services for a basic term of eighteen months for the provision of food and beverage services for
Anaheim Hills Golf Course.
Jeff Kirsch, 2661 W. Palais, Anaheim. He does not know if a loan for this type of thing would be more
advantageous instead of a sacrifice of income. He asked if the food and beverage service will be going
out for bid after the 18-month agreement with MRS and can they expect a normal revenue stream after
that.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES MAY 13, 1997
A14.
123: Authorizing the Community Services Director to write a letter to Orange Unified School
District requesting a 20-year extension on the Agreement for the use of Canyon High School
swimming pool.
A15.
137: RESOLUTION NO. 97R-59: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM SUPPLEMENTING ITS RESOLUTION NO. 97R-32 APPROVING THE ISSUANCE
OF BONDS BY THE ANAHEIM PUBLIC FINANCING AUTHORITY, APPROVING THE
BORROWING OF BOND PROCEEDS BY THE ANAHEIM REDEVELOPMENT AGENCY AND
THE REFUNDING OF CERTAIN PRIOR OBLIGATIONS OF THE AGENCY.
A16.
123: Approving an amendment to the federally funded FY 1996/97 Community Development
Block Grant (CDBG) Subrecipient Agreement with Anaheim Museum, in the amount of $9,000.
A17.
123: Approving the federally funded FY 1996/97 Emergency Shelter Grant Agreement with
Women's Transitional Living Center, in the amount of $15,000.
A18.
123: Approving an Agreement between Nicoletti Marketing/Communications and the City of
Anaheim for the purpose of developing and implementing strategies to generate new business
for the Anaheim Convention Center by promoting new events for the arena, creating a facility
users guide and procuring additional sponsors for the existing advertising panels within the
Convention Center. (Continued from the meeting of May 6, 1997, Item A45.)
A19.
153: RESOLUTION NO. 97R-60: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 94R-106 BY IMPLEMENTING THE PRE-TAX
PAYROLL DEDUCTION PLAN FOR SERVICE CREDIT PURCHASES IN ACCORDANCE WITH
SECTION 414(H)(2) OF THE INTERNAL REVENUE CODE.
A20.
139: Approving the recommended positions on the following legislative proposals, and
authorizing the Mayor to communicate approved positions to representatives in Sacramento and
Washington D.C.:
(A) SUPPORT - S. 515 (Ashcroft), S. 544 (Coverdell & McConnell), and H.R. 911 (Porter),
regarding volunteer protection.
(B) SUPPORT - Full funding for the State Budget Public Library Foundation Program (PLF) for
1997/98 fiscal year.
(C) SUPPORT- HR 1493 (Gallegly) regarding expansion of the Immigration and Naturalization
Service (INS) Criminal Alien Pre-arraignment Identification Program.
(D) SUPPORT - AB 1496 (Papan) Directs a portion of fines and penalties into a "Public Safety
Training Facilities Fund".
(E) SUPPORT - AB 820 (Brewer) Adds routine video recordings to existing communication
recordings that public agencies may purge after 100 days instead of two years.
A21.
152: Authorizing the City Manager to reimburse the Visitors and Convention Bureau for costs
associated with media relations and public information efforts during the construction of the
Anaheim Resort.
Jeff Kirsch, 2661 W. Palais, Anaheim. The background material did not make clear whether this was in
the budgeted amounts approved in the financial framework or in addition. He hopes it is not in addition.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES MAY 13, 1997
A22.
123: Approving an Agreement with R.W. Beck, in an amount not to exceed $150,000 plus out-
of-pocket expenses, for consulting services to assist the City in undertaking a strategic analysis
of the Public Utilities Department and its current and future functions; and authorizing the Public
Utilities General Manager, on behalf of the City, to execute said Agreement and any other
related documents.
Council Member Tait. He asked staff to explain the goals for the study.
City Manager, James Ruth. He will ask Mr. Aghjayan to address the issue but first explained this has
been a study proposed in order to give a greater insight in terms of restructuring the utilities industry,
what the potential impact could be on the City and the options available in the event the restructuring
does occur.
Mr. Ed Aghjayan, Public Utilities General Manager. The Council is aware of the major change in the
whole structure of the electric industry. The City has been in the electric business for 102 years and this
is the first significant change. They are entering an area where the industry will be effectively regulated
at least in the context of competition. The department has a very aggressive and effective strategic plan
which includes buying down capital costs, paying off loans on generation plants, cutting costs and
developing a service-oriented array of services led by a telecommunications element that are all good
plans. It is a very important issue. The Utility, with over $250 million in revenues per year, need to "test
the envelope" to see if there are any other strategic steps they can take in order to protect the significant
investment they have in the system as well as the major advantages the City obtains from the Utility.
The advantages total as much as $50 million a year in terms of transfers and lower rates that the City's
residents experience because of the Iow cost of power compared to surrounding areas. He then briefed
the scope of the proposed agreement which will cover Phase I activities (see report dated 5/13/97 from
the Public Utilities General Manager- Subject: Public Utilities Strategic Options - Consultant Selection).
Phase II will include a formal RFP process for strategic alliances. On Phase I, answers are expected in
the October time frame. From that, they will design and develop the formal RFP. He emphasized that
the goal is to protect the major investment and benefit which the Electric Utility provides to the City. He
explained for the Mayor that the earliest date they might be prepared to release the RFP is early
November. Subsequently they will get responses back and will evaluate those by February.
Council Member Tait. He very much supports the study and commends staff for moving forward,
thinking "out of the box", and looking at different strategic options they might take.
Mayor Daly. He echos what Council Member Tait stated. Ed Aghjayan and the City Manager are taking
the necessary steps to insure that the City's most valuable asset is preserved and enhanced for the
future and in the new competitive environment, that all bases are covered in terms of strategy, how to
leverage that asset and use it most effectively including the potential of private partners. He supports
moving forward with the study and looks forward to the conclusions and strategic advice the consultant
will give. It is a fine recommendation and he is certain this will be a very beneficial study.
A23.
123: Approving a First Amendment to Agreement with Black & Veatch to provide professional
engineering services for the I-5 Water Main and Facilities Relocations Project, Segments C and
D; and authorizing the Public Utilities General Manager, on behalf of the City to execute the First
Amendment and related documents.
Roll Call Vote on Resolution No. 97R-59 and 97R-60 for adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS: McCracken, Tait, Lopez, Daly
MAYOR/COUNCIL MEMBERS: None
MAYOR/COUNCIL MEMBERS: Zemel
The Mayor declared Resolution No. 97R-59 and 97R-60 duly passed and adopted.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES MAY 13, 1997
END OF CONSENT CALENDAR. Council Member Zemel was absent. MOTIONS CARRIED.
A24.
105: RESIGNATION FROM THE COMMUNITY SERVICES BOARD: Accepting the resignation
of Dr. Bryan L. Crow, Community Services Board as tendered in letter dated April 28, 1997,
(terms expires 6/30/98), and directing the City Clerk to post a notice of unscheduled vacancy.
Mayor Daly. He noted that Dr. Crow was in the Chamber audience. He commented that he is sure the
resignation was made reluctantly. He is hoping that he (Crow) will occasionally give the invocation
before Council Meetings.
MOTION. Council Member McCracken moved to accept the resignation of Dr. Bryan L. Crow from the
Community Services Board and directing the City Clerk to post a notice of unscheduled vacancy. Mayor
Daly seconded the motion. Council Member Zemel was absent. MOTION CARRIED.
A25:
5:00 P.M. - JOINT PUBLIC HEARING
ANAHEIM REDEVELOPMENT AGENCY AND ANAHEIM CITY COUNCIL:
To consider a resolution approving the Third Amendment to the Disposition and Development
Agreement by and between the Anaheim Redevelopment Agency and Kaufman and Broad of
Southern California, Inc., and Basic Concept Drawings for the Cypress Infill/Olive Infill Project.
RESOLUTION NO. - .... (AGENCY) A RESOLUTION OF THE ANAHEIM REDEVELOPMENT
AGENCY APPROVING THE THIRD AMENDMENT TO DISPOSITION AND DEVELOPMENT
AGREEMENT BY AND BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND
KAUFMAN AND BROAD OF SOUTHERN CALIFORNIA, INC.
MOTION ...... Approving the Basic Concept Drawings.
RESOLUTION NO. - .... (COUNCIL) A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM CONSENTING TO THE THIRD AMENDMENT TO DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE ANAHEIM REDEVELOPMENT
AGENCY AND KAUFMAN AND BROAD OF SOUTHERN CALIFORNIA, INC.
MOTION ..... Making certain environmental findings for the Disposition and Development
Agreement.
Submitted was report dated May 13, 1997 from the Community Development Department
recommending approval of the subject Third Agreement.
City Clerk/Secretary Sohl noted that staff has asked for a continuance of the Public Hearing to Tuesday,
May 20, 1997.
Mayor/Chairman Daly moved to continue the subject Public Hearing to Tuesday, May 20, 1997. Council
Member Lopez seconded the motion. Council Member Zemel was absent. MOTION CARRIED.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES MAY 13, 1997
ITEM B1 FROM THE ZONING ADMINISTRATOR MEETING OF APRIL 24, 1997
DECISION DATE MAY 1, 1997:
INFORMATION ONLY -APPEAL PERIOD ENDS MAY 16, 1997:
B1. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3923
VARIANCE NO. 4308 AND NEGATIVE DECLARATION:
OWNER: JOE WASSILIAN, 615 South Hill Street, Los Angeles, CA 90014
AGENT: PATRICK PANZARELLO, 8001 Grove Street, Sunland, CA 91040
LOCATION: 514 South State Colle.qe Boulevard. Property is approximately 0.34 acre, having
approximate frontage of 149 feet on the east side of State College Boulevard, having a
maximum depth of approximately 101 feet, being located approximately 168 feet south of the
centerline of Westport Drive and further described as 514 South State College Boulevard, Al
Khayam Restaurant.
To permit on-premise sales and consumption of beer and wine in an enclosed restaurant with
waiver of minimum number of parking spaces.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
CUP NO. 3923 WITHDRAWN by the applicant.
Variance No. 4308 APPROVED (ZA97-04) for waiver of code requirement.
APPROVED Negative Declaration (for Variance No. 4308).
Council Member Lopez asked that the matter be set for a Public Hearing; Council Member McCracken
concurred.
Council Member Lopez subsequently asked staff for clarification that this was, in fact, a request to
approve beer and wine.
Annika Santalahti, Zoning Administrator. She clarified that the request originally was for beer and wine
in connection with a proposed restaurant. However, the applicant withdrew the beer and wine request
which was CUP 3923 but wanted to move forward with the variance for the parking in order to establish a
restaurant. The approval was for a parking variance only with no beer and wine.
Council Member Lopez. He thereupon withdrew his request to set the matter for a Public Hearing since,
as confirmed by the Zoning Administrator, there is no request for beer and wine since it was withdrawn
by the applicant; Council Member McCracken agreed.
END OF THE ZONING ADMINISTRATOR ITEMS.
B2.
ORDINANCE NO. 5597 (ADOPTION) Amending Title 18 to rezone property under
Reclassification No. 96-97-09 located at (1) the northeast corner of Cypress Street and Olive
Street, and (2) at the southeast corner of Pauline Street and Adele Street and further described
as 300, 304, 304-1/2, 308, 308-1/2, 312, 312-1/2, 314, 314-1/2 and 320 North Olive Street; 300,
301,306, 306-1/2, 308, 309, 310, 311,312, 312-1/2 315 and 317 North Sabina Street; 300, 305,
307, 312, 318 and 322 North Pauline Street; and 411, 415, 419, 421, 517, 521 and 527 East
Cypress Street from the RS-5000 zone to the RM-2400 zone. (Introduced at the meeting of May
6, 1997, Item B11 .)
Mayor Daly offered Ordinance No. 5597 for adoption. Refer to Ordinance Book.
10
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES MAY 13, 1997
ORDINANCE NO. 5597: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE
ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO ZONING (RECLASSIFICATION No. 96-97-09)
Roll Call Vote on Ordinance No. 5597 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: Zemel
The Mayor declared Ordinance No. 5597 duly passed and adopted.
D1. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3726 AND NEGATIVE
DECLARATION:
OWNER: VINEYARD MINISTRIES INTERNATIONAL, 5300 East La Palma Avenue, Anaheim,
CA 92807
AGENT: FAIRMONT SCHOOLS, INC., Attn: David Jackson, 1557 West Mable Street,
Anaheim, CA 92802
LOCATION: 5310 East La Palma Avenue (Fairmont Private School). Property is approximately
23.08 acres, having an approximate frontage of 1,238 feet on the on the south side of La Palma
Avenue, located approximately 2,370 feet west of the centerline of Imperial Highway.
Petitioner requests review and approval of revised plans (Revision No. 1) to permit the
conversion of an approximate 8,292 square-foot area of an existing auditorium into a total of
nine additional classrooms, to convert a portion of an existing parking lot area into an
approximate 12,475 landscaped play area for students and modification or deletion of a condition
of approval to increase the maximum student enrollment from 450 to 650 students for a
previously-approved private educational institution (an accessory use of an existing church).
ACTION TAKEN BY THE PLANNING COMMISSION:
APPROVED revised plans for CUP NO. 3726 (PC97-26) (4 yes votes, 1 no vote, and 2 absent).
Negative Declaration previously approved.
MOTION ...... CEQA FINDING: Negative Declaration previously approved.
RESOLUTION NO. - ..... CONDITIONAL USE PERMIT NO. 3726.
HEARING SET ON: A review of the Planning Commission's decision was requested by Council Member
McCracken and Council Member Lopez at the meeting of April 8, 1997, Item B3, and public hearing
scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News - May 1, 1997.
Mailing to property owners within 300 feet - April 24, 1997.
Posting of property - April 25, 1997.
STAFF INPUT:
See staff report to the Planning Commission dated March 17, 1997.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES MAY 13, 1997
City Clerk Sohl. Letter dated May 12, 1997 was received from David Jackson, the Executive Director of
Fairmont Private Schools, requesting a continuance of the subject Public Hearing to Tuesday, May 20,
1997 listing the reasons for the request.
Mayor Daly. He asked if anyone was present to speak on this matter, either members of the public or
the applicant; no one came forward to speak. The Mayor noted that Mr. Jackson was present. He (Daly)
asked the City Attorney if comments should be invited or the matter just continued.
City Attorney White. He suggested that the matter be continued without comments.
MOTION: Mayor Daly moved to continue the subject Public Hearing to Tuesday, May 20, 1997. Council
Member Tait seconded the motion. Council Member Zemel was absent, MOTION CARRIED.
C1.
105: REVISED COUNCIL POLICY - BOARDS AND COMMISSIONS:
To consider the adoption of a Resolution which presents a revised Council Policy No. 117, and is
a strong guideline for limiting terms to two four-year terms for members of the Boards and
Commissions. (Continued from the meeting of March 18, 1997, Item C1 .)
RESOLUTION NO. - .... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING CITY COUNCIL POLICY NO. 117 RELATING TO BOARD AND
COMMISSION APPOINTMENTS.
Mayor Daly. He suggests that they continue the matter for 30 days or so; however, Council Member
McCracken raised a point earlier that they may want to provide some direction to the City Clerk in the
meantime because they are approaching the time of year where they customarily invite current members
of Boards and Commissions up for reappointment to reapply.
Council Member McCracken. The current Council Policy is that the City Clerk by the first week in June
of each year, notify in writing, those members of committees, boards and/or commissions whose terms
will expire on June 30 of that particular year requesting that the member indicate whether he or she
wishes to be considered a candidate for the ensuing term. She feels there will be confusion if the Clerk
proceeds along those lines and there is new direction coming out of the proposed resolution more like
informing them that their term has come to an end and if they want to be reconsidered that they file
another application.
Mayor Daly. He asked if it was her point that no matter what decision they make regarding term limits for
appointed boards and commissions that it may make sense to adjust the direction; Council Member
McCracken answered, either way.
Council Member Tait. He noted that Council Member Zemel is in Washington, D.C. on an INS matter.
He believes they need to move forward and would suggest simply a seven-day continuance since
Council Member Zemel will be back next week. They can then address the issue and be done with it one
way or the other.
Council Member McCracken. If they are going to consider the matter next week, at that time they can
give direction to the City Clerk.
MOTION. Council Member Tait moved to continue action on the subject policy revision to Tuesday, May
20, 1997. Mayor Daly seconded the motion. Council Member Zemel was absent. MOTION CARRIED.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES MAY 13, 1997
C2. 153: CONSIDERATION OF SALARY ADJUSTMENTS FOR CITY COUNCIL APPOINTEES:
Consideration of salary adjustments for City Council appointees - City Manager, City Attorney,
City Clerk, City Treasurer - requested by Mayor Daly at the meeting of May 6, 1997, Item C2.
Mayor Daly. He asked that this item be placed on the agenda this evening so that the Council can
decide on merit pay increases for the four employees who report directly to the City Council: City
Manager, James Ruth; City Attorney, Jack White; City Clerk, Lee Sohl; City Treasurer, Charlene Jung.
The Council has reviewed their performance a number of times in closed session as is their custom
under the City's personnel policies. The review process started last Fall. He believes it is very
appropriate and fair at this point to suggest that all four employees receive a 4% merit pay increase
effective January 1, 1997. This would constitute the first raise for approximately three years. They have
managed their programs very effectively during the recession and some very lean years in the City's
budget while other employees, for the most part, have received some type of increase, either merit or
cost of living.
MOTION. Mayor Daly moved that the four employees (City Council appointees) who report directly to
the City Council and whose performance is reviewed directly by the Council receive a 4% merit pay
increase effective January 1, 1997. Council Member Lopez seconded the motion.
Before a vote was taken, Council Member Tait stated he will not be able to support the motion. Aside
from the issue of fairness or the job that was done, his decision is based purely on the budget. He does
not see how they can give raises to the top paid employees regardless of how good a job they have done
if they are not prepared to do so for the whole organization. They do not have the funds to be able to do
that. He will vote no on the side of being fiscally conservative.
Council Member McCracken. She was not a part of the evaluation of the individuals which evalution
supposedly should have been completed last Fall, but having done some research on the matter, she
found that such adjustments for not only these people, but all merit raises for City management were
included in last year's budget. They are currently below budget as far as the cost. She has to disagree
with Council Member Tait - the money is there and was budgeted.
Council Member Tait. The money for these four individuals in a budget the size of Anaheim's is not
significant. What is significant is when it goes throughout the organization. His objection is more a
symbolic one. He feels it is unwise and unfair to give management of the City raises when they cannot
afford to give those raises throughout the organization which he does not think they can afford to do.
Mayor Daly. As a point of clarification and to remind everyone, they have given raises in recent years to
certain employee organizations including the Anaheim Police Association (APA) which is scheduled to
receive a cost of living raise this coming October. The same Association received a raise two years ago.
At various times, various City employees have received raises, either merit or cost of living, in the last
couple of years. The Council on a split vote did authorize raises for various management employees
throughout the organization within the past six months. This is not in a vacuum, but it is with much
thought and certainly reflection on a job well done by these employees. It should be pointed out that
there have been no raises at all for these four employees in the last three years at a time when other City
employee groups and other management employees have received raises from time to time including
the APA which received a very well-deserved raise months ago and will receive another this coming
October. That money is in the budget. He asked for a vote on the foregoing motion.
Ayes: McCracken, Lopez, Daly - No: Tait - Absent: Zemel - MOTION CARRIED.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES MAY 13, 1997
C3.
114: Appointment of Council Members to Council Liaison Committees requested by Mayor Daly
at the meeting of May 6, 1997, Item C2.
MOTION: Mayor Daly moved to continue action on the subject Appointment to Council Liaison
Committees to Tuesday, May 20, 1997. Council Member Lopez seconded the motion. Council Member
Zemel was absent. MOTION CARRIED.
C4. REPORT ON CLOSED SESSION ACTIONS:
City Attorney Jack White Stated that there are no actions to report.
C5. COUNCIL COMMENTS:
There were no comments.
ADJOURNMENT: Mayor Daly moved to adjourn, Council Member Lopez seconded the motion. Council
Member Zemel was absent. MOTION CARRIED. (6:50 p.m.)
LEONORA N. SOHL
CITY CLERK
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