1996/09/17CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES
SEPTEMBER 17, 1996
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
.PRESENT:
COUNCIL MEMBERS: Tom Tait, Bob Zemel, Frank Feldhaus, Lou Lopez, Tom Daly
COUNCIL MEMBERS: None
ACTING CITY MANAGER: Dave Morgan
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
CITY ATTORNEY: Jack White
PUBLIC WORKS DIRECTOR/CITY ENGINEER: Ga~y Johnson
CIVIL ENGINEER - DEVELOPMENT SERVICES: Natalie Meeks
PLANNING DIRECTOR: Joel Fick
ZONING ADMINISTRATOR: Annika Santalahti
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 11:25 a.m. on
September 13, 1996 at the Civic Center Kiosk, containing all items as shown herein.
Mayor Daly called the meeting to order at 3:15 p.m.
REQUEST FOR CLOSED SESSION:
City Attorney, Jack White. There is an item to be added to the Closed Session Agenda. The necessity
for action arose after the posting of the printed agenda relating to security of public buildings and public
safety pursuant to Government Code Section 54957. The addition will require a motion to waive the
Brown ACt.
MOTION: Mayor Daly moved to waive the 72-hr. posting provision of the Brown Act in order to add Item
No. 7 to the Closed Session Agenda regarding security of public buildings and public safety. Council
Member Lopez seconded the motion, Council Members Tait and Zemel were absent. MOTION
CARRIED.
(Council Members Tait and Zemel entered Closed Session while it was in progress.)
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 o~ganization: Anaheim Fire Association
Association.
and Anaheim Municipal
Employees
CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES SEPTEMBER 17, 1996
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (a) - EXISTING LITIGATION
Name of case: Skomia v. City of Anaheim, Orange County Supedor Court Case No. 73-79- 73.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (a) - EXISTING LITIGATION
Name of case: DelMonico et al. vs. City of Anaheim, Orange County Superior Court Case No.
70-80-71 (and 16 related cases).
4. PUBLIC EMPLOYMENT PERFORMANCE EVALUATION: CITY ATTORNEY
IN RE: THE MATTER OF CITY OF ANAHEIM BEFORE THE FEDERAL COMMUNICATIONS
COMMISSION: (Century Communications Corporation - Denial of small cable operator
certification.)
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to subdivision (c) of Section 54956: 1
potential case.
CONFERENCE WITH LEGAL COUNSEL: To confer with legal counsel regarding security of
public buildings and public safety pursuant to Government Code Section 54957.
RECESS:
Mayor Daly moved to recess into closed Session. Council Member Lopez seconded the motion.
MOTION CARRIED.( 3:16 P.M.)
AFTER RECESS:
The Mayor called the meeting to order, all Council Members being present, and welcomed those
in attendance to the Council meeting. ( 5:15 p.m.)
Mayor Daly. Before starting agenda items, he asked the Acting City Manager to give the latest status of
City Manager, James Ruth.
Dave Morgan, Acting City Manager. He reported that Mr. Ruth celebrated today, one day plus six weeks
recovery from his heart surgery and returned to work yesterday. Mr. Ruth plans to work two to three
hours a day for the rest of this week and to work part time for the two weeks following that. He expects
to be back full time within a few weeks. He is doing well and would want him to pass on to everyone his
deep appreciation for the concern that has been expressed relative to his surgery and the best wishes for
his recovery.
INVOCATION:
Pastor Jimmy Gaston, Church of Chdst, gave the invocation.
2
CITY OF ANAHEIM~ CALIFORNIA COUNCIL MINUTES SEPTEMBER 17, 1996
FLAG SALUTE:
Council Member Bob Zemel led the assembly in the Pledge of Allegiance to the Flag.
ANAHEIM RELIGIOUS COUNCIL: Mayor Daly. He noted that Pastor Gaston is one of the active
religious leaders on the Anaheim ReligJous Council. At some point in the future, he suggested
scheduling an agenda item to review the activities of that Council. It has been quite some time since they
visited the subject, He would like to know how the Council is pregressing and how the City can assist.
The intent is to have a dialogue with the group.
Dave Morgan. He will see to it.
119: PROCLAMATION recognizing September 17 - 23, 1996, as Constitution Week in
Anaheim.
Mayor Daly noted the observation of Constitution Week in Anaheim and read portions of the
Proclamation into the record; City Clerk Sohl stated it was expected that Pearl Kulczynski of the Mojave
Chapter, National Society of the Daughters of the Amedcan Revolution would be present to accept the
Proclamation. The presentation will either be rescheduled or the Proclamation mailed.
119: PRESENTATION OF AWARD TO THE ANAHEIM POLICE DEPARTMENT FOR THE
REACT PROGRAM: Presentation of an award from the National Apartment Association
to the Anaheim Police Department for the REACT pregram.
Mayor Daly acknowledged Mr. Richard Lambrose who for years has been associated with the Apartment
Association of Orange County and who is presently a candidate for the Assembly. He welcomed Mr.
Lambrose who was accompanied by Grace Howard representing the Board of the Apartment Association.
Rich Lambrose, Director of Public Affairs/Apartment Association of Orange County. Ms. Howard is
present to assist. She has served for years on the Crime Issues Committee of the Association. He
explained that in 1993, there was a significant increase in crime on rental property and the Association
became concerned especially as to how they could intercede to combat the problem. They got together
with the Police Department and began a long series of meetings and discussions. It was realized dudng
those meetings that there were things the Association could do to help law enforcement that they could
not do on their own and likewise for the Police Department since management is the law on the property.
The coming together of the two entities formed a strong team to combat crime. He then elaborated on
what the final program involved. Over a sedes of five classes, managers were schooled in the nuts and
bolts of law enforcement in the City. REACT is one of the types of programs that, under Chief Gaston
and the Anaheiro Police Departroent, helped to provide the reduction in crime. The Association
submitted the program to the National Apartment Association this year for an award they gave out. The
program was recognized as the top government affairs program involving a City and local apartment
owners working together, It is a pleasure to present the award to the City and specifically Chief Gaston.
He does not think there could be a Chief more community oriented in trying to find solutions to law
enforcement problems.
Police Chief Gaston. He would like, in turn, to recognize Rich and Grace. The department has been
pleased from the outset on how well the program has come together. He then acknowledged and
recognized those staff members in his department who put the program and curriculum together -- Linda
McGoldrick, Arlene Harris, Lt. Tom O'Donnell, and Michele Irwin.
Mayor Daly and Council Members commended both the Police Department and the Apartment
Association for the great results achieved in this cooperative venture, They will look for even greater
results and a continuing drop in crime.
3
CITY OF ANAHEIM~ CALIFORNIA COUNCIL MINUTES SEPTEMBER 17~ 1996
RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT
ANOTHER TIME:
1. PROCLAMATION recognizing September 29, 1996, as American Gold Star Mothers Day.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $8,225,989.18 for the period ending
September 13, 1996, 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. (5:30 p.m.)
Mayor Daly reconvened the City Council Meeting ( 5:32 p.m.)
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
Bob Ball, 5032 Laster, Anaheim. He is present relative to the shopping cart issue. He first submitted
photographs taken about a month ago within 30 minutes driving down the Ball Road, Cerritos Avenue,
Euclid Street area. One of the photographs shows 14 shopping carts being removed from the flood
control channel by County employees. Two days later, there were four more carts in the same place.
Other photos showed pictures of clothes, beer bottles and a lot of other things in the streets in an area
immediately surrounding the resort area. He has a hard time coping with the reality that the resort area
is on one side of the street and the unsightly situation on the other. He has expressed his views relative
to shopping carts to Speaker Pdngle and Assemblyman Morrissey who both voted for AB317 which
basically took away local control regarding abandoned shopping carts throughout California cities. He
has also submitted his views to the League of California Cities and the Orange County Board of
Supervisors asking them to fight as hard as possible to get AB317 undone. The Los Angeles Times also
asked him to submit a writeup on the issue which he did and which was published as an OP-ED item. He
is present today to urge the Council to give the issue of shopping carts special attention by improving the
retrieval process of these ~stolen" carts. He asked that they consider the following:
1. Enforce the existing law and prosecute violations as a misdemeanor.
2. Establish an ordinance with an associated fine.
3. Apply pressure to the California League of Cities to back them up with the other cities and
undo AB317.
4. Write to the Governor to let him know how the City feels about the issue.
5. Apply pressure to the Grocer's Association to stand up to their responsibilities.
6. Fine the Grocers for aiding and abetting littering.
Mayor Daly. He appreciates Mr. Bali's previous correspondence shared with the Council and also his
continuing focus and problem-solving approach to what has become a complicated issue. They do have
a recent staff report prepared by the City Attorney's Office. It is accurate to say they will work on all
aspects of the issue and try to find some positive solutions but the recent enactment of the new State law
(AB317) is going to make it difficult. They must come up with a way to notify the Grocers as soon as
possible of abandoned carts and then keep track of their response. If they am not performing in a
reasonable manner, to share that data with State govemment. It is about responsiveness of the Grocers
since they are the group that wanted the bill.
4
CITY OF ANAHEIM~ CALIFORNIA COUNCIL MINUTES SEPTEMBER 17~ 1996
Council Member Lopez. Something that Mr. Ball pointed out to him, the City is spending millions to
beautify the resort area but yet are not going to be able to control shopping carts sitting, for instance, at
the comer of Harbor and Katella until after three days. The City must do something because it is an
incredible situation.
Phil Ioti, President, Haster-Orangewood and Balsam Avenue Property Owner's Association. He
expressed appreciation to the Council for the unanimous support of no parking in the Haster-
Orangewood area. (The no parking was established by resolution - Resolution No. 95R-59 of 4/18/95 -
though Mr. loft kept referring to an ordinance.) He wanted to correct what was a spike in the apartment
vacancy rate contained in the report the Council received last week regarding the Hacienda Court
apartments (see, Haster-Orangewood No Parking Project Evaluation Report submitted to the Council on
9/10/96). He was the one who took the vacancy report. He explained about 1 1/2 months pdor to that,
Hacienda Court lost its most beloved manager in the area and vacancy rates subsequently increased.
He checked today and they are down from 25 vacancies to 15 ( a decrease from 30% to 18%) and they
are starting to come in line with the rest of the neighborhood or 9%. The no parking in the Haster-
Orangewood area along with an incredible effort by the City, City departments, private secudty and
property owners has transformed the neighborhood. The same can happen in the Balsam area. After
talking to the City Engineer, Traffic Engineer and the Police Department, he has decided to support a no
parking ordinance in the Balsam Avenue cul de sac. He has communicated with the 14 owners in the
area. He noted that no parking is not supported by all owners but he intends to continue to lobby for
passage. As a property owner in the Balsam Avenue neighborhood, he implored the Council to act
decisively in the matter.
Mayor Daly. He understands they will be getting a report back from staff on the Balsam potential. A
number of neighborhoods are being looked at - Rose-Bush-Vine, Jeffrey-Lynne and Balsam. They will
be looking at those that have the most support from the property owners and the ones that make the
most sense.
Dave Morgan, Acting City Manager. Staff will be getting a report back to the Council on the next target
neighborhoods before the end of October or in approximately three to four weeks.
PUBLIC COMMENTS - AGENDA ITEMS:
There were no public comments on City Council Agenda items.
MOTION:
Mayor Daly moved to waive reading in full of all resolutions and ordinances to be acted upon for
the Council meeting of September 17, 1996. 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 Ordinance No. 5578 for adoption. Refer to Ordinance Book.
5
CITY OF ANAHEIM~ CALIFORNIA COUNCIL MINUTES SEPTEMBER 17~ 1996
Al.
A3.
A4.
A5.
A6.
A7.
A8.
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 Cora V. Myers for property damage sustained purportedly due to actions
of the City on or about June 15, 1996.
b. Claim submitted by Jeffrey Allen Lieberman for property damage sustained purportedly due
to actions of the City on or about August 2, 1996.
c. Claim submitted by Sharon E. Young for property damage sustained purportedly due to
actions of the City on or about June 15, 1996.
105: Receiving and filing minutes of the Golf Advisory Commission meeting held July 25, 1996.
105: Receiving and filing minutes of the Anaheim Public Library Board meeting held August 7,
1996.
140: Receiving and filing the Anaheim Public Library Monthly Statistical Reports for the months
of June and July, 1996.
105: Receiving and filing minutes of the Mother Colony House Advisory Board meeting held
July 8, 1996.
105: Receiving and filing minutes of the Public Utilities Board meeting held May 2, 1996.
169: Awarding a contract to the lowest responsible bidder, C.J. Construction, Inc., in the amount
of $131,043.30 for Lincoln/Rose; Lincoln/East Street Improvements (Grimshaw House); 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.
167: Rejecting all bids submitted for the La Palma Avenue/VVeir Canyon Road Fiber Optic and
CCTV Installation.
167: ORDINANCE NO. 5578: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
CHAPTER 14.40 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO SPEED LIMITS ON
CERTAIN STREETS. (GLENVIEW AVENUE - 25 MPH FROM KELLOGG DRIVE TO
ORANGETHORPE AVENUE; HOLBROOK STREET - 25 MPH FROM KELLOGG DRIVE TO
ORANGETHORPE AVENUE; JEFFERSON STREET - 45 MPH FROM ORANGETHORPE
AVENUE TO TUSTIN AVENUE; RICHFIELD ROAD - 45 MPH FROM NORTH CITY LIMITS TO
LA PALMA AVENUE; AND SEQUOIA AVENUE - 30 MPH FROM BROOKHURST STREET TO
LA PALMA AVENUE.) (Introduced at the meeting of September 10, 1996, Item AS.)
123: Approving the renewal of an existing Lease Agreement with the Orange County
Transportation Authority for an additional five years, for the Anaheim Stadium Rail Station
Platform; and authorizing the City Clerk to give the Orange County Transportation Authority
written notice of the lease renewal.
123: Approving an Agreement with P & D Consultants, Inc., in an amount not to exceed $50,000
annually, to provide map and plan checking services for projects in the Anaheim Resort and
Disneyland Resort areas.
123: Approving an Agreement with the South Coast Air Quality Management District for
$109,447 to develop and implement a new rail feeder service from the Anaheim Canyon
Metrolink Commuter Rail Station.
6
CITY OF ANAHEIM~ CALIFORNIA COUNCIL MINUTES SEPTEMBER 177 1996
A9.
160: Accepting the Iow bid of Landscape Pest Management, in an amount not to exceed
$50,000 for weed abatement for a period of one year beginning in September 1996, with options
to renew for an additional three years, in accordance with Bid #5568.
Council Member Zemel. He understands they cannot go with the Anaheim business because they are
not the Iow bidder, but the recommendation is for an amount not-to-exceed $50,000 in any case. He
asked for an explanation.
Dave Morgan. The reason for the selection of Landscape Pest Management was their Iow bid. The
reason to go ahead with the $50,000 is to provide some margin to have additional work performed by this
provider. It is not to pay that additional amount for the same work which was bid in this specific proposal.
Al0.
All.
A12.
123: Approving an Agreement with Prism Computer Corporation, in an amount not to exceed
$87,300 for a Work Order system for use by Facilities Maintenance.
123: Approving a First Amendment to Agreement with Shield Security, Inc,, in an amount not to
exceed $242,226.34 plus additional service requirements up to 160 hours per week to provide
Security Personnel to enforce parking ordinances in posted street sweeping and other areas for a
period of one year beginning October 1, 1996, and ending September 30, 1997 with the option to
extend for two additional years, in accordance with Bid 5429.
123: Appreving an Agreement with the Digital Equipment Corporation for service on computer
equipment, in the amount of $949.44 per month for the period of August 1, 1996 through July 31,
1997, and authorizing the Community Services Director to execute said Agreement on behalf of
the City.
A13.
123: Approving an Agreement with the Anaheim Hotel Partnership, a limited partnership dba
Anaheim Hilton and Towers, for the temporary use of the top level of the jointly owned, enclosed
parking facility known as Carpark 2 Level P5; and increasing the FY 96/97 revenue appropriation
by $33,750.
A14.
123: Approving the Department of Transportation Agreement No. 12-UT-483 for Ball Road
Segment B Water Facilities, to relocate, reconstruct and/or abandon facilities for the I-5 Freeway
Widening project; and authorizing the Public Utilities General Manager to execute and deliver
the Agreement in the form hereby approved, with such additions thereto and changes therein as
are approved by the Public Utilities General Manager.
A15.
123: Waiving Council Policy 401, and Approving an Agreement with Turner Construction
Company, in the amount of $261,540 to perform preconstruction services for the Anaheim
Convention Center Enhancement Project; and amending the Public Works FY 1996/97 Capital
Improvement Budget to incorporate funds totaling $261,540 from account 455-412-9930-5797
into account 455-412-9930-7809-99301100 for expenditures associated with required
preconstruction services for the Enhancement Project.
Council Member Feldhaus. If they approve the subject agreement, he read that the fees for the services
ara nominal through November 4 and will not exceed the current Anaheim Resort Capital Improvement
funds. He asked if this is going to be an agreement just through November 4, or is it ongoing, and is the
agreement contingent upon what happens in the November 5th election.
Dave Morgan. The agreement is beyond November 4. It is correct that the costs anticipated prior to that
date are nominal. The City has the ability in the agreement to terminate on a five-day notice.
Depending on the action of the voters on November 5, if there is a decision not to proceed, they have the
ability to terminate the agreement at that time.
CITY OF ANAHEIM~ CALIFORNIA COUNCIL MINUTES SEPTEMBER 17~ 1996
Roll Call Vote on Ordinance No, 5578 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 5578 duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
Al6. 121: PUBLIC HEARING o FINDING AND DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUIRING AND AUTHORIZING CONDEMNATION OF CERTAIN REAL
PROPERTIES: To consider the adoption of resolutions finding and determining that the public
interest and necessity require condemnation of certain real properties located in the Anaheim
Resort Area; and authorizing the law firm of Rutan and Tucker, special counsel to the City, to
proceed with said condemnation actions.
Submitted was report dated September 10, 1996 recommending adoption of the resolutions finding and
determining the public interest and necessity for acquiring and authorizing the condemnation of a portion
of certain real property at the following locations:
1. 519 Ball Road (Pallmall Properties, Inc., c/o Arthur H. Shipkey, R/W5125-1)
2. 1120 S. Harbor Blvd. (Pallmall Properties, Inc., c/o Arthur H. Shipkey, R/W5125-2)
3. 1111 S. Harbor Blvd. (Chin Hsin Huang and Tsu Huang Lien Soo Wu and Hsin Chu Wu,
R/W5125-3)
4. 933 S. Harbor Boulevard (Patel, Parsotam R. & Parvatiben P., R/W5125-4)
City Clerk Sohl noted that letter dated September 17, 1996 from Edward L. Miller, Bewley, Lassleben &
Miller, Attorneys at Law had been received relative to the first two properties (519 Ball Road and 1120 S.
Harbor Blvd., - Pallmall Properties, Inc., R/VV5125-1 and R/W5125-2). A request was also received from
the property owner on the property located at 933 S. Harbor Blvd., Patel, Parsotam R. & Parvatiben P.
RAN5125-4 asking for a continuance of at least two weeks because they are out of town.
Mayor Daly. This is the time and place for the hearing on four separate properties in connection with the
Anaheim Resort Area. The location of the properties are as indicated above and are legally described in
the four proposed resolutions attached to the subject staff report. This is the appropriate time for a
presentation by staff.
Gary Johnson, Public Works Director/City Engineer. Natalie Meeks, Development Services/Civil
Engineer, Public Works will make the presentation.
Council Member Zemel. He noted that tl~ey had a couple of requests for continuance. He was
concerned if a staff presentation is given without the owners being present, if that would be the right thing
to do. He is also inclined to go along with property owner requests for continuance in issues involving
condemnation.
Natalie Meeks. Only one request for continuance has been received and staff is recommending a one-
week continuance based on the schedule. The other correspondence received involves a different issue.
8
CITY OF ANAHEIM~ CALIFORNIA COUNCIL MINUTES SEPTEMBER 17~ 1996
Mayor Daly. He will ask the City Attorney to comment. His feeling is there would be a staff report at any
future decision points so that the property owner would not miss any pertinent information.
City Attorney White. He recommends that a staff report proceed tonight with regard to the three
properties that will be considered and then next week a supplemental report will be made for the one
property that will not be considered tonight; Council Member Zemel. He will accept that.
Natalie Meeks. Staff is asking Council to adopt three resolutions of necessity tonight for the acquisition
of right of way required for the construction of street improvements on Harbor Boulevard north of Ball
Road. This project is scheduled to advertise October 17 and award made on November 26.
Construction will begin January 2, 1997 to be completed by May 20, 1997. It is necessary to have the
improvements in pdor to Cai Trans beginning construction of I-5 Segment B from s/o Harbor to n/o Santa
Aha Street. If the City fails to complete improvements by that time, there will be severe traffic
congestion in the area and will jeopardize over $300,000 in G.M.A. funding for the project. Appraisals
have been completed on the four properties to determine the fair market value. Offers have been made
to the property owners and the City has retained a relocation consultant to work with the two businesses
being impacted and which need to be relocated. Staff will be working directly with the property owners
and tenants even after today and will do their best to resolve the matter and get a negotiated settlement
but at this time need to proceed with the resolution in order to assure possession of the property for the
schedule to be met. As discussed, they have received one request for continuance on the property at
933 S. Harbor Blvd. Staff is recommending a one-week continuance and not two as requested.
Mayor Daly. In conducting the hearing, they will take testimony separately on each of the four proposed
acquisitions and will hear from the owner of record or their designated representative. Testimony will be
limited to the following issues:
1. Whether the public interest and necessity require this project.
2. Whether the project is planned and located in a manner that will be most compatible with the
greatest public good and least private injury.
3. Whether the property sought to be acquired is necessary for the project.
4. That the offer required by Section 7267.2 of the Government Code has been made to the
owner or owners of record.
Mayor Daly then opened the Public Hearing on the property at 519 Ball Road and asked to hear from the
property owner or a designated representative. No one came forward to speak. The Mayor thereupon
closed the Public Hearing on the property at 519 Ball Road.
Mayor Daly opened the Public Headng on the property at 1120 S. Harbor Boulevard and asked to hear
from the property owner or a designated representative. No one came forward to speak.
The Mayor thereupon closed the Public Headng on the property at 1120 S. Harbor Boulevard.
(As noted earlier, a letter was received from the attorney representing the property owner on the two
foregoing properties.)
Mayor Daly opened the Public Hearing on the property at 11'11 S. Harbor Boulevard and asked to hear
from the property owner or a designated representative. No one came forward to speak. The Mayor
thereupon closed the Public Hearing on the property at 1111 S. Harbor Boulevard.
Mayor Daly then referred to the fourth item involving the property at 933 S. Harbor Boulevard. This is
the property where the property owner has requested a continuance of the Public Hearing and staff is
recernmending a one-week continuance. He asked if the property owner or a representative was present
on this item; there was no response.
City Attorney White. It would be appropriate to take action on the first three proposed resolutions and
then a motion to continue the hearing on the fourth for one week.
CITY OF ANAHEIM~ CALIFORNIA COUNCIL MINUTES SEPTEMBER 17~ 1996
MOTION: Council Member Zemel moved to continue the Public Hearing on the property at 933 South
Harbor Boulevard for one week. Mayor Daly seconded the motion. MOTION CARRIED.
Council Member Zemel. He asked if the City Attorney wished to comment on the letter received from
Edward Miller on the first two properties.
City Attorney White. The letter would be applicable to both of the properties on which the hearings were
held -- 519 Ball Road and 1120 S. Harbor. The letter will be included in the record of the proceedings on
both hearings. Natalie Meeks would be able to respond briefly to the letter which will also be a part of
the record.
Natalie Meeks. The letter received encompassing the two properties suggests that a full take of the two
properties would be in the greatest public good and least private injury because two businesses will be
displaced. However, there will be three businesses remaining on the property. Staff feels, and it is
confirmed in the appraisal, that the greatest public good and least pdvate injury is to just do the partial
taking, the property the City requires for the road construction, and leave the three businesses operating.
Council Member Feldhaus. He asked if they anticipate they will continue forward in their process to try to
stop the City from doing this.
Mayor Daly. It does not appear they are trying to stop the City but are suggesting that the City do more.
Natalie Meeks. She confirmed, they are suggesting a full take of both of those properties. She also
explained for Council Member Zemel that they are not the property owner but the leasehold interests for
the properties. They feel that taking those two businesses away reduces their income on the property.
According to the appraisal, they still have 1.3 acres. The original size was 1.53 acres. It is not an
undevelopable piece of property. The appraisal was based on the highest and best use of the property
which assembles it with some adjacent property owned by the same person and has based the value on
that which actually increases the value. It is not a situation where they are leaving someone with a
remnant piece of property that has no value. It has value.
Council Member ZemeL He asked if the people who have the leasehold interest are suggesting it is OK,
the taking of the two pieces, but they would like more or if not taking more, they do not want the City to
touch it at all; Natalie Meeks. She stated they have not said that.
Council Member Zemel asked if they heard from the actual debt holder; Natalie Meeks. Staff has been
in negotiations with him. He has not contested and understands the taking.
Mayor Daly offered Resolution No. 96R-157 through 96R-159, both inclusive, for adoption.
RESOLUTION NO. 96R-157: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR
ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY.
(519 BALL ROAD - PALLMALL PROPERTIES, INC. - R/VV 5125-1 .)
RESOLUTION NO. 96R-158: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR
ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY.
(1120 SOUTH HARBOR BOULEVARD - PALLMALL PROPERTIES, INC. - RAN 5125-2.)
RESOLUTION NO. 96R-159: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR
ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY.
(1111 SOUTH HARBOR BOULEVARD - CHIN HSIN HUANG AND TSU HUANG LIEN SOO WU
AND HSIN CHU WU - RAN 5125-3.)
10
CITY OF ANAHEIM~ CALIFORNIA COUNCIL MINUTES SEPTEMBER 17~ 1996
RESOLUTION NO. - ...... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR
ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY.
(933 SOUTH HARBOR BOULEVARD - PATEL, PARSOTAM R. & PARVATIBEN P. - R/W 5125-
4.)
This resolution is continued one week at the request of owner with staff concurrence.
Roll Call Vote on Resolution Nos. 96R-157 throuqh 96R-159, both inclusive, for adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
MAYOR/COUNCIL MEMBERS: None
MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 96R-157 through 96R-159, both inclusive, duly passed and
adopted.
ITEM B1 FROM THE ZONING ADMINISTRATOR MEETING OF AUGUST 29~ 1996:
DECISION DATE SEPTEMBER 4~ '1996:
INFORMATION ONLY -APPEAL PERIOD ENDS SEPTEMBER 19~ 1996:
BI.
179: ADMINISTRATIVE ADJUSTMENT NO. 0108 CATEGORICALLY EXEMPT~ CLASS 3:
OWNER: Refugio Rubalcaba, 527 South Haven Street, Anaheim, CA 92805
AGENT: W. B. Allen, 10341 Orangewood, Garden Grove, CA 92840
LOCATION: 527 South Haven Street. Property is a rectangularly-shaped parcel of land
consisting of approximately 0.17 acre, having a frontage of 73 feet on the west side of Haven
Street, and being located 315 feet south of the centerline of Santa Ana Street.
To construct a block wall with waiver of maximum fence height (6 feet permitted; 7 feet, 6
inches proposed).
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 0108 APPROVED (ZA DECISION NO. 96-24).
Mayor Daly. The staff report indicates none of the neighbors adjacent to the property at 527 S. Haven
were opposed to the waiver to raise the side and back-yard fence.
Joel Fick, Planning Director. With an Administrative Adjustment, the neighbors are notified. No one
objected. They received one inquir3/ from one of the neighbors asking for information but no one
expressed concern.
Mayor Daly. With this addition which is a foot and a half taller, how does the City planning staff evaluate
whether it is appropriate.
Annika Santalahti, Zoning Administrator. When this portion of the code was developed as an
Administrative Adjustment for fence height, the decision was made that, if the neighbors agreed on it, it
was not a problem for the City. If nobody opposes it, staff does not oppose either. This involves interior
property lines. They can go higher than 7 1/2', but 7' or 7 112' is typically what they see.
END OF THE ZONING ADMINISTRATOR ITEMS.
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CITY OF ANAHEIM~ CALIFORNIA COUNCIL MINUTES SEPTEMBER 17~ 1996
B2.
179: ORDINANCE NO. 5579: (INTRODUCTION) Amending Title 18 to rezone property under
Reclassification No. 90-91-24 located at 1680 West Broadway from the CG zone to the CL zone.
Council Member Feldhaus asked why the property is being reclassified and what is the issue on the
service station.
Joel Fick, Planning Director. This is a City-initiated request associated with a prior zoning action on the
property. It cleans up the existing CG zoning that only exists on a handful of remaining parcels in the
City. Staff believes the change to CL is positive because the CL zoning contains development standards
such as landscaping standards, The CG zone does not have those standards. The adjacent property is
also zoned CL.
Mayor Daly offered Ordinance No. 5579 for first reading. Refer to Ordinance Book.
ORDINANCE NO. 5579: AMENDING TITLE 18 TO REZONE PROPERTY UNDER
RECLASSIFICATION NO. 90-91-24 LOCATED AT 1680 WEST BROADWAY FROM THE CG
ZONE TO THE CL ZONE.
C1.
114: ANAHEIM PREP SPORTS AND ACTIVITIES FOUNDATION: Appointment of two
pemons to serve on the Board of Directors contingent upon filing of the final articles of
incorporation and adoption of the bylaws of the Foundation in a form approved by the City
Attorney. (Terms will commence witi~ the filing of the adicles).
Submitted was report dated September 11, 1996 from the City Attorney.
Mayor Daly asked the City Attorney to highlight his report and explain his recommendation.
City Attomey White then briefed the discussion portion of his report (see Pg. 1 of the subject report)
relative to the creation of the Foundation, its purpose, and the makeup of the Board of Directors.
Attached to the report was a draft of the proposed articles of incorporation and bylaws for Council review.
In discussion with Mr. Wayne Allen, legal counsel who proposed the formation of the Foundation and
drafted the documents, he (White) determined them am probably throe areas where it would be
advisable that the bylaws be revised to reflect the fact of the participation by the City as a public agency.
He then briefed the three areas listed on Pg. 2 of his report summarized as follows: 1.) Authorizing the
Council to have the choice that either one or both City members on the board be two Council Members
or one Council Member and a Council public appointee. 2.) That there be no compensation for at least
the public directors on the board. 3.) That meetings of the board be subject to the open meeting
provisions of the Brown Act. Mr. Allen sees no problem in making those amendments. Because it is a
private corporation, Anaheim need not take an action to approve the creation of the corporation. The
City's only action would be to designate directors to participate in the corporation board who may be
Council Members but one of whom must be a Council Member. The action is contingent upon the filing
of the articles and the bylaws including the changes and his review of the revised bylaws to make sure
the changes are included.
Mayor Daly. As explained by the City Attorney, the Council appointments can be made this evening
contingent upon changes to the bylaws as recommended by the City Attorney. As is obvious from the
staff report, it is all contingent upon the completion of the Foundation as a non-profit corporation.
Council Member Zemel. Last week he thought there was mention that every student in Anaheim would
have an opportunity to participate but it looks as though only Anaheim Union High School Distdct
(AUHSD) is involved. He asked if it would involve the whole City or part of the City.
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CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES SEPTEMBER 17~ 1996
Mayor Daly. The intent is to include as ultimate beneficiaries junior and high school students attending
public schools in Anaheim, anywhere in Anaheim, as well as junior and high school students attending
school anywhere in the AUHSD which technically includes all of Anaheim and an area outside of
Anaheim. The district includes some neighborhoods outside Anaheim. He quoted from the first
paragraph under the discussion portion of the City Attorney's report, "The purpose of the Foundation
would be to provide financial support for after-school athletic programs and other after-school activities
al junior high schools and high schools throughout Anaheim and the AUHSD attendance area".
Council Member Tait asked for clarification that this is simply to set up a Foundation and not to fund it.
City Attorney White. He confirmed that was correct. If the Council appoints directors tonight, there is
absolutely no commitment for any funding. That would be a separate Council decision the Council would
have to make as an agenda item sometime in the future. Tonight's proposed action does not commit
$1.00 of City funds to the Foundation.
Mayor Daly. He believes launching this type of fund raising effort to assist after-school programs is a
great idea. It will require the assistance of community leaders and will take months and possibly years to
communicate all the benefits and goals and objectives. The fact that it is a partnership between the City
and School District means it has great potential for the raising of funds and to make sure they are spent
as efficiently as possible. Relative to the appointment of the two City members to the seven-member
board, his suggestion at this point would be to appoint two Council Members at least for the first year.
They can change that in the future and it will certainly be revisited one year from now. He is interested in
serving as one of those appointees.
MOTION: Council Member Feldhaus moved to nominate/appoint Mayor Daly to serve as a Board
Member of the Anaheim Prep Sports and Activities Foundation for one year. Council Member Tait
seconded the motion. MOTION CARRIED.
Council Member Lopez stated he would also be interested in serving on the Board.
MOTION: Mayor Daly moved to nominate/appoint Council Member Lopez to serve as a Board Member
of the Anaheim Prep Sports and Activities Foundation for one year. Council Member Zemel seconded
the motion. MOTION CARRIED.
Council Member Zemel. He is 100% behind the formation of the Foundation and again commended the
Mayor for his work on behalf of this effort. If there is anything he can do to help, he will be happy to do
SO,
Mayor Daly. He assured Council Member Zemel he would be asked to help raise funds and hopes that
the biggest challenge of the Foundation will be how to allocate all the funds raised from the private
sector. The School Distdct is very enthusiastic about the prospects. He then acknowledged School
Superintendent, Jan Billings who was present in the Chamber audience and also Craig Howden, an
Assistant Superintendent, as well as Pastor Bryan Crow.
From the audience, Mrs. Billings stated this is symbolic of the wonder/ul partnership between the School
Distdct and the City and they are greatful.
C2. 112: REPORT ON CLOSED SESSION ACTIONS:
City Attorney Jack White Stated that there are no actions to report.
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CITY OF ANAHEIM~ CALIFORNIA COUNCIL MINUTES SEPTEMBER 17, 1996
C3. 114: COUNCIL COMMENTS:
There were no comments.
ADJOURNMENT: By general Council consent, the Council Meeting of September 17, 1996 was
adjourned (6:30 P.M.).
LEONORA N. SOHL
CITY CLERK
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