1996/12/03The 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
PUBLIC WORKS DIRECTOR/CITY ENGINEER: Gary Johnson
PLANNING DIRECTOR: Joel Fick
ZONING DIVISION MANAGER: Greg Hastings
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 1:27 p.m. on
November 27, 1996 at the Civic Center Kiosk, containing all items as shown herein.
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.
1. CONFERENCE WITH LABOR RELATIONS:
Agency negotiator:. Dave Hill
Employee organizations: AFA and AMEA
LIABILITY CLAIMS
Claimant: Yong Ho Choi; Mortal Williams, Jr.; Bob Edwards, et al.
Agency claimed against: City of Anaheim
PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Title: City Manager
By general consent, the Council recessed into Closed Session. (3:11 p.m.)
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES DECEMBER 3, 1996
AFTER RECESS: Mayor Daly opened the 5:00 p.m. portion of the Council Meeting of December 3, 1996
and welcomed those in attendance. He noted that between 4:00 and 5:00 P.M., a reception was helri in the
Civic Center lobby for the newly elected Council Members, Shirley McCracken and Tom Tait.
City Clerk, Leonora Sohl announced the results of the November 5, 1996 General Municipal Election
wherein Tom Tait and Shidey McCracken received the highest number of votes and were elected to four-
year terms as Members of the City Council. She recommended the Council adopt the resolution to accept
the results of the November 5, 1996 election.
MOTION. Mayor Daly moved to waive reading in full of the resolution. Council Member Tait seconded the
motion. MOTION CARRIED.
Council Member Zemel offered Resolution No. 96R-194 for adoption.
RESOLUTION NO. 96R-194: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION
HELD ON NOVEMBER 5, 1996 DECLARING THE RESULT AND SUCH OTHER MATTERS AS
PROVIDED BY LAW.
Roll Call Vote on Resolution No. 96R-194 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 96R-194 duly passed and adopted.
Mayor Daly then announced at this time there are a variety of dignitaries who are present to honor departing
Council Member, Frank Feldhaus for his four years of service to the citizens of Anaheim. He will start the
proceedings by presenting a gift to Council Member Feldhaus on behalf of the City Administrative Staff and
City Employees. He also made his personal comments regarding Frank's tenure on the City Council, the
goals set by him when he became a Council Member in 1992, and the things that he helped to accomplish
dudng that time. He concluded by stating that they all owe Frank their gratitude for his very sincere, hard-
working, hands-on approach to his job as an Anaheim Council Member. There is no question that Frank is
and has been a very sincere and dedicated servant to the taxpayers of Anaheim.
The following presentations were then made:
Bill Steiner, Orange County Supervisor. It was a pleasure to be present tonight. He has a 'fond heart' for
Frank Feldhaus who he considers a gentleman and a person with the interest of Anaheim at heart. He is
present tonight to present a Proclamation to recognize the contribution of Frank Feldhaus to the community.
He thereupon read and then presented the Proclamation to Frank recognizing his long-standing service to
the community.
Janet Huston, Executive Director, Orange County League of Cities. She read the title of a Proclamation she
subsequently presented to Council Member Feldhaus. It was a 'Proclamation of the Orange County
Division League of California Cities Commending the Honorable Frank Feldhaus for His Outstanding
Service to the Citizens of Anaheim and the Entire Community of Orange County.' The reason it is on
behalf of the entire community of Orange County is that Frank has served on committees not only at the
County level, but also at the State wide level that have benefitted not only the residents of Anaheim, but
residents throughout the State. He has made a very positive contribution in the short time he has been on
the Council. She again thanked him and wished him the best.
2
CITY OF ANAHEIMt CALIFORNIA - COUNCIL MINUTES DECEMBER 3, 1996
City Clerk, Leonore Sohl presented Frank with a gift of friendship from the City Clerk's Office.
Council Member, Frank Feldhaus then gave his remarks: This past four yearn have been very educational,
challenging and gratifying. He thanked everyone for coming this evening. He had and still has an agenda
to see that Anaheim achieves an Ail-American City Award in all categories. The greatest successes in his
tenure on the Council were the repeal of the Utility User's Tax, a dramatic reduction of graffrli, hiring of an
additional 36 Police Officem, privatization of Anaheim Stadium, the future resort area renovation, the
Convention Center expansion and Disney's planned California Adventure. Further, he cannot imagine any
City with a finer staff to work with from the City Manager and his assistants, the Department Managers and
the many Anaheim employees who execute the programs that make Anaheim the envied City that it is. He
thanked everyone for assisting him.
He then expressed his disappointment and anger in the conduct of the recent election noting that in the 38
yearn he has lived and conducted his business in the City, he had never witnessed or experienced such an
unethical and mean-spirited act taken to try to win an election to a non-partisan Council seat. The late hour
mailings containing lies, distortions of troth, as well as libel and slander are unforgiveal)le. Fortunately, the
candidate and author of those libelous pieces failed in her pumuit and placed well behind Shirley McCrecken
and him in the final vote count.
After additional remarks on the recent election, he stated he has been a competitor all his life and has never
failed to recognize in every contest there will be a winner and a loser. Competition is good and healthy and
usually carries with it a set of moral and ethical roles. He did his best, can hold his head high with honor
and can shake his competitor's hand. With that in mind, he congratuated Tom Tait and Shirley McCrecken
on their successes in the election. He thanked all of his friends, those who believed in him, supported him
and volunteered many houm to assure his re-election. He, along with his wife, Sally, will continue to be
involved in the community and all the many activities they have enjoyed these past years on behalf of the
community. With the concurrence of the voters, in two years, he will return to regain his seat on the Council
so that he can continue his dedication to the City of Anaheim.
Mr. Feldhaus, on behalf of the citizens of Anaheim, then presented a bouquet of flowers to his wife, Sally.
Recess: Mayor Daly called for a 10-minute recess as they prepare for the sweating in of Tom Tait and
Shirley McCracken (5:35 p.m.).
AFTER RECESS:
Mayor Daly called the meeting to order (5:50 p.m.).
PRESENT: Council Members: McCracken, Tait, Zemel, Lopoz, Daly
INVOCATION:
Ms. Mary L. Hibbard, Anaheim United Methodist Church, gave the invocation.
FLAG SALUTE:
Council Member Tom Tait led the assembly in the Pledge of Allegiance to the Flag.
City Clerk Sohl gave the Oath of Office to Tom Tait and Shirley McCracken, both to serve four-year terms
(to 2000) as Members of the City Council of the City of Anaheim, and presented them with certificates of
Election.
Mayor Daly invited both newly elected members to make some remarks before the start of business.
3
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES DECEMBER 3~ '1996
Council Member, Tom Tait. As he stated two years ago when he was appointed to the Council, it is again
an honor to serve the people and taxpayers of Anaheim and he is looking forward to the next four years. He
wants to thank his friends, too numerous to list individually, and particularly wants to thank his family,
especially his wife, Julie. He then introduced members of his family who were present in the Chamber
audience. (His mother and father were present and also a sister who had travelled from Japan as well as
other members of his family.) His four children were also present. He thanked everybody who had a part in
his campaign and reiterated that he looks forward to his service as an elected Council Member for the next
four years.
Council Member, Shirley McCrecken. She also has many people to thank but flint is her husband, Paul,
who was also her Campaign Manager and Richard Farace, her Treasurer. She then introduced members of
her family who were present in the Chamber audience including her mother who travelled from New York to
be present. (Her son and daughter were also present as well as other extended family). She thanked her
many friends and supporters who assisted her in her grass-roots campaign. She acknowledged former City
Council Member, Miriam Kaywood, now no longer the only City Council Woman to be elected in Anaheim.
She also thanked Supervisor Steiner, Council Member Lopez, and former Council Member, Irv Pickler for
their assistance and members of the community who had faith in her. If she tried to acknowledge
everybody, she knows someone would be left out. She is very much a community person and will continue
to wod~ for those issues in the community that are closest to the hearts of the residents and closest to hers
as well, those issues that involve young people, the City's neighborhoods and the kind of positive economic
change that makes ' Anaheim a groat place to live, work and play.'
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,676,082.61 for the period ending
November 25, 1996 and $2,118,370.17 for the period ending December 2, 1996, in accordance with the
1996-97 Budget, were approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Autho~ty
meetings. (5:59 p.m.)
Mayor Daly reconvened the City Council Meeting ( 6:02 p.m.)
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
City Clerk Sohl announced that she is aware there is a large contingent of residents present from the
Rancho LaPaz Mobile Home Park (Rancho LaPaz MHP) who wisl~ to address the Council.
Mayor Daly. He welcomed the large number of residents frorh the park. He understands there is a
spokesperson for the group. For the record, because of the various legal claims filed with the City by a
number of residents of the park, it does restrict any action the City Council is able to take. It is also not a
scheduled agenda item. However, the residents are entitled to address the Council and they are
encouraged to do so. From time to time, City staff will be celled upon to give their input.
4
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES DECEMBER 3t 1996
Walter Pac, 501 E. Orangathoq~e, Rancho LaPaz MHP, Anaheim. He referred to matedal he had submitted
to be distributed to the Council, specifically, Attachment #1 which was a pert of the claims submitted to the
City (see Attachment #1 titled - 'For Your Review of Our Conditions' - made a part of the record). He then
read each of the 14 concerns of the residents resulting from their No. 1 concern, the relocation without
notification of a traffic signal approximately 122' west of the main entrance to the Rancho LaPaz MHP and
then activated (on 8/20/96) without notice to the residents. The major point of contention is that the traffic
signal, which they believe was installed for the beneffi of the new industrial complex across the street from
the park, has created a very dangerous situation not only for the residents, but also for the public at large;
There will be a further devaluation of their mobile homes because of the difficulty in exiting and entering the
park; health and safety issues; the needs of the seniors has not been properly considered by the City. Many
of the residents are suffering from uncalculated stress and mental anguish as a result of what they consider
a poorly planned traffic signal. The Planning Commission did not consider the seniom living at the park, and
consideration was only given to the industrial complex. This issue is of major importance to the residents
but most important is what is going to be done about the situation. The traffic study that was done about a
year ago was out of order and irrelevant because now there is an industrial complex across the street. He
asked if it was possible for the Council or the Traffic Department to meet with the residents and owners to
try to work out an equitable solution. Before concluding, he asked those present from the park to stand.
(There were approximately 80 people present.)
Mayor Daly. He would like staff to comment on the status of the situation. In this case, there is a legitimate
disagreement among professional traffic engineers, which is a part of the issue. He reiterated because of
the legal claims filed with the City, there may be certain limitations on what they are able to do. He asked to
hear from the City Attorney and then the Public Works Director.
City Attorney, Jack White. Over 160 claims have been filed by residents of the park. In accordance with
normal procedure, those claims, after they are filed with the City Clerk's Office, are transferred to the City's
Risk Management Division. The claims are in the process of being reviewed by Risk Management and it is
anticipated a response will be prepared and forwarded to the City Council for Council action some time in
January. With regard to the concerns of the residents and what can be done, he will defer to the Public
Works Director and professional engineering staff. As the Mayor indicated, because of the legal process, it
is not appropriate tonight for the Council to attempt to make some formal response or fashion a remedy but
to receive the comments made and refer them to appropriate staff to review and then to report beck.
Gary Johnson, Public Works Director and City Engineer. Relative to Mr. Pac's comments, he would be
interested in seeing any information submitted tonight especially any information from a professional traffic
engineer that would be different from the study done when the signal was relocated. Staff is anxious and
willing to meet with anyone at Rancho LaPaz - the pad( owner, tenants, to gain a better understanding of
some of the possible solutions.
Walter Pac. He asked if there was a possibility of puffing the light on hold since the industrial complex is not
yet in full operation. If it is disconnected, it will make it easier for residents to get in and out of the park.
Painted signs were placed on the street in front of the park. The next day the City came out and sand
blasted the new markings and decreased the left rum lane going from east to west into the industrial
complex by 50' to give the residents a left-turn lane into the park which they have had for about 40 years.
They are going to strive to do what they can to help themselves and the City.
Betty Beck, Rancho LaPaz MHP. Her fond is brought to her by the Feedback Foundation and the driver is
in daily peril because of the situation. The meals are delivered seven days a week, three meals a day. She
questioned what she will do if they can no longer make deliveries to her.
Mayor Daly. ~taff will be asked to evaluate that matter.
Bill McConahy, 501 E. Orangethoq)e, Rancho LaPaz MHP. There is a left-turn pocket to turn into the
industrial complex that blocks the entrance into the park. He feels something should be done right away
before somebody gets killed.
5
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES DECEMBER 3. 1996
Terry Giardino, Rancho LaPaz MHP. When she comes into the park from weSt to east, she feels she is
taking her life into her hands to enter the park. She would like to have each of the Council Members go out
to see for themselves what the residents are saying tonight. She feels the City did some poor planning and
probably did not consider the seniors as much as they considered the business pad;.
Mayor Daly. He and the Council appreciate the very well prepared summary by Mr. Pac which will receive
complete professional analysis. It is in the hands of professional Staff - legal Staff as well as Traffic
Engineering Staff. A report will be coming back to the Council in 30 days.
City Attomey White. The recommendation conceming the claims will occur some time in January. Any
report conceming the engineering aspects he would refer to Gary Johnson relative to timing. If the Council
desired to have Staff inveStigate or provide other information of a technical nature, he does not believe that
would impact the claims process.
Mayor Daly. He suggeSted that the Public Works Staff summarize all the technical information to date - the
basis for the decision regarding the design of a left-turn access to the park, etc. The Council has received
some paper work in the past and if the staff could update the Council on the key issues that will be helpful.
The issue is not over with and the Council will be dealing with the subject in coming weeks.
Kenneth Fisher, 1415 W. Cerritos, #51, Anaheim. He is again addressing the Council on the issue of
abandoned shopping carts. He thereupon submitted photographs showing abendonnd carts in various
locations in the City, spocifically the carts that are abandoned in the flood control channel near his house.
As he stated at previous meetings, he is concerned with flooding as a direct result of the carts in the
channel. The situation is also a blight on the City. He suggeSted that the City adopt an ordinance that
would work similar to parking tickets and base it on a detriment to public health and safety, a nuisance, for
reasons of flood control, and common theft. It is a serious problem and it is getting worse. He has talked to
his attorney who advised the beSt way of joining Santa Aha is for the City to have its own ordinance.
Mayor Daly. The City Attomey and other members of City staff will be reporting to the Council within the
next couple of weeks with an analysis and suggestions on the subject. He will ask the City Attomey to
evaluate some of the things mentioned, the Santa Ana ordinance, and the blight.
Mr. Fisher asked that he be notified as well; the City Clerk stated she will notify Mr. Fisher.
PUBLIC COMMENTS. AGENDA ITEMS:
Public input was received on Item Al0 (see discussion under that item).
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the
Council meeting of December 3, 1996. Council Member Tait seconded the motion. MOTION
CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Mayor Daly, seconded by
Council Member Tait, 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 No. 96R-195, for adoption. Refer to Resolution Book.
6
Al.
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES DECEMBER 3~ 1996
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 Pauletta Smith for property damage sustained purportedly due to actions of
the City on or about October 7, 1996.
b. Claim submitted by Joe B. Dickerson for property damage sustained purportedly due to actions
of the City on or about October 6,1996.
c. Claim submitted by Jose A. Jimenez for property damage sustained purportedly due to actions of
the City on or about September 30, 1996.
d. Claim submitted by Robert Gillespie c/o Robert B. Reeves, Esq. for bodily injury sustained
purportedly due to actions of the City on or about May 11, 1996.
e. Claim submitted by Yong Ho Choi c/o Stephen Yagman, Esq. for property damage sustained
purportedly due to actions of the City on or about July 13, 1996.
f. Claim submitted by Elizabeth Chang for property damage sustained purportedly due to actions of
the City on or about August 13, 1996.
g. Claim submitted by Larry Stroup for property damage sustained purportedly due to actions of the
City on or about October 15, 1996.
h. Claim submitted by Gary S. Shigemura GM & M Shell for property damage sustained
purportedly due to actions of the City on or about September 16, 1996.
i. Claim submitted by Rosario M. Fdas for bodily injury sustained purportedly due to actions of the
City on or about August 22, 1996.
j. Claim submitted by Elizabeth R. Poutney for property damage sustained purportedly due to
actions of the City on or about October 1, 1996.
k. Claim submitted by Joe McCray for bodily inj'ury sustained purportedly due to actions of the City
on or about June 1, 1996.
I. Claim submitted by Mary C. Murphy for property damage sustained purportedly due to actions of
the City on or about September 8, 1996.
m. Claim submitted by Richard Cable for property damage sustained purportedly due to actions of
the City on or about August 10, 1996.
n. Claim Submitted by Family Homes for property damage sustained purportedly due to actions of
the City on or about August 10, 1996.
O. Claim submitted by Bernice Avina c/o Stewart & O'Kula for bodily injury sustained purportedly
due to actions of the City on or about June 7, 1996.
p. Claim submitted by Edwin O. Holland t~or property damage sustained purportedly due to actions
of the City on or about August 10, 1996.
q. Claim submitted by Geico Insurance, Larry Minton Insured for property damage sustained
purportedly due to actions of the City on or about July 23, 1996.
7
A3.
A4.
A5.
A6.
A7.
AS.
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES DECEMBER 3~ 1996
r. Claim submitted by Morial VVilliams, Jr. for bodily injury sustained purportedly due to actions of
the City on or about March 25, 1996.
s. Claim submitted by All Season Tire center, Inc. for property damage sustained purportedly due
to actions of the City on or about October 8, 1996.
t. Claim submitted by Kristina J. Slinkard for property damage sustained purportedly due to actions
of the City on or about June 29, 1996.
105: Receiving and filing minutes of the Senior Citizens Commission meeting held October 10,
1996.
105: Receiving and filing minutes of the Community Services Board meeting held October I0,
1996.
156: Receiving and filing the Anaheim Police Department Crime Statistical Report for the month of
October, 1996.
114: Receiving and filing a Resolution of the City Council of the City of San Juan Capistreno
requesting the Orange County Board of Supervisors to reject the proposed merger of the Harbors,
Beaches, and Parks District into the Public Works Department.
128: Receiving and filing the Monthly Financial Analysis for three months ended September 30,
1996, as presented by the Finance Director.
169: Awarding a contract to the lowest responsible bidder, C.J. Construction, Inc., in the amount of
$33,089.10 for Landscape and Irrigation Median Island Improvements for Imperial Highway from
Santa Aha Canyon Road to 460 meters south; 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.
169: Awarding a contract to the lowest responsible bidder, R. J. Noble Company, in the amount of
$,?.86,428.13 for La Palma Avenue Street Improvement project from Fairmont Boulevard to
Chrisden Street; 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.
123: Approving the Federal Aid Intermodal Surface Transportation Efficiency Act Agreement No.
12-5055, for the Brookhurst Street (Orange Avenue to Harriet Lane) street and storm drain
improvement project (DBL-5055[038]) Program Supplement No. 090 with California Department of
Transportation.
123: Approving the State-Local Transportation Partnership Program Agreement No. SLTPP-5055
with California Department of Transportation, for the Lakeview Avenue (La Palma Avenue to Santa
Aha Canyon Road) project, Program Supplement No. 016.
156: Accepting a grant award in the amount of $457,551 from the U.S. Department of Justice,
Bureau of Justice Assistance, for the Local Law Enforcement Block Grants Program; and increasing
revenues and expenditures in Account NO. 218-309-2251 by $457,651 and Account No. 101-309-
2251 by $45,76.5.
123: Approving the Acquisition Agreement of real property located at 1779 South Canterbury Circle
PJVV 5180-81 (Katella Avenue Smart Street Improvement Project); authorizing the Mayor and City
Clerk to execute said Agreement; authorizing the acquisition payment of $160,000 to Grover
Escrow; and authorizing relocation payments in accordance with the relocation plan development
for the project and the State Relocation Assistance Act not to exceed $20,000.
8
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES DECEMBER 3~ 1996
Ag.
158: RESOLUTION NO. 96R-195: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING CERTAIN REAL PROPERTIES OR
INTERESTS THEREIN TO THE CITY.
Al0.
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 conferenciog equipment for the City
Council and City Manager's Office. (Continued from the meeting of November 19, 1996, Item A13.)
Jeff Kirsch, 2661 W. Palais, Anaheim. Regarding the proposed expenditure which he addressed at the last
meeting (see minutes of November 19, 1996), he reiterated that the need is insufficiently substantiated.
The now information submitted revealed the only projects the system would cuffently support would be
contractor interface for the Disney expansion and Convention Center improvement. If the Council feels it is
necessary and this item is approved, it should be correctly charged to the proper account instead of the
General Maintenance account. He feels it is a stretch to say that a capital equipment purchase is Facilities
Maintenance. It should be correctly charged to the dollars allocated for the commercial-recreation and
renewal project because that will be the pdmary use. He asked that they either defer the request or
correctly budget the money.
City Manager, James Ruth. With all due respect to Mr. Kirsch, his intention was to pull this item tonight. A
complete analysis by staff was received this morning and he did not feel it was fair to submit that to the
Council today and expect them to vote on it tonight. His intent was to place the item on the agenda for next
week after they had time to reyiew the further analysis which was requested by the Council.
The item was continued one week.
All.
160: Accepting the Iow bid of Orange Coast Petroleum Equipment, Inc., in an amount not to exceed
$22,956 for two 1000-gallon above ground tanks and associated parts at the Maintenance Facility,
in accordance with Bid #5604.
A12.
106: Amending the Fiscal Year 1996/97 budget by increasing the appropriation of revenue and
expenditures in account no. 101-213-4171-8623 by $41,921; and approving the allottment of the
additional $41,921 to certain community services agencies.
A13. 123: Approving an Agreement in the amount of $5,000 with the Nutcracker Holiday Committee for
the cosponsorship of the Nutcracker Holiday on December 6, 7, 8, 14 and 15, 1996.
Council Member, Shirley McCracken. She is in favor of the festivals that are held in the City. Over this
past year, she believes this is the fifth. She would like to see somewhere along the line the establishment of
an overall policy regarding festivals. In some festivals, the City sponsors the recreation and entertainment
portion, in others, City services or cleanup, or Police or Park Rangers, etc. Perhaps it is necessary to look
at the overall package of festivals, include them in the overall City budget and determine how the City is
going to support the activities. She has been very involved in the 4th of July event and the Children's
Festival and others, but is concerned there is no long-range plan for these activities. She would like to look
at the whole festival package over the year to see what kinds of help the City can provide as well as help
they can get from the community and establish guidelines along the way. She clarified for the Mayor that
each time a new festival comes up asking for $5,000, at some point, they need to have a plan for supporting
them. She is supportive of the item on the agenda but is looking for a report back from the City Manager as
to how they are addressing the whole issue.
City Manager, James Ruth. The guidelines staff has followed, each event is evaluated by staff and each
has their own unique needs. The event has to be community based and have City-wide significance. Staff
also works with the various community groups to identify the needs and help where possible to assist them
on those programs.
9
CITY OF ANAHEIM, CALIFORNIA o COUNCIL MINUTES DECEMBER 3, 1996
Mayor Daly asked how long it would take for the City Manager to gather all the existing policies and
procedures regarding festivals and report back to the Council; City Manager Ruth stated that two weeks as
suggested by the Mayor would be sufficient time but if they need more, they will ask.
Mayor Daly. The City Manager will report back with an overview of the existing approach to community
based festivals and events.
A14.
123: Approving Agreements between the City of Anaheim and the Coalition for Children,
Adolescents and parents for an after-school recreation program at Rio Vista and Glenview
Elementary Schools; and approving an Agreement with the Placentia-Yorba Linda School District
for a lunch period recreation program at Rio Vista Elementary School; and Increasing revenue and
expenditure appropriations in Fund 101, Program 4277 by $6,462.38.
A15. 123: Approving the federally funded FY 1996-97 Community Development Block Grant
Subrecipient Agreement with Orange County Fair Housing Council, in the amount of $70,000.
A16.
123: Approving the federally funded FY 1996-97 Community Development Block Grant
Subrecipient Agreement with Young Men's Christian Association of Anaheim, in the amount of
$20,000.
A17. 123: Approving the federally funded FY 1996-97 Community Development Block Grant
Subrecipient Agreement with Feedback Foundation, in the amount of $20,000.
A18. 156: Authorizing the Anaheim Police Department to accept a donation of eight front suspension
shocks for the Community Policing Team's bicycles from Rapid Suspension Technology.
A19.
130: RESOLUTION NO. 96R- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING, FOR THE PURPOSES OF REVIEW, FCC FORM 394 SUBMITTED BY
JONES GROWTH PARTNERS, I1, L.P. RELATING TO A FRANCHISE TRANSFER AND
PRESCRIBING THERETO, CERTAIN RELATED PROCEDURES.
City Manager Ruth. A FAX request was received just prior to the meeting requesting a continuance of this
item. He is prepared to grant that continuance. The principals of the cable TV company would like to meet
with staff one more time to see if an interpretation issue can be resolved.
This item was continued one week.
Roll Call Vote on Resolution No. 96R-195 for adoption;
AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 96Ro195 duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
10
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES DECEMBER 3. 1996
A20. 105: APPOINTMENT TO THE SENIOR CITIZENS COMMISSION: Appointment to the Senior
Citizens Commission to fill the vacancy of Mr. Ernest L. Sullivan (term expires 6/30/97). This item was
continued from the meeting of October 22, 1996 (Item A27.) to this date.
Mayor Daly. The Council has a list of citizens interested in sewing on the Senior Citizens Commission.
There are approximately 10 or 11 submitted over the last few yeare; the City Clerk confirmed for the Mayor
that the individuals were still interested in serving.
Council Member Lopez nominated Jack Sharer.
On motion by Council Member Zemel ~econded by Mayor Daly, nominations were closed. MOTION
CARRIED.
Jack Shafer was thereupon unanimously appointed to the Senior Citizens Commission to fill'the unexpired.
term ending June 30, 1997.
Council Member Lopez stated that he nominated Mr. Shafer since he lives on the extreme west end of the
City which will now give seniom representation throughout the City.
A21. 153: CQNSIDI~RATION OF SALARY ADJUSTMENTS FOR COUNCIL APPOINTEES:
Consideration of salary adjustments fo[ City Council appointees.
MOTION: Mayor Daly moved to delete this item from the agenda at this time. Council Member Lopez
seconded the motion. MOTION CARRIED.
ITEMS B1 -B5 FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 13. 1998:
INFORMATION ONLY - APPEAL PERIOD ENDS DECEMBER 5. 1996:
BI.
179: CONDITIONAL USE PERMIT NO. 3289 AND NEGATIVE DECLARATION:
OWNER: ANAHEIM HILLS ENTERPRISE, 5100 East La Palma, Suite 202, Anaheim, CA 92807
AGENT: IRA COHEN, 10832-C Lemon, Yorba Linda, CA 92886
I~OCATION: 5100 East La Palma Avenue. Suites 104 and 105. Property is approximately 6.3
acres located on the south side of La Palma Avenue, approximately 3,560 feet east of the contedine
of Lakeview Avenue.
To amend pr delete a condition of approval pertaining to time limitation for an existing church.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved amendment to conditions of approval for CUP 3289 (for five years to expire on November
13, 2001) (PC 96-116) (7 yes votes).
Negative Declaration previously approved.
Mayor Daly. The request was to delete a condition of approval pertaining to the time limitation. The
Commission did so but only for five years.
Joel Fick, Planning Director. The Planning Commission appreved the amendment to the C.U.P. for five
years. The Council will recall when it was originally approved, there was a time limitation for churches in
that area and zone. There have been no complaints or no adverse conditions so the Planning Commission
approved the request.
11
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES DECEMBER 3, 199R
B2.
179: CONDITIONAL USE PERMIT NO, 3680 AND NEGATIVE DECL~ARATION:
REQUESTED BY: CITY-INITIATED, 200 S. Anaheim Boulevard, Anaheim, CA 92805
LOCATION: 100 South Canyon Crest Drive Fl'he Eli Home}. Property is approximately 0.22 acre
located at the southeast comer of Santa Aha Canyon Road and Canyon Crest Drive.
Cit.y-initiated public hearing in accordance with Sections 18.03.091 and 18.03.092.060 of the
Anaheim Municipal Cede and pursuant to enforcement actions by the United States Department of
Housing and Urban Development, to add, delete or modify conditions of approval, including, but not
limited to, conditions relating to the limitation on occupancy by children, indoor and outdoor
activities by children and fencing requirements relating to childrsn, in connection with a previously-
approved group home for abused children and their mothers.
ACTION TAKEN BY THE PLANNING COMMISSION:
Meddified conditions of approval for CUP NO. 3680 (PC96-117) (7 yes votes).
Negative Declaration previously approved.
An appeal of the Planning Commission's decision was submitted by Mr. Gene Secrest in letter dated
December 3, 1996 and, therefore, a Public Hearing will be scheduled at a later date.
B3.
179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3879 AN0
NEGATIVE DECLARATION:
OVVNER: THRIFTY OIL #191, 10000 Lakewood Blvd., Downey, CA 90240
AGENT: DAVID ROSE, 10000 Lakewond Blvd., Downey, CA 90240
LOCATION: 2101 ~OUTH HARBOR BOULEVARD Property is approximately 0.49 acre located
at the southwest comer or Orangewood Avenue and Harbor Boulevard.
TO permit a gasoline service station and convenience market with sale of beer and wine for off-
premises consumption with waivers of (a) minimum number of parking spaces (APPROVED, IN
PART) and (b) minimum landscaping required (APPROVED, IN PART).
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3878 GRANTED, IN PART, with added conditions (PC96-118) (7 yes votes).
That within ninety (90) days from the date of this resolution, the developer shall submit to the
Environment and Safety Division of the Public Utilities Department for review and approval, a
complete delineation of the lateral and vertical extent of petroleum hydrocarbon contamination on
the subject property.
That within one hundred eighty (180) days from the date of this resolution, a soil remediation plan
shall be submitted to the Environment and Safety Division of the Public Utilities Department. Within
ninety (90) days of receipt of approval, the developer shall install the approved soil remediation
system.
That there shall be no audio advertisement of beer and/or wine sales in the pump dispensing area.
hat there shall be no on-site tables or seating areas on the premises.
Waiver of code requirement APPROVED, IN PART, waiver (a) APPROVED for 15 parking spaces,
and waiver (b) APPROVED for 14 clustered trees.
Approved Negative Declaration.
An appeal of the Planning Commission's decision was submitted by Van Tarver, Sr. Vice President, Thrifty
Oil in letter dated'November 13, 1996 and, therefore, a Public Hearing was scheduled for December 10,
1996.
12
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES DECEMBER 3, 1996
B4.
179: RECLASSIFICATION NO. 96-97-0t WAIVER OF CODE REQUIREMENT - CONDITIONAL
USE PERMIT NO. 3879 AND NEGATIVE DECLARATION[
OWNER: ROGER M. & HELEN KATHLEEN EMARD, TRUST, 1638 W. Lincoln Ave., Anaheim, CA
92801
AGENT: NERMIN SOLIMAN, 1157 N. Seville PI., Fullerton, CA 92833
LOCATION: 1644 West Lincoln Avenue. Property is approximately 0.98 acre located on. the south
side of Lincoln Avenue, approximately 530 feet west of the centedine of Loaro Street.
City-initiated request to reclassify subject property from the CH (Commercial, Heavy) to the CL
(Commercial, Limited) Zone.
Petitioner requests to permit a 1,760 square-foot automotive sales facility with 18 display vehicles
with waivers of required perking lot landscaping and interior setback adjacent to a residential zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
WITHDRAWNby the applicant.
B5.
179: CONDITIONAL USE PERMIT NO. 3724 - REQUEST FOR SUBSTANTIAL
CONFORMANCE:
REQUESTED BY: Bissel Amhitects, 446 Old Newport Blvd, Newport Beach, CA 92663
LOCATION: Property is located at 412 N. Crescent Way,
Request to permit an approximate 38,000 square-foot chumh facility within the ML Zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined to be in substantial conformance with original approved plans.
END OF THE PLANNING COMMISSION ITEMS.
DI.
134: CONTINUED PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 340 SANTA ANA
CANYON RD. ACCESS POINT STUDY AMENDMENT RECLASSIFICATION NOT 95-96-04
VARIANCE NO. 4292 AND NEGATIVE DECLARATION:
OWNER: CITY OF ANAHEIM, REAL PROPERTY DIVISION, Attn: Frank Hardcostlel 200 S.
Anaheim Blvd., Anaheim, CA 92805
TRANSCORP C/F, Attn: William H. Stanly, 5212 Sierra Vista, Newport Beach, CA 92660
AGENT: SAM HANNA, 2664 Vista Valley, Orange, CA 92667
LOCATION: 5481 East Santa Aha Canyon Road. Property is an irregularly-shaped parcel of land
consisting of approximately 1.1 acres located at the northwest comer of Santa Ana Canyon Road
and Maude Lane.
Petitioner requests an amendment to the Land Use Element of the General Plan (mdesignating
subject pmperfy from the Hillside Low Density Residential designation to the Commercial
Professional designation).
Petitioner requests reclassification of the subject property from the ,RS-A-43,000 (SC
(Residential/Agricultural) (Scenic Corridor Overlay) Zon.e to the CO (SC) (Commercial Office and
Professional) (Scenic Corridor Overlay) Zone.
Petitioner. requests waiver of maximum structural height, minimum landscape setback adjacent to a
residential zone boundary, minimum setback adjacent to a scenic highway, minimum setback
adjacent to a local street and required parking lot landscaping to construct a 2-story, approximately
3,800 square foot office building. Property is an irregularly shaped parcel of land consisting of
approximately 1.1 acres located at the northwest comer of Santa Aha Canyon Road and Maude
Lane, having approximate frontages of 230 feet on the north side of Santa Ana Canyon Road and
120 feet on the west side of Maude Lane and further described as 5481 East Santa Aha Canyon
Road.
13
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES DECEMBER 3, 1996
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended ADOPTION to City Council for General Plan Amendment No. 340 (PC96-75) (6 yes
votes, I absent).
Recommended approval of Santa Ana Canyon Rd. Access Point Study Amendment subject to plan
revision (PC96-76).
Reclassification No. 95-96-04 GRANTED (PC96-77).
Variance No. 4292 GRANTED (PC96-78).
Informational item at the meeting of September 10, 1996, Item B1.
Public hearing continued from the meetings of October 1, 1996, Item D1, and October 22, 1996, Item D1.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News - September 19, 1996
Mailing to property owners within 300 feet - September 19, 1996
Posting of property - September 20, 1996
Publi Hearing Courtesy Notice Mailed November 21, 1996
STAFF INPUT:
See staff report to the Planning Commission dated July 22, 1996.
Mayor Daly asked Planning staff to bring the Council up to date on any recent changes or proposals
regarding the project.
Greg Hastings, Zoning Division Manager. Yesterday afternoon, the applicant submitted revised plans as
shown on the Chamber wall. Staff has had a limited amount of time to review the plans and is not aware if
neighbors have had time to do se. The applicant will not be pumhasing the westedy 560' of frontage along
Santa Ana Canyon Road but indicates he would be working with the property owner to keep it clear. This
would create a 560' wide X 40' deep parcel between the applicant's property and the office property to the
west. Staff would recommend, if action is taken tonight, that this parcel remain in a residential general plan
designation and that the property not be rezoned for office use. The submitted plans further indicated a
number of modifications to the previously submitted plans relative to the trash enclosure, the addition of an
additional parking space, some specifics regarding landscaping and the number and size of trees, a
reduction in building height from 28 1/2 to 27', location of stairways to the second floor, that there will be
access directly to and from the parking lot, specifics relative to floor plans, a rearrangement of windows on
the second floor facing residential and the use of opaque glass in some windows, and that air conditioning
equipment for the 2nd floor is to be placed in the attic.
In concluding, Mr. Hastings stated, in light of the changes proposed, there may be several conditions that
need to be considered. Further, it is somewhat unusual to receive revised plans the day before the City
Council meeting incorporating changes which the residents may find to be either positive or negative. They
have been quickly reviewed so the residents would not be inconvenienced this evening but he believes that
some of the issues outlined may need to be more comprehensively addressed. Representatives from
Public Works are present regarding any issues having to do with grading, drainage, or the traffic which have
been brought up in the past. He clarified for the Mayor that Planning staff did recommend approval of the
project but a lot of concerns have been raised by the neighbers regarding privacy and the adjacent
commercial effects on the residential property. They are hoping the developer is addressing the issues with
the neighbors. He also stated that he assumes the neighbors have not had a chance to review the revised
plans. No one has come to their office unless the developer has met with the residents. Staff would like to
continue to review the plans and be assured the residents have had an opportunity to do that as well.
Mayor Daly. The Council committed to the neighbors that a decision would be made one way or another
tonight because they have had to keep returning to Council Meetings. Changes have been made to the plan
which may be for tbe good but staff is stiff reviewing those. He asked to hear from the Council regarding the
dilemma they are faced with.
14
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES DECEMBER 3~ 1996
Council Member Zemel. He is curious if the residents will let the Council out of their agreement to make a
decision tonigM in light of the fact that the plans may be a better project. He does not know how to go
forward with something staff has not had an opportunity to completely review. He is comfortable trying to
ferret out all the issues but he cannot vote on the matter tonight.
Council Member McCracken. She had seen part of the plan previously and had questions on a few issues
such as perking, that it was going to be a medical office but in the pest week she heard it was going to be a
real estate office, etc. She had concerns with the plan as it was presented.
Mayor Daly. He surmises that there is a hesitanca to vote on the matter this evening because staff has not
completed its review and the Council does not have the benefit of a full analysis. He would like to hear from
representatives of the developer and the neighborhood as well as staff.
City Attomey White. One option is to revive an informal policy the Council has had forapProximately ten
years. Sinc~ there have been substantial changes to the plan that have not been reviewed by the Planning
Commission, the Council may wish to refer this back to the Commission. The only way to do that is to deny
the current project without prejudice to the applicant and allowing the applicant to file a plan with the
Planning Commission, the same plan or any modification, and let the Planning Commission have the
benefit of seeing that plan and subsequently acting on it. The project would then only come back to the
Council if the action of the Planning Commission was further appealed back to the Council.
Council Member Lopez. He feels the Council is not ready to vote on the matter tonight and it should either
be continued or reset.
Mayor Daly asked to hear from the developer relative to the Council's commehts.
Sam Hanna. He was asked to do certain things and he has done them. He has not changed everything.
He has decreased the height, come up with a moro precise landscape plan, etc., He had the same plans as
before. All they asked him was for more details and that is what he has presented.
Council Member Zemel noted that Mr. Hanna had come to his office and showed h!m a set of plans. If they
are the same plans that were submitted to staff yesterday, they are not the same plans he saw because
what staff just outlined relative to modifications are different than the plan Mr. Hanna showed to him.
Sam Hanna. The plans are the same plans. He told Council Member Zemel this is the plan the Planning
Commission approved and this is the one recommended to see what they could do for the residents. They
reduced the number of windows in the beck and shrank the footprint. Instead of 75' long, it is 59', instead of
having a schematic landscape plan, he showed exactly what they are going to have, instead of seven
windows on the beck, there are two. The plans are almost ready to construct. He reiterated, he did exactly
what Planning asked him to do. Before, they had approval on conceptual plans. The people in engineering
wanted a more detailed grading plan. They hired a surveyor and he did that. The plans are not that much
different.
Mayor Daly. He believes the lesson here is that it is difficult to make policy when plans are approved
conceptually by the land use planning body and subsequently come to the Council and modifications have
been made. The Council relies on their Planning staff expertise and bottom-line recommendation. Staff
has had only one day to do this. They need to have a degree of certainty as to how the project will look and
what will occur inside the buildings.
After further discussion between the Mayor and Mr. Hanna, Mr. Hanna asked that the Council agree to
continue the matter one more time. He does not want to go back to the Planning Commission again.
15
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES DECEMBER 3~ 1996
council Member Zemel. He is willing to make a motion to continue the Public Headng another two weeks.
Othenvise, if the project is referred back to the Planning Commission, it will put the neighbors through a lot
more difficulty. He wants the opportunity to look in depth at the revised plans and to make sure all the
concerns of the homeowners are being dealt with. It may not seem fair, but it is necessary in order to do the
job dght.
MOTION: Council Member Zemel moved to continue the subject Public Headng for two weeks. Council
Member McCracken seconded the motion.
Before action was taken, the Mayor invited a spokesperson for the neighborhood to speak to the issue.
John McClean. His property adjoins the subject property. He's not against the project, but is still concemed
relative to the drainage and flooding problems as he explained at previous meetings. He has photographs
and documentation showing that there is a 4' X 4' drain on the property which does not show up on the
drainage report; Council Member Zemel assured him he would again be able to address his ~oncems if the
Public Hearing is continued. In the meantime, it will give staff an opportunity to review the revised plan and
match it up with the concerns addressed.
City Attorney VVhite stated that Mr. McClean could submit his concerns and the material tonight if he wished;
Mr. McClean also confirmed for the Mayor that a continuance was acceptable because it would be better
than a bad plan.
Andre King, 5360 Gerda, Anaheim. At the last meeting, the Council gave Mr. Hanna 30 days, and one day
before the Public Hearing he submits a new set of plans. He would prefer to have the project denied.
Diana King. The parcel Mr. Hanna does not want to purchase is above her home. There is already a
flooding problem. It was stated he would wod( with the developer to maintain that piece of property. She
does not even know who owns the property. It is presently so overgrown it is pushing over her fence. This
process started in August. The residents have been present at all the meetings and have tried to do what
they are supposed to do. They have had to come back a couple of times because of the developer's lack of
consideration for them.
Council Member McCracken. If the Council denies an extension and the project is referred back to the
Planning Commission, the residents will have more than one additional hearing to attend, perhaps a series.
Mayor Daly. If the project is denied, there is nothing to prevent the applicant from resubmitting his plans.
Rosalyn Ferrell, 119 Maude Lane, Anaheim. She reiterated her concerns that the project directly affects
her, especially the lack of privacy as a result of a two-story building in her back yard. Further, the project
goes against everything Santa Aha Canyon Road has stood for. There is no other office complex that is
adjacent to a residential community. She questions why it has to be a two-story building which will
negatively affect property values. She asked if something could be done to make it a one-story building.
Relative to a two-week continuance, she is conCerned if the developer comes back with a plan the day
before that will it be continued again.
Mayor Daly. It is fair to say if that continues, the developer dsks eventual denial.
Rachel Baron, 112 N. Lohrum Ln., Anaheim. She has no objection coming back one more time. Her
continuing concem is that the developer has been asked to correct the drainage. She heard staff say that
he would clear the property. Clearing and correcting are two different things. She would just as soon have
the meeting continued until after the holidays to be sure everyone can attend. Also if the developer submits
something new, the residents would like to receive copies.
Mayor Daly, speaking to staff, stated for the benefit of citizens, there should be some type of process where
they have access to the information that staff has as well as an analysis prior to the next meeting.
16
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES DECEMBER 3, 1996
Joel Fick, Planning Director. Staff would be happy to meet with the residents and whoever they would like
as a contact spokesperson as well as to encourage the applicant to get the drawings into staff or to meet as
quickly as possible to resolve some of the open-ended issues.
Council Member Tait stated he is going to be voting against the continuance because he feels it should go
back to the Planning Commission.
A vote was then taken on the foregoing motion of continuance. Council Member Tait voted no. MOTION
CARRIED.
D2.
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3876 AND NEGATIVE
DECLARATION:
OWNER: COUNTY OF ORANGE (HARBOR, BEACHES AND PARKS), 300 N. Flower, Sar~ta Ana,
CA 92702
AGENT: LOS ANGELES CELLULAR, Attn: Leslie Daigle, 17785 Center Court Drive North,
Cerritos, CA 92701
J. L. HARE ASSOCIATES, Attn: Holly Sandier, 17581 Irvine, Blvd. #200, Irvine, CA 92680
LOCATION: 7600 East La Palma Avenue (Yorba Reoional Park). Property is approximately 113~05
acres located at the southwest comer of Weir Canyon Road and La Palma Avenue.
To permit an approximate 59-foot high telecommunication monopole antenna and accessory
equipment.
ACTION TAKEN BY THE PLANNING COMMISSIQN:
CUP NO. 3875 GRANTED for 10 years (to expire 10/.4/06) (PC96-111).
Approved Negative Declaration.
HEARING SET ON: Review of the Planning Commission's decision requested by Mayor Daly and Council
Member Lopez at the meeting of November 5, 1996, Item B8, and Public Hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News - November 21, 1996
Mailing to property owners within 300 feet - November 19, 1996
Posting of property - November 22, 1996
STAFF INPUT:
See staff report to the Planning Commission dated October 14, 1996
Mayor Daly. His concem was the intrusion.of a 60' high monopole on the regional park. He asked staff if
any alternatives were available and what steps were taken to reduce as much as possible the intrusion of
the pole and what is their evaluation of the compatibility of the pole to the park.
Greg Hastings, Zoning Division Manager. The pole is approximately 520' from La Palma Avenue and 210'
from the river. It would be adjacent to an existing fenced park m~intenance ama designed to match several
60 to 70' high flood lights that currently light the nearby baseball diamonds. It would contain a flood light to
make it look like the rest but would be non-operational. It would be painted a neutral color, contain a 4'
diameter microwave dish and several small antenna arrays. He also explained the additional steps taken to
insure that visibility of the monopole from La Palma and the freeway would be minimal.
17
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES DECEMBER '3~ 1996
Mayor Daly. Generally, he would not support this proposal but he believes staff has taken steps to try to
camouflage the pole as explained by Mr. Hastings. There is a ten-year time limit and.hopefully within that
time, there will be other technology that will preclude the necessity for the pole. He is, therefore, inclined to
support this proposal but wanted to clarify some of the aesthetic issues.
Council Member McCracken. Two yearn ago, they talked about poles across the City. At least this one is
being camouflaged. She asked if they are developing a policy where they demand that they be
camouflaged and located within certain distances of residential areas. She asked if there was an overall
plan regarding these antennas since it seems that every few months another one is being requested in
different parts of the City.
Joel Fick, Planning Director. Staff did work with various cellular companies and held a workshop with the
Planning Commission and the City Council. At that time, they presented their best ideas with what their
forecast was for antennas throughout the City. What they have done by practica at the staff level is insist
that they bo camouflaged and incoq3orated into buildings. The success ratio has been good. He explained
further what had been done. He reiterated they have tried to come up with creative solutions at least to
camouflage the antennas as best they could and in those instances recommend a time limitation as well.
Mayor Daly opened the Public Hearing.
Leslie Daigle, L A Cellular, 17785 Center Court Drive North, Cerritos, CA. They worked closely with staff on
this project and have received the support of staff and the Planning Commission. From the industry
porspoctive, they recognize the need to be pmactive in terms of reducing the aesthetic impact of the sites.
There is a lot being done as an industry recognizing the need to camouflage the installations.
There being no further parsons who wished to speak, Mayor Daly closed the Public Hearing.
Mayor Daly. On the basis it is a ten-year permit and that it appaam to be sufficiently camouflaged, he will
support this project. He also shares, Council Member McCracken's concam that they review the requests as
carefully as possible and in all cases try to hide the poles from sight.
Mayor Daly offered Resolution No. g6R-196 for adoption. Refer to Resolution Book.
RESOLUTION NO. 96R-196 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3875.
Roll Call Vote on Resolution No. 96R-196 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: McCmcken, Tait, Zemel, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 96R-196 duly passed and adopted.
18
CI'T~Y OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES DECEMBER 3~ 1996
C1. 114: COUNCIL POLICY NO. 111 - SELECTION OF MAYOR PR~ TEM: Discussion of Council
Policy No. 111 regarding the process for selecting a Mayor Pro. Tern as requested by Mayor Daly at the
Council Meeting of November 19, 1996.
City Clerk, Leonora Sohl. She has researched this issue and has additional information for the Council to
refresh the Council's memory relative to the process which began in 1989. She has copied vadous portions
of minutes, memos and discussion from the time period 1989-1991. She thereupon submitted the
information to the Council.
Mayor Daly. He asked that this issue be placed on the agenda. He has experienced two different systems
of selecting a Mayor Pre Tem. For most of Anaheim's history, C~)uncil simply makes a decision on wh~ can
best serve. He does not think there is a perfect system for making a decision. His preference is to ha~/e a
system that most cities follow, that the Council Members select a Mayor Pre Tem. It is a judgment call by
the City Council once a year rather than the selection being automatic. He feels it should be a selection by
Council on an annual basis. He asked staff what the procedure would be to change the current policy.
City Attorney White flint ciadfied for the Mayor that since the matter is on the agenda tonight, the Council
could take an action. By motion, the policy could be amended or repealed.
Mayor Daly reiterated his stand on the issue is that for most of Anaheim's history as a City, the selection of
a Mayor Pre Tem has been made by members of the Council on an annual basis and not requiring a
rotation. It is that traditional system he is most comfortable with.
Council Member Tait. There was a system up until 1992 based on a Charter Review Committee
recommendation that it be changed to a rotational system. The past system was not working because it
brought politics into play. It was determined the Council was above that and that it should be based on
seniority. The seniority system works sc well in other areas of the City, he feels the present system should
remain in place.
Council Member Lopez. His feeling is now would be the time to change the system back to the way it was
before. Since the Mayor is now an elected position, the Mayor Pro Tern is there to fill in for the Mayor when
he is unable to attend certain functions. The Mayor Pre Tem should also share the same philosophy as the
Mayor in the representation of the City. He sup.ports the request to change it back to the pdor system.
Council Member Zemel. He was present in the late 1980's when a lot of the 'fights' occurred regarding the
system and which Council parson would be the Mayor Pre Tern. The situation became very volatile. Going
through some of the minutes, the arguments can be disgusting and political and it can really divide the
Council and cause bad feelings over nothing because the Mayor Pro Tem cannot take any action on behalf
of the City with regard to policy. When it was time to designate a new Mayor Pre Tem last year, beth he
and Council Member Lopez were next in seniority and he (Zemel) said he would wait one year and deferred
to Council Member Lopez. What they have occurring now is an example of playing politics. He is
concerned that the Council not become more divisive than in the past. He is going to support the current
policy because it makes rational sense.
Council Member Lobez. When he said the Mayor Pro Tern should project the philosophy of the Mayor, he
pointed to the fact that the Council has been split 3-2 on several major projects. When an individual
representing the Mayor does not support the majority of the Council, an example being the Stadium
renovation project, some of the individuals involved do not feel comfortable with a person representing the
City at that moment having a stance that does not favor the project.
Council Member Zemel. The Mayor Pre Tem represents the City and not the Mayor. He/she is not an
appointment of the Mayor and is not required to vote in line with the Mayor or any particular majority.
19
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES DECEMBER 3, 1996
Mayor Daly. He brought the matter up because he does not think the position should be guaranteed for
anyone but should be earned via a cooperative working relationship with ones colleagues. That is the
system Anaheim has had for most of its career as a City and the system most cities have in place. Perhaps
in the future if there is another Charter Review Commission they can revisit the topic. The appointment of
the Charter Review Commission itself wes highly political and there were dive~gent opinions at the time. He
asked what the process would be to amend the current policy to retum to the previous policy.
City Attorney White. The Charter provides that the Council shall annually select the Mayor Pm Tem. If
there is no policy at all, it would accomplish what the Mayor suggested, selecting the Mayor Pro Tem on an
annual basis.
MOTION. Mayor Daly moved to delete the current policy and at some future date if there is a need to
reinstute it, that it can be done.
City Attorney White. The motion would be to rescind Council Policy 111.
Mayor Daly clarified that his motion is to rescind Council Policy No. 111. Council Member Lopez seconded
the motion.
Before a vote was taken, Council Member Tait, in response to Council Member Lopez who stated there was
a split Council (3-2) on major projects, he can think of only the Stadium Project. He does not like to think
this is a split Council and he does not characterize it as split. He feels the seniority system works. When he
was first appointed to the Council, Council Member Feldhaus was the next senior member of the Council
and he did a fine job as Mayor Pre Tem. The next year it was between Council Member Lopez and Zemel
having the same seniority. The policy in that case was to draw lots but Council Member Zemel graciously
nominated Council Member Lopez. Now when it is Council Member Zemel's time, the discussion is to
change the policy and he does not think it is right to break the seniority system at this point.
A vote was then taken on the foregoing motion to rescind Council Policy No. 111 which 'requires the rotation
of the Mayor Pro Tem on an annual basis, the intent being to return to the traditional policy of an annual
decision. AYES: McCracken, Lopez, Daly - NO: Tait, Zemel.
Council Policy No. 111 was thereupon rescinded.
C2. REPORT ON CLOSED SESSION ACTIONS:
City Attorney Jack VVhite Stated that there are no actions to report.
20
CITY 0F ANAHEIM, CALIFORNIA - COUNCIL MINUTES DECEMBER 3~ 1996
C3, COUNC MM TS:
114: BOARD AND COMMISSION APPOINTMENTS: Council Member McCrecken referred to the
appointment made today to the Senior Citizens Commission. She had a list of names but only talked to one
individual on the list. She would hope that they could come up with some opportunity to talk to the
candidates face to face. She knows the Council is busy and the City has a number of Boards and
Commissions. Some cities do have a pmcass. Anaheim at least has an application process. She believes
it would be nice to be able to meet the people who are interested in being appointed. She was fmstrstod
because she did not know the individuals. All they see is a written application. She would like to come up
with a process that gives the Council some opportunity to inten~ace with candidates.
City Clerk Sohl. The Clerk's Office is working on a wd~ten guideline and policy for Boards and Commissions
which covers somening and applications and various other topics. The City Attorney and other Department
Heads have been involved. The guidelines will be presented to the Council for their reaction and could
include some ideas for the opportunity to become more familiar with the candidates.
114: STREET BEAUTIFICATION: Mayor Daly. There was a call a few months ago for a staff report on
street beautification, aka streetscape. He knows a workshop will be coming soon and would like to know
when that is going to be scheduled.
Assistant City Manager, Dave Morgan stated that he believes the workshop is going to be schedula:l within
the next three or four meetings.
Mayor Daly. He would like to have the staff repo.rt and workshop as soon .as possible. The sooner the
matter can be discussed in an informal workshop setting, the sooner they can move fo~vard on the subject
of beautifying some of the major streets in Anaheim.
114: RETREAT WORKSHOP: Mayor Daly. He assumes a staff report will be forthcoming that will set the
date and time for the retreat type workshop to be held in January.
Assistant City Manager Morgan. The date proposed was January 11, 1997; however, the City Attomey is
indicating January 25. He will confirm the date and advise the Council.
114: COUNCIL MEETING SCHEDULE - t997: City Clerk Sohl stated she has received many requests
for next year's Council Meeting Schedule. She has submitted to the Council a draft schedule and is
requesting that Council Members individually review the 1997 calendar.
Mayor Daly. He recommended that the Council commit to responding to the City Clerk giving their thoughts
relative to the proposed 1997 schedule.
ADJOURNMENT: By general Council consent, the City Council Meeting of December 3, 1996 was
adjoumed (7:50 P.M.).
LEONORA N. SOHL
CITY CLERK
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