1996/11/19ICITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES
NOVEMBER 19, 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
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ASSISTANT CITY CLERK: Ann M. Sauvageau
PUBLIC WORKS DIRECTOR/CITY ENGINEER: Gary Johnson
FLEET/FACILITY MANAGER: Darryl Meekhof
DEPUTY CiTY MANAGER: Tom Wood
PLANNING DIRECTOR: Joel Fick
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 11:40 a.m. on
November 15, 1996 at the Civic Center Kiosk, containing all items as shown herein.
Mayor Pro Tem, Lou Lopez celled the Workshop portion of the meeting of November 19, 1996 to order
at 3:20 P. M. and welcomed those in attendance.
Gary Johnson, Public Works Director and City Engineer stated that the purpose of the Workshop is to
present the SR-91 Widening Project scheduled to begin in January, 1997 which 'will add a High
Occupancy Vehicle (HOV) lane, modify numerous Iocel overorossings and undercrossings, and improve
traffic flow along a 13-mile corridor stretching west from State Route 57 (SR-57) to the Los Angeles
County Line.' He then introduced the first of several speakers present both from the Orange County
Transportation Association (OCTA) and the Califomia Department of Transportation (Caltrans), Sam
Hour.
Council Member Tait entered the Council Chamber (3:24 P.M.).
131: SR-9t WIDENING PROJECT: Sam Hout, Principal Project Manager, OCTA. Today, he and other
representatives will be sharing an overview of the planned improvements for the SR-91 Freeway. It is a
$180 Million project spanning six cities (Anaheim, Buena Park, Cerritos, Fullerton, LaPalma and
Placentia). The OCTA and Caltrans are won~ing together on the project funded primarily by Measure M
funds. Mr. Hout's presentation, supplemented by digital slides, gave a project overview explaining the
four major projects involved in the plan (SR91/SR57 Interchange, SR57 to Harbor, Harbor to I-5, I-5 to
the Los Angeles County line). He also noted as shown on a map of the project area that the I-5/SR91
interchange is a part of the I-5 North Project which was presented to the Council at its meeting of
November 5, 1996 (see minutes that date). The SR91 project will start with the SR91/57 interchange
improvements. He noted in concluding his presentation that project funding consists of 90% from
Measure M funds, and 20% from Federal, State and City funds with Anaheim-Fullerton funding of $5
million. (Also see brochure submitted and made a part of the record which included a map of the project
area, SR91 Improvements Schedule, specifics on the HOV portion, and a detailed outline of the SR91
Improvement Project Public Awareness Campaign Overview).
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES NOVEMBER 19~ 1996
After Mr. Hout's presentation, the following representatives gave a presentation of various aspects of the
project (each supplemented by a digital slide presentation):
Barry Rabbit, Caltrans. He bdefed the Traffic Management Plan that will be in place and the controls to
be used in order to minimize the impact of the project on the community. He is confident that the work
on the 91 corridor, just as with the i-5 North Improvement Project, will move forward as planned, on
schedule, and without undue interruption to traffic.
Larry Tenney, Managing Partner, Nelson Communications Group. He gave an extensive and detailed
overview of the Public Awareness Campaign which will be in place to disseminate construction-related
information to key audiences in and around the corridor, build community support for the SR91
Improvement Project, and minimize the impacts of construction. He then gave the objectives of the
program, the audiences that will be targeted, the elements of the campaign (program identity,
government and community relations, memhant, resident, employer, trucking industry, school, tourist
and major entertainment venue, Hispanic outreach, media relations, etc.) and also gave a transportation
helpline number as well as other information cdtical to the project in keeping the public informed.
In concluding the presentation, Mr. Hour introduced additional members of the Improvement Project
Team who were present in the Chamber audience. He then thanked the Council for giving them the
opportunity to present the overview of the project as well as the strategies that will be in place. He
especially thanked Gary Johnson and City staff for their assistance and their proactive approach to the
whole process.
Mayor Daly entered the Council Chamber (3:40 P.M.).
Following the presentation, Council Members posed questions relative to specific aspects of the project
which were answered by Gary Johnson, Mr. Hout, and Mario Montez, Project Manager for OCTA.
Mayor Daly thanked the representatives of OCTA, Caltrans and staff for the informative presentation.
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 RELATIONS:
Agency negotiator: Dave Hill
Employee organizations: AFA and AMEA
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (a) - EXISTING LITIGATION
Name of case: Boomer v. City of Anaheim, U. S. District Case CV95-3343 MRP (BQRX).
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to subdivision (c) of Section 54956.9:
one potential case.
2
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES NOVEMBER 19~ 1996
PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Title: City Manager
RECESS:
Mayor Daly moved to recess into Closed Session. Council Member Lopez seconded the
motion. MOTION CARRIED. (3:45 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. ( 5:45 p.m.)
INVOCATION:
Pastor Jimmy Gaston, Church of Christ, gave the invocation.
FLAG SALUTE:
Council Member Frank Feldhaus led the assembly in the Pledge of Allegiance to the Flag.
119: DECLARATION OF RECOGNITION AND WELCOMING OF MITO~ JAPAN DELEGATION TO
ANAHEIM: A Declaration of Recognition was unanimously adopted by the City Council welcoming and
honoring the delegation from Mito and extending warmest wishes and hospitality.
Mr. Paul Bostwick, Sister Cities Committee, stated it was his pleasure to come before the Council tonight
and present the delegation from Mito, Japan which is the 21st delegation to visit Anaheim, Mito's Sister
City. He then deferred to Mr. Mizuru Nemato, leader of the delegation and Treasurer of Mito.
Mr. Nemato, speaking through an interpreter, thanked the Council for giving the time to greet the Mito
delegation. There are 32 members in the delegation including seven Assemblymen (Council Members).
They have been sending a Good-Will Delegation to the City of Anaheim for 21 years. They want to
thank the City for the kind reception given to them on their visits which have also been informative and
enlightening. Although a delegation from Anaheim was unable to come to Mito this year, they are
looking forward to such a visit next year as well as continuing mutual cooperation. Mr. Nemato then
introduced members of his delegation, presented a letter from the Mayor of Mito to Mayor Daly, and also
presented gifts to the Mayor and Council Members.
Mayor Daly read the Declaration of Recognition and Welcome and presented it to Mr. Nemato along with
a collage of pictures mounted in a frame showing the major projects under way or soon to be started in
the City of Anaheim including the second Disneyland theme park, remodeling of Anaheim Stadium, and
the expansion/renovation of the Convention Center. He expressed his pleasure in having the Mito
Delegation once again visit Anaheim.
RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT
ANOTHER TIME:
PROCLAMATION recognizing August 20 - 23, 1997, as Ostomy Awareness Week in Anaheim.
DECLARATION recognizing Anaheim's support for the El Toro Draft Community Reuse Plan,
and Alternative A of the Draft Environmental Impact Report.
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES NOVEMBER 19~ 1996
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,303,565.11 for the pedod ending
November 12, 1996 and $3,723,809.40 for the pedod ending November 18, 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. (5:40 p.m.)
Mayor Daly reconvened the City Council Meeting ( 5:45 p.m.)
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
Joseph P. Barney, 22171 Timberline, Lake Forest. He read a portion of a prepared statement which he
submitted to the Council regarding the proposed El Tore International Airport. The remarks he read,
although his, were comments from Earl McKenzie, a Boeing 767/757 United Airlines Captain (31 years of
flight experience), the essence being that, in his opinion (McKenzie's), most takeoffs would have to be
made to the north thereby causing noise impact over Tustin, Lemon Heights, portions of Santa Aha,
Orange, Garden Grove and Anaheim. He (Barney) is a member of the Restoration Advisory Panel under
the BRAC at El Toro. He closed stating that Anaheim does not come out unscathed with a proposed
International Airport at El Tore. He also clarified for Council Member Zemel that the statement given is
his statement with the information given him by Earl McKenzie.
Council Member Zemel. He asked where Mr. McKenzie lived and his address (which Mr. Barney did not
presently know) so that he could contact him personally regarding his analysis of the takeoff path.
Mr. Bamey stated he did not have that information but would be happy to supply it. He also noted that
Blanche Margulies Thoma was the primary contact and her address and phone number were supplied in
the material submitted.
Bob Ball, 1532 Laster, Anaheim. He is present once again regarding the shopping cart issue. He just
returned from an extensive cross-country trip and in all of the major cities visited, he saw only one
abandoned cart which is not the case in Anaheim. He again reiterated his frustration with the emphasis
on retrieval of carts as a solution to a fundamental problem of theft. He is concerned that the City is not
strictly enfoming a State law that says it is against the law to remove carts from the premises. Even
though it forbids removal of carts, it does not stop people from doing so and then leaving them all over
the place. In concluding his extensive comments on the issue, he reiterated the need for a stronger
enforcement program and he encouraged the Council to do something in that regard. He recommended
that Anaheim enact an ordinance which would impose a fine similar to a parking violation to those people
walking up and down the streets with shopping carts. He also knows that Council Member Lopez sent a
letter asking the Governor to rescind AB317 which takes away local control relative to shopping carts but
believes nothing has been received in retum.
Council Member Lopez. No answer has been received or action taken. The City Attorney is going to
contact the Govemor's Office to ask why. The entire Council has concems regarding the shopping cart
issue. The City Attorney and staff will continue to work on the matter in order to resolve the problem.
4
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES NOVEMBER 19, 1996
Mayor Daly. He intends to comment on this issue further later in the meeting (under Council
Comments). It is clear it is necessary to be more aggressive. He has asked the City Manager and City
Attorney to look at the State law and see what action is still available to the City including the theft
question. Carts are the Grocer's property and taxpayers should not have to spend a lot of time and
money dealing with that property. One of the questions is how much money is the City going to spend to
police private property.
Mr. Ball referred to the Grocer's Association Cart Removal Action Plan dated July, 1996 (previously
submitted by Council Member Feldhaus when the issue was broached by him several months ago);
Council Member Feldhaus stated those promises were made pre-AB317 listing the things the Grocer's
were going to do. After AB317 was passed and signed by the Governor, the promises were not fulfilled.
Later in the meeting under Council Comments (C3.), Council Member Lopez reiterated his concern with
the situation as it stands where the City cannot act as it would like to regarding removal of shopping carts
from City streets and also with the fact that there has been no action or response to the letter sent to the
Governor.
Council Member Zemel. Council Member Lopez and Feldhaus have his support on what they have been
doing on the shopping cart issue and offers his help and also to share some thoughts with them on the
subject. However, he is concerned about what he read in the paper relative to combatting the problem
which involves spending money.
Council Member Lopez. They are going to try to find other ways to see if they can correct the problem.
Council Member Tait. Mr. Ball brought up a good point. It is really an enforcement issue and the City
has not done a good enforcement job. it seems they can refocus on the thief who is stealing the cart.
He would like a memo on that aspect.
City Attorney White. He will be happy to provide that information.
Kenneth Fischer, 1415 W, Cerritos, Anaheim (who was present in the Council Chamber as leader of Boy
Scout Troop 73) expressed his displeasure with the State law which he feels should be challenged in
court. He spoke to the Council at a previous meeting on this matter and had called the City twice to get
the channel cleared of abandoned shopping carts in order to avoid a flooding situation. He urged the
Council to challenge the State.
City Attorney White. Answering Council Member Lopez, explained that the normal procedure in
challenging the law would be simply to not follow the law but develop its own procedures and then allow
someone to allege the City was in violation of the State law. The City could then defend its actions. The
State Legislature is now recessed until January. When it reconvenes, he believes they will have an
opportunity to determine whether they can individually or collectively with other cities or the League of
Cities request the City's legislative representatives to introduce an amendment or legislation that would
modify the existing statute that, in his opinion, was ill conceived and unworkable. Relative to Council
Member Lopez's concern, between his office and the Intergovernmental Relations Officer, he suggests
that they jointly determine the best way to approach the Governor's office to verify that the first letter was
received, if they are going to respond and alter that, determine if any further correspondence is
necessary. The Governor is not in a position where he can unilaterally change the statute. It will take
legislative action or court action. It will be necessary to work through the City's local representatives or
through the court process.
Council Member Feldhaus. He feels there is an analogy between this situation and AB2109 (protection
of ground water supply). It is another instance of State intervention in what should be a local issue and
he feels they should pursue the shopping cart issue to whatever degree necessary to get back local
control.
5
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES NOVEMBER 19~ 1996
PUBLIC COMMENTS - AGENDA ITEMS:
Public input was received on Item A5, A13 and A20 (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 November 19, 1996. Council Member Feldhaus seconded the motion.
MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Mayor Daly, seconded by
Council Member Feldhaus, 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 Resolution Nos. 96R-192 and 96R-193, for adoption. Mayor Daly offered
Ordinance No. 5582 through 5584, both inclusive, for adoption. Refer to Resolution/Ordinance Book.
Al.
A3.
A4.
A5.
t05: Receiving and filing minutes of the Community Redevelopment Commission meetings held
July 17, 1996, and September 18, 1996; and special meetings held August 28, 1996, September
5, 1996, and September 25, 1996.
173: Receiving and filing a Heating Notice of Proposed Major Change In Regulation and
Proposed Change in Rates from Soothem California Gas Company (Application No. 95-06-002).
105: Receiving and filing minutes of the Anaheim Public Library Board meeting held October 2,
1996.
140: Receiving and filing the Library Monthly Statistical Report for the month of September,
1996.
117: Receiving and filing an Investment Portfolio Report Executive Summary for the month of
October, 1996, as submitted by the City Treasurer.
112: Receiving and filing a Supplemental Law Enforcement Services Funds (SLESF) Report for
the month of October, 1996, as submitted by the City Treasurer.
167: Awarding the contract to the lowest responsible bidder, CT & F, Inc., in the amount of
$251,419.83 for La Palma Avenue/Weir Canyon Road Fiber Optic and CCTV Installation; 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.
165: ORDINANCE NO. 5582: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
CHAPTER 12.12 AND SECTION 12.24,030 OF THE ANAHEIM MUNICIPAL CODE
PERTAINING TO RIGHT-OF-WAY CONSTRUCTION PERMITS. (INTRODUCED AT THE
MEETING OF NOVEMBER 5, 1996, ITEM A7.)
123: Approving Agreement No. C-96-380 with Orange County Transportation Authotity for the
acceptance of eight bicycle lockers to be installed in the Anaheim Canyon Metrolink Station.
155: Approving a Mitigated Negative Declaration to proceed with carrying out the functional
replacement of Fire Station No. 3 (to be relocated from 1580 South Clementine Street to an
alternate location at 1701 South Clementine Street).
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES NOVEMBER 19~ 1996
Jonathan Giloff, General Manager, Residence Inn by Marriot. Their facility is on the comer of Freedman
Way and Clementine Street (south east comer). (The proposed fire station relocation site is on the south
west comer). He is asking that some common sense be used because every time the fire vehicles go
past the comer, they have to blast their horn/siren even if it is three o'clock in the morning. Because of
this, he receives complaints from his hotel guests. He talked to Chuck Smith, the Project Manager,
about installing a flashing light or doing something else if they move or expand the station. His facility
pays about $750,000 in taxes each year. He reiterated he is just asking for some common sense to bo
exemised in this regard. If he needs to protest the situation, he would like to do so or have the City come
up with a solution. Marfiot paid for putting the traffic light in in 1989 when the hotel was built and now will
be punished because of it. He thanked the Council for considering the matter, He then cladfied for the
Mayor that he did not speak with the Fire Chief. From what he surmises, it is a State law that they have
to blast the sirens. There are a number of guest rooms right on that comer. He talked to Mr. Smith who
said he would look into the situation.
Mayor Daly. The City Manager is the Chief Administrator of City government. The Council will ask him
to check into the procedures followed in this case and what impacts the new station location may be on
the Marfiot property. The City Manager will make sure there is some type of conversation between the
Fire Department and Mr. Giloff so that everybody is clear what to expect. If there are other solutions
available, those will be discussed as well. They will ask the City Manager to let Mr. Giloff know what
transpires.
A6.
A7.
A8.
A9.
Al0.
All.
A12.
A13.
123: Approving an Agreement between the City of Anaheim and Orange County Transportation
Authority for SR-91 Freeway Traffic Management Plan improvements.
170: Approving the Final Map of Tract No. 15120, and the Subdivision Agreement with Shea
Homes Limited Partnership; and authorizing the Mayor and City Clerk to execute said
Subdivision Agreement. Tract No. 15120 is located at Garden View Drive, east of Crownview
Way, and is filed in conjunction with Specific Plan No. 88-1.
170: Approving the Final Map of Tract No. 15121 and the Subdivision Agreement with Shea
Homes Limited Partnership; and authorizing the Mayor and City Clerk to execute said
Subdivision Agreement. Tract No. 15121 is located at Banner Ridge Drive and Cloverdale
Drive, and is filed in conjunction with Specific Plan No. 88-1.
158: RESOLUTION NO. 96R-192: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING CERTAIN REAL PROPERTIES
OR INTERESTS THEREIN TO THE CITY.
160: Accepting the Iow bid of Rightway Construction and Paving Company, in an amount not to
exceed $31,790 for reconstruction of the asphalt parking lot at Modjeska Park, in accordance
with Bid #5596.
160: Accepting the Iow bid of The Okonite Company, in an amount not to exceed $181,181.71
for 6,557 feet of 15KV 1000 KCMIL underground primary cable, in accordance with Bid #5590.
160: Waiving Council Policy 306, and authorizing the Pumhasing Agent to issue a Purchase
Order to Motorola Communications and Electronics, Inc., in an amount not to exceed $44,026.27
for supplying, installing and implementing three dispatch operator consoles. (Fire Department.)
160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a Purchase
Order to Pacific Bell, in an amount not to exceed $65,000 for video conferencing equipment for
the City Council and City Manager's Office.
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES NOVEMBER 19~ 1996
Jeff Kirsch, 2661 W. Palais, Anaheim. Relative to this proposed expenditure, he noted there were no
details as to the amount of significant travel time involved, if any, or a cost-benefit analysis to tell the
taxpayers what the benefit of the expenditure will be. He is requesting that Council either reconsider the
matter, ask for more supportive information, or deny the recommendation. He refen'ed to the
teleconferencing system previously installed in City Hall West, As confirmed in a telephone call to the
Utilities Department this attemoon, that system is little used. It is his opinion that these funds could be
better used toward other City expenses rather than a redundant teleconferencing system.
Council Member Zemel. He had intended pulling this item for separate discussion. He believes the
video teleconferencing center in City Hall West is still there; City Manager Ruth stated that was con'ect.
It has not been very functional but it is still there.
Council Member Zemel. He used it one time but it did not seem very functional to him as well. There
appeared to be 'bugs' that needed to be worked out. He is concerned about supporting a second center
when he has not seen that the fi~st one is working or that City staff is using it. If there is a
teleconferencing center across the street, why not go acress the street to use it. It seems excessive to
him and he would like additional information.
Darryl Meekhof, Fleet and Facility Manager. In looking at the various systems available, the
recommendation is for one that is current state-of-the art and that will match up automatically to any
system in use. The proposed system is very easy to use. He explained the basics of the system and
how it works. It is also a portable system and can be moved anywhere in the building or in the City.
Tom Wood, Deputy City Manager. In the next five years, there will be extensive amounts of
coordinating necessary with different consultants and contractors. The City will be encouraging them to
have similar equipment to reduce current travel time. Staff has not attempted to calculate it on a per trip
basis because they do not have any idea on how extensive the (Disney) project is going to be. The
equipment is specifically for the 7th floor because there are different size conference rooms. There is a
large conference room which can accommodate 30-40 people. It will serve them well into the future and
will save money in the long ten. It is the dght thing to do. Further, the system across the street is not
compatible. It is not being used because it took so many people to make it work.
Council Member Tait. Council Member Zemel raised some good points. He would like to see more of a
cost-benefit analysis relative to the recommendation - how many trips it will save, and information on
the teleconferencing center at City Hall West. He would like to continue the matter.
MOTION: Council Member Tait moved to continue Item A13. until the next scheduled Council Meeting
(December 4, 1996) and that a report be submitted from staff. Mayor Daly seconded the motion.
MOTION CARRIED.
A14.
A15.
A16.
160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a Purchase
order to Xerox Corporation, in the amount not to exceed $105,201.60 for a 60-month term lease
of a Xerox Document Center System 35 copier beginning on November 1, 1996. (Police
Department.)
160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a Purchase
Order to Teleminder, in the amount of $32,200 for an automated phone dialing system for the
Police Department.
179: ORDINANCE NO. 5583: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
ORDINANCE NO. 5574, AS ADOPTED BY CITY COUNCIL ON AUGUST 20, 1996, NUNC PRO
TUNC. (INTRODUCED AT THE MEETING OF NOVEMBER 5, 1996, ITEM A2.5.) (LIMITATION
OF TIME - CHURCHES IN THE NORTHEAST INDUSTRIAL AREA SP ZONE.)
8
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES NOVEMBER 19~ 1996
A17.
000: ORDINANCE NO. 5584: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTION 4.52.070 OF THE ANAHEIM MUNICIPAL CODE REFERENCING BUSINESS
LICENSE FEES. (INTRODUCED AT THE MEETING OF NOVEMBER 5, 1996, ITEM A28.)
A18.
113: RESOLUTION NO. 96R-193: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AUTHORIZING THE TRANSFER OF CERTAIN RECORDS TO THE ANAHEIM
ARCHIVES. (ELIZABETH J. SCHULTZ MOTHER COLONY HISTORY ROOM OF THE
ANAHEIM PUBLIC LIBRARY, MAIN BRANCH.)
A19. 137: Receiving and filing the two Certificates of Authorized Representative for the Electdc
Revenue Bonds, Issue of 1996 ($95,395,000).
A2.0. 175: Approving the implementation of the 'Helping Hands Program' through use of the Public
Utilities Department's billing system.
Mayor Daly. He appreciates the fine follow through by City departments to devise what appears to be a
very practical program. It is great when there is a suggestion by a citizen and that suggestion then
becomes a program with such excellent potential. The Council will look forward to hearing results after
the flint of the year on the new program.
A21. 114: Approving the revised Advertising Banner Policy which will amend Council Policy #006.
Staff respectfully requests that this item be removed from the agenda at this time; the item was removed
as requested.
A22. 114: Approving minutes of the Anaheim City Council meetings held October 22, 1996, and
November 5, 1996.
Roll Call Vote on Resolution Nos. 96R-192 and 96R-193 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-192 and 96R-193 duly passed and adopted.
Roll Call Vote on Ordinance Nos. 5582 throuah 5584, both inclusive, 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 Nos. 5582 through 5584, both inclusive, duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
9
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES NOVEMBER 19~ 1996
BI.
ITEMS Bt - B5 FROM THE PLANNING COMMISSION MEETING OF OCTOBER 28. 1996:
INFORMATION ONLY -APPEAL PERIOD ENDS NOVEMBER 19, 1996:
179: CONDITIONAL USE PERMIT NO. 3183 AND NEGATIVE DECLARATION:
OWNER: ASPEN PROPERTIES, 2951 East La Palma Avenue, Anaheim, CA 92806
AGENT: MATTHEW MONNIG, 1544 West Lincoln Avenue, Anaheim, CA 92801
I~OCATION; 1501 North Raymond Avenue. Property is approximately 3.52 acres located at the
northwest comer of Orangefair Lane and Raymond Avenue.
To amend a condition of approval to expand the list of previously-approved sales businesses
and office uses to include a wholesale and retail flooring contractor.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved amendment to conditions of approval for CUP NO. 3183 (PC96-113) (5 yes votes, 2
absent).
Negative Declaration previously approved.
B2.
179: WAIVER OF CODE REQUIREMENT - SPECIMEN TREE REMOVAL PERMIT NO. 96-01
AND NEGATIVE DECLARATION:
OWNER: CANYON PLAZA SHOPPING CENTER, P.O. Box 7250, Newport Beach, CA 92663
AGENT: PHILLIP ANTHONY, 14101 La Pat Place #10, Westminster, CA 92683
LOCATION: 5701 - 5791 East Santa Ana Canyon Road (Canyon Plaza ShooDino Center}.
Property is approximately 17 acres located at the northwest comer of Via Cortez and Santa Ana
Canyon Road.
To permit the removal of 26 eucalyptus trees with waiver of permitted type of replacement tree.
ACTION TAKEN BY THE PLANNING COMMISSION:
Specimen Tree Removal Permit No. 96-01 APPROVED (5 yes votes, 2 absent).
Waiver of code requirement APPROVED.
Approved Negative Declaration.
Mayor Daly. He asked if Planning staff was completely comfortable with the new landscape proposal
which would replace 32 eucalyptus trees now on the property.
Joel Fick, Planning Director. They are comfortable and did recommend approval. The number of trees
are a greater number than being removed with a combination of eucalyptus and palm trees being
installed to match the palm trees in the center. He also explained for Council Member Lopez the reason
the trees are being replaced, some of the trees are specimen trees under the Code. As a result,
Planning Commission approval was necessary due to a change in their landscaping plan and because
they are specimen trees. There are requirements for tree replacement and that is what precipitated the
revised plan. There was originally an existing plan approved in the parking lot but more to the point,
some of the trees they are removing were of a size that would, under the Specimen Tree Ordinance,
require Planning Commission approval for them to be removed,
B3.
179: WAIVER OF CODE REQUIREMENT - CONDITIONAL USE PERMIT NO. 38?? AND
NEGATIVE DECLARATION:
OWNER: ANAHEIM HILLS PLAZA, INC., ATTN: BOB COURTNEY, P.O. Box 16700, Encino,
CA 91416
AGENT: ALEX PEREZ, 470 S. Anaheim Hills Rd., Anaheim, CA 92807
LOCATION: 470 South Anaheim Hills Road (Bella Cucina Italian Restaurant). Property is
approximately 7.0 acres located at the northeast comer of Anaheim Hills Road and Nohl Ranch
Road.
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CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES NOVEMBER 19, 1996
TO permit a 2,484 square-foot expansion, outdoor seating, and on-premises sale and
consumption of alcoholic beverages, for an existing 2,400 square-foot restaurant (4,884 square-
foot total) with waiver of permitted number of wall signs.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3877 GRANTED (PC96-114) (5 yes votes, 2 absent).
Approved waiver of code requirement.
Approved Negative Declaration.
B4.
179; WAIVER OF CODE REQUIREMENT - CONDITIONAL USE PERMIT NO. 3874 AND
NEGATIVE DECLARATION:
OWNER: LARRY P. HENRY, TRUSTEE, HENRY FAMILY LIVING TRUST, 329 N. Manchester,
Anaheim, CA 92668
AGENT: PACIFIC BELL MOBILE SERVICES, C/O THE PLANNING CENTER, ATTN:
CARVER CHIU & SUSAN DESANTIS, 1300 Dove Street, Suite 100, Newport Beach, CA 92660
LOCATION: 329 North Manchester Avenue. Property is approximately 0.25 acre located on the
south side of Manchester Avenue, approximately 328 feet west of the centedine of Loare Street.
To permit a telecommunication monopole antenna having an approximate height of 60 feet with
waiver of minimum required setback from a local street.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3874 GRANTED, IN PART, with the condition that the proposed telecommunication
monopole antenna shall be installed outside of the future realignment of Manchester Avenue as
currently on file with the Public Works Department at the time the building permits are issued
(PC96-115) (5 yes votes, 2 absent).
Denied waiver of code requirement on the basis that it was withdrawn by the applicant at the
public hearing, and that the required setback will be provided.
Approved Negative Declaration.
REPORT AND RECOMMENDATION ITEM:
B5.
179: CONDITIONAL USE PERMIT NO. 3691 - REQUEST FOR RETROACTIVE EXTENSION
OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL:
REQUESTED BY: FRANK SOUZA, 14910 Garfield Avenue, Paramount, CA 90723
LOCATION: 1221 North Placentia Avenue.
Petitioner requests a retroactive extension of time, to expire on August 23, 1997, to comply with
conditions of approval for Conditions Use Permit No. 3691 (to permit a 10,000 square-foot
church with waiver of minimum landscaping requirements).
ACTION TAKEN BY THE PLANNING COMMISSION:
Retroactive extension of time for CUP NO. 3691 APPROVED (to expire 8/23/97).
END OF THE PLANNING COMMISSION ITEMS.
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CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES NOVEMBER 19~ 1996
ITEMS lB6 - B7 FROM THE ZONING ADMINISTRATOR MEETING OF NOVEMBER 7. 1996:
DECISION DATE: NOVEMBER 14. 1996
INFORMATION ONLY-APPEAL PERIOD ENDS NOVEMBER 27..1996:
B6.
179: VARIANCE NO. 4298, CATEGORICALLY EXEMPT. CLASS 1:
OWNER: RICHARD B. PEMBER and JEAN H. PEMBER, 1580 W. Chateau Avenue, Anaheim,
CA 92802
[,OCATION: 1580 West Chateau Avenue. Property is approximately 0.15 acre of land on the
south side of Chateau Avenue, approximately 222 feet east of the centedine of Loaro Street.
Waiver of required number and type of parking spaces to retain an existing garage conversion.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4298 (ZA Decision No. 96-33) APPROVED.
B7.
179: VARIANCE NO. 4299. CATEGORICALLY EXEMPT~ CLASS 1:
OWNER: PAVEL BALAS, 1222 Shelli Drive, Anaheim, CA 92804
AGENT: DAVID KOVACS, 14031 Janine Drive, Whittier, CA 90605
LOCATION: 1222 Shelli Drive. Property is approximately 0.15 acre on the east side of Shelli
Drive, approximately 95 feet north of the centeriine of Ravenswood Drive.
Waiver of minimum front yard setback to construct a 1,086 square-foot 2-story addition to an
existing single-family residence.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4299 (ZA Decision No. 96-34 - Approved.)
B8.
179: CEQA EXEMPTION SECTION '15061 (b) (3)
CODE AMENDMENT NO. 96-.17 - TO AMEND THE ANAHEIM MUNICIPAL CODE; City
initiated (Planning Department), 200 S. Anaheim Blvd., Anaheim, CA. 92805, request to consider
Code Amendment No. 96-17 pertaining to Chapter 18.110 of Title 18 (Zoning) of the Anaheim
Municipal Code to correct the boundaries of a paleontological resource area located in the SP94-
1 (Northeast Area Specific Plan) Zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended adoption of the ordinance to the City Council (7 yes votes).
ORDINANCE NO. 5585: Amending Ordinance No. 5517 relating to zoning and Development
Standards for the Northeast Aroa Specific Plan (SP94-1). (Introduced at the meeting of
November 5, 1996, Item B10.)
Mayor Daly offered Ordinance No. 5585 for adoption. Refer to Ordinance Book.
ORDINANCE NO. 5585: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
ORDINANCE NO. 5517 RELATING TO ZONING AND DEVELOPMENT STANDARDS FOR
THE NORTHEAST AREA SPECIFIC PLAN (SP94-1).
Roll Call Vote on Ordinance No. 5585 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. 5585 duly passed and adopted.
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CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES NOVEMBER 19~ 1996
Bg.
179: ORDINANCE NO. 5586: Amending Title 18 to rezone property under Reclassification No.
95-96-05 located at 1925 West Lincoln Avenue from the RM-1200 zone to the RM-3000 zone.
(Lincoln and Muller Streets.) (Introduced at the meeting of November 5, 1996, Item B13.)
Mayor Daly offered Ordinance No. 5586 for adoption. Refer to Ordinance Book.
ORDINANCE NO. 5586: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18
TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 95-96-05 LOCATED AT 1925
WEST LINCOLN AVENUE FROM THE RM-1200 ZONE TO THE RM-3000 ZONE. (LINCOLN
AND MULLER STREETS)
Roll Call Vote on Ordinance No. 5586 for adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
MAYOR/COUNCIL MEMBERS: None
MAYOR/COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 5586 duly passed and adopted.
WELCOME TO BOY SCOUT TROOP 73: Mayor Daly noted that some Boy Scouts and their leader
had entered the Council Chamber-- Troop 73 from St. Boniface Church. On behalf of the Council, he
welcomed them to the meeting.
C1. 114: APPOINTMENTIREAPPOINTMENT TO THE ORANGE COUNTY WATER DISTRICT
BOARD, DISTRICT 9: To consider the appointmentJreappointment to the Orange County Water
District Board, District 9 for the term ending 12/6/2000. Current term expires 12/6/96. This
matter was continued from the meeting of October 1, 1996 (Item C1.) to this date.
Mayor Daly. In years past, he has proposed that this particular seat be filled by a citizen of the
community and he continues to feel that way. The proposed term is a four-year period. In the past when
this appointment has come to the agenda, there have been members of the community interested in
serving. He suggested that they invite interested members of the community to reapply if they are still
interested.
MOTION: Mayor Daly moved that relative to the subject appointment, that they invite members of the
community interested in serving to apply or reapply and that the appointment be advertised. Council
Member Lopez seconded the motion.
Council Member Zemel. He is curious if Council Member Feldhaus is interested in the position. If he is,
he (Zemel) would be prepared to nominate him; Council Member Feldhaus. He would have to have time
to think about the possibility.
Council Member Lopez. He feels the Mayor's motion is a good one. The Council Member position is
supposed to be part time but in reality it is full time and with a Council Member in that position, it takes
time away from that needed to be spent on the Council. It is a good idea to bring someone on board to
fill the position.
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CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES NOVEMBER 19~ 1996
City Clerk Sohl asked for clarification if the matter is to be continued to a date certain or to a time when
she will have a list of candidates; Mayor Daly suggested that the matter be continued to the meeting of
December 10, 1996.
City Clerk Sohl explained for the Mayor that the advertising can be done but it is just a matter of how
many candidates might apply in that time. If the response is not acceptable, the Council could always
continue it.
A vote was then taken on the foregoing motion of continuance. MOTION CARRIED.
Council Member Zemel. He hopes that they are not precluding as an appointee Council Members
elected by the people of Anaheim. It has been a tradition that Council Members support/represent the
people on that Board. He cannot remember a citizen not elected by the people being appointed to the
Board to represent the people of Anaheim. It has traditionally been a Council Member. He wants to be
sure everyone understands that there is still the opportunity available to appoint a Council Member. He
feels there ara issues about representation and voting that they need to think about as well.
Council Member Feldhaus. Assemblyman Pdngle plans to bdng back AB2109 (protection of ground
water supply). If he is successful and the State Attorney's evaluation is that they may be in violation, it
would be for nought if a Council Member was serving.
Council Member Zemel. He agrees but it seems to him they would be more in compliance having an
elected official appointed. Answering Council Member Lopez, he feels it is important that the
communication between staff and the appointee be very close and on a daily basis because in his
Council capacity, he has 'sniffed out' a water rate increase coming and was able to work with staff to
stop it. He would caution that the idea of a City Council Member being overlooked for this appointment
is not a good one. He would also like to have the thought explored of a directly elected member for the
Water Board. He does not know if that would change the whole Water Act. Perhaps they can receive a
report from the City Attorney on that issue.
C2. 112: REPORT ON CLOSED SESSION ACTIONS:
City Attorney Jack White Stated that there are no actions to report,
C3. COUNCIL COMMENTS:
114: NUTCRACKER HOLIDAY FESTIVAL: Mayor Daly. He announced the events that will open the
Nutcracker Holiday Festival, the first major event being the tree dedication ceremony in downtown
Anaheim on Saturday. November 23, 1996. It is a 35' Sequoia which will be the cornerstone of
Anaheim's Annual Tree Lighting Ceremony for years to come. The ceremony and all the events
surrounding it is sponsored by the Nutcracker Holiday Committee. He then gave the details of the day
covedng many activities. He especially thanked the Nutcracker Holiday Committee which is a volunteer
committee co-chaired by Sally Feldhaus and Bob Hemandez. He urged all citizens to attend and asked
the City Manager to make certain that the schedule of activities ara circulated to all interested persons
and citizens of Anaheim.
Council Member Feldhaus. The number to call for specific details 24 hours a day is 999-3456.
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CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES NOVEMBER 19~ 1996
114: SCHOOL DISTRICT OVERCROWDING ISSUE: Mayor Daly. The City Manager has been active
with the Anaheim City Elementary School District and has been meeting with school personnel on the
overcrowding problem in the district. He asked that the City Manager report to the Council on a quarterly
basis to summarize how the cooperative discussions are going and what types of actions are occurring.
The Council has been headng from a number of citizens that while they understand that school
overcrowding is not a direct legal responsibility of City government, it is an important issue in the
community and want to know what progress is being made with regard to the issue. He assumes that
the Council will be comfortable with receiving a quarterly report on the subject.
114: PROCESS OF SELECTING MAYOR PRO TEM: Mayor Daly referred to the current policy on the
appointment of a Mayor Pro Tem. He asked that that policy be placed on the agenda and discussed by
the Council at the next scheduled meeting (12/3/96).
ADJOURNMENT: By general Council consent, the Council Meeting of November 19, 1996 was
adjourned. (6:55 P.M.). The next scheduled Council Meeting is Tuesday, December 3, 1996.
LEONORA N. SOHL
CITY CLERK
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