1996/12/17ANAHEIM, CALIFORNIA COUNCIL MINUTES
DECEMBER 17, 1996
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Shirley McCracken, Tom Tait, Bob Zemel, Lou Lopez, Tom Daly
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
INTERGOVERNMENTAL RELATIONS OFFICER: Kdstine Thalman
REDEVELOPMENT/ECONOMIC DEVELOPMENT MANAGER: Richard Bruckner
CIVIL ENGINEER - DEVELOPMENT SERVICES: Natalie Meeks
PLANNING DIRECTOR: Joel Fick
ZONING DIVISION MANAGER: Greg Hastings
ZONING ADMINISTRATOR: Annika Santalahti
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 1:55 p.m. on
December 13, 1996 at the Civic Center Kiosk, containing all items as shown herein.
Mayor Daly called the meeting to order at 3:10 p.m.
REQUEST FOR CLOSED SESSION:
City Attorney Jack White requested a Closed Session noting first that there were no additions to
Closed Session items.
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
There were no public comments relative to 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: California Compensation Insurance v. City of Anaheim, et al., Orange County
Supedor Court Case No. 76-41-91.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the Government
Code: (one potential case).
By general consent, the Council recessed into Closed Session. (3:12 p.m.)
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER '177 t996
AFTER RECESS:
The Mayor called the meeting to order, all Council Members being present, and welcomed those in
attendance to the Council meeting. ( 5:12 p.m.)
INVOCATION:
Pastor Terry Duen', Pdnce of Peace Lutheran Chumh, gave the invocation.
FLAG SALUTE:
Mayor Pm Tern Lou Lopez led the assembly in the Pledge of Allegiance to the Flag.
119: INTRODUCTION OF DIGNITARY FROM ARMENIA: Mr. Ed Aghjayan, Public Utilities Director
introduced Mr. Areg Galstyan, Republic of Armenia, Director of Science and Technical Department of the
Ministry of Energy who is visiting Anaheim to learn about Anaheim's electric distribution system. Mr.
Galstyan has spent two days with the department looking into issues of restructuring of the electrical
industry and trying to convert to a western style economy.
Mr. Galstyan expressed his appreciation in being present and for the opportunity to see how the Anaheim
Public Utilities Department works. It has been very useful to him and he will take the expertise gained back
with him to his country.
119: INTRODUCTION - CALIFORNIA STATE SILVER GLOVES CHAMPIONSHIP WINNERS: Mr. Ed
Kostiuk, Manager of Anaheim's Boxing Club, introduced Dominic Gonzales, 11 years old, a .student at
Roosevelt Elementary School who won the subject championship in the 95-1b. class, and Raul Pacheco, 15
years old, a student at Anaheim High School who won the championship in the 175-1b. class. He also
introduced two of his coaches, Dennis Gonzalez and ~Rip" who were instrumental in the success of the two
young boxers winning the State-wide Championship.
Mayor Daly and Council Members congratulated Mr. Kostiuk, the coaches, and especialy the two youngsters
on winning the State Silver Gloves Championship.
Mayor Pro Tem Lopez noted that Dominic and Raul will be fighting in the Westem States Regional
Toumament early in January and, if successful, will go on to the Nationals in Kansas City. It is a proud
moment when two youngsters from Anaheim become champions of the entire State.
119: PRESENTATION/DECLARATION -RECOGNIZING COACHES/TEAM PLAYERS -PEEWEE
DIVISION WARRIORS - ANAHEIM POP WARNER FOOTBALL- WINNERS OF THE ORANGE BOWL
TITLE GAME[ The City Council unanimously adopted a Declaration recognizing and congratulating the
managers, coaches and players on their outstanding season and victory in the Anaheim Pop Warner
Football League Orange Bowl. Head Coach, Michael Collins was present to introduce the team members
and coaches, each of whom will receive a Flying 'A" Certificate.
Head Coach, Michael Collins told about the team's season and how they won the championship. He has
been coaching the boys for the last five years and in the last two seasons in a row, the team has gone
undefeated with a 31-0 record. They are very proud to represent the City of Anaheim. He is very proud of
the boys and what they have accomplished. They also raised money for themselves which takes a lot of
hard work. They are very deserving He reiterated, he is very proud of the players and his coaches.
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 1996
Mr. Collins then introduced every member of the team and the coaches. Each were personally greeted and
congratulated by Council Members and Mayor Daly gave each a personalized Flying "A" Certificate
documenting their accomplishment.
119: PRESENTATION - RECOGNIZING GRADUATES OF THE FIRE DEPARTMENT'S COMMUNITY
EMERGENCY RESPONSE TEAM ICERT): Mayor Daly introduced Bob Berg, Emergency Services
Specialist, who coordinates the City's Emergency Preparedness Programs for the Anaheim Fire
Department.
Bob Berg, Emergency Services Specialist, on behalf of Fire Chief, Jeff Bowman, the Fire Department, and
the Office of Emergency Services, stated he is proud to present the 1996 graduating class of the
Community Emergency Response Team. They are Anaheim residents and business owners who have
spent nine months with the department on a weekly and monthly basis leaming how to petter prepare
themselves and their community, and to assist the City in the time of a disaster. He would like to recognize
three special people - Bob and Karen Richardson who have helped in the leadership of the program, and
also Geisla Matthison who will be the Administrative Assistant in helping to introduce the Team this evening.
The thirty members of the program were then recognized and greeted individually by the Mayor and Council
Members and presented with Flying 'A" Certificates by the Mayor who noted this was the largest class thus
far that Mr. Berg has trained. He thanked the participants and will look forward to their expertise in assisting
the City should their services ever be needed.
RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT
ANOTHER TIME:
None
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,785,919.12 for the period ending
December 13, 1996, in accordance with the 1996-97 Budget, were approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority
meetings. (5:48 p.m.)
Mayor Daly reconvened the City Council Meeting ( 5:50 p.m.)
ADDITIONS TO THE AGENDA:
City Manager, James Ruth. A request was received just today from the World Wide Web Casinos which
needs attention but since the Council does not meet again until January 7, 1996, action must be taken
today. This would be an addition to the agenda. The request was to agendize the item in order to get
Council approval to conduct a boxing event in the Celebrity Theater. Un(Jer the present lease agreement,
boxing is not pen~itted and, therefore, requires separate action. His recommendation to the Council for this
one-time event, if amenable, is to give the City Manager the authority to do due dilligence on the
background of the organization promoting the fight to be sure the City is protected and subsequently allow
the boxing event to take place.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 17, 1996
MOTION. Mayor Daly moved to waive the 72-hour posting provision of the Brown Act to add an additional
item, Item A34., to the Council Consent Calendar to be acted upon at this meeting since no Council
Meetings are scheduled to be beld until January 7, 1997. Council Member Lopez seconded the motion.
MOTION CARRIED.
ITEMS OF PUBLIC INTEREST:
Mr. Bob Ball, 1532 W. Laster, Anaheim. Relative to the subject of shopping carts, he is encouraged by the
response he has received from the Council and staff on the subject. He is looking forward to some creative
enforcement solutions from the City Attorney soon. He also asked relative to a recent Los Angeles Times
article if Anaheim was one of the five cities who have protested and are seeking a modification of the law
passed by the Legislature.
Mayor Daly. They have not taken formal action but it is one of the recommendations that is on the table as
a potential action. The City has not joined the coalition at this time. He is also not aware of any formal effort
under way currently by the California League of Cities which consists of 500 cities. As he recalls, the
previous bill which limited cities rights was opposed by the League.
City Manager Ruth. The cities did oppose the bill through the League, but to the best of his knowledge,
there is no organized program by the League opposing the legislation in Sacramento at this time.
Mr. Ball. The information he has is that the California League is against the most recent AB317. The
consensus is that everybody is against the bill except the State Legislature. He also clarified for Council
Member Lopez that he has wdtten several letters to Assemblyman Pdngle and also Morhssey. He also
heard there was going to be a meeting tomorrow with Mr. Pdngle on other subjects and perhaps the
shopping cads. lie asked if the meeting was scheduled and if it is a public meeting.
Mayor Daly. It was proposed but not scheduled; City Manager Ruth. Assemblyman Pringle requested a
meeting for 10 o'clock tomorrow with the City Council. It has not been confirmed. Assemblyman Pringle is
only available tomorrow morning or not until after the first of January. Mr. Pdngle's intent is to be at City
Hall tomorrow if a majority of the Council will meet with him.
City Attorney White. He has seen a memo that recommended the Council adjourn this evening's meeting to
10:00 or 10:30 tomorrow morning to meet with Assemblyman Pdngle which is legally the only way a majority
of the Council could meet. Less than a quorum could meet without it being a Council meeting, but if three
or more members, it would be necessary to adjourn this meeting or schedule another Council meeting and,
if so, it would be a public meeting.
Mr. Ball then explained for Council Member Tait that his particular objection with the State law is the fact
that the law says the City of Anaheim and all other cities have to give the grocers three day's notice that a
cart has been abandoned. In the meantime, the cart cannot be removed by the City. The grocers have
three days to pick up the cart if it stays in the same location. It is perpetuating the blight problem. It is going
to take longer to get the cart off the street than if Anaheim was in control of the situation. He wants the carts
off the street to begin with.
Additional discussion followed wherein Council Member Zemel asked that Kristine Thalman address the
conversation that each of the Council Members had with Assemblyman Pdngle with regard to the events
that took place prior to the bill going to committee.
Kristine Thalman, Intergovernmental Relations Officer. She knows there were several meetings with
Assemblyman Pdngle. The legislation has been opposed by the League. It was brought to their attention by
former Council Member Feldhaus. She does not recall that Mr. Pdngle contacted the City about the
shopping cart bill. Typically a legislator does not call the City to say that a certain bill is coming through a
committee unless they feel it is something that will have significant impact on the City. It is the City's job to
monitor the legislature.
4
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 17~ 1996
Council Member Zemel. Relative to the meeting tomorrow, he asked if it was set to communicate this issue
along with others; Mrs. Thalman. She answered this issue and others. It was Mr. Pdngle's idea to meet, not
on this subject, but this and several subjects.
Mayor Daly. They received a message a few days ago by one of Mr. Pdngle's aides suggesting that he
(Pringle) meet tomorrow because that was the only date. The subject was to be the Orange County Water
District and the potential law suit that will be filed over the one man, one vote issue. He referred that to the
City Manager's Office. Relative to the shopping cart matter, Anaheim has gone on record opposing the bill.
They took a written position and sent it to Mr. Pdngle advising him of that position.
Council Member Lopez. He asked if they got a response from Assemblyman Pdngle's Office regarding the
City's stance on the bill.
Mrs. Thalman. Relative to a response, she believes it was at that point where it went to the Governor's
Office. A copy is always sent to the Anaheim delegation but the letter was directed to Governor Wilson.
Sometimes it takes months. Typically, the Governor does not respond on legislation but a legislator will
respond.
Council Member Lopez stated that no one responded; Mrs. Thalman explained that sometimes it takes
months and she does not recall a letter coming from the Governor. She reiterated, the Governor usually
does not respond directly. They met with Assemblyman Morrissey on the issue and he was not aware the
City had concerns about the bill because a bill changes through the process. It was not of concern until it
got to the last committee and it changed with three day's notice.
(See additional discussion on this matter under Council Comments.)
PUBLIC COMMENTS - AGENDA ITEMS:
Public input was received on Item A19 (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 17, 1996. Council Member Zemel seconded the motion, MOTION
CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Mayor Daly, seconded by
Council Member Zemel, 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-202 through 96R-204, both inclusive, for adoption. Refer to Resolution Book.
Al.
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 John Hoekstra, Jr. for property damage sustained purportedly due to actions
of the City on or about September 20, 1996.
b. Claim submitted by Jim Dourte for property damage sustained purportedly due to actions of the
City on or about August 10, 1996.
ANAHEIM, CALIFORNIA- CITY COUNCIL MINUTES DECEMBER 17, 1996
c. Claim submitted by Stephen J. Stempniak for property damage sustained purportedly due to
actions of the City on or about, 1996.
105: Receiving and filing minutes of the Anaheim Public Library Board meeting held November 6,
1996.
140: Receiving and filing the Anaheim Public Library Monthly Statistical Report for the month of
October, 1996.
105: Receiving and filing a Disclosure of Property Interests in Redevelopment Areas as submitted
by Council Member Shirley A. McCracken.
128: Receiving and filing the Monthly Financial Analysis presented by the Finance Director for four
months ended October 31, 1996.
112: Receiving and filing a Supplemental Law Enforcement Services Funds (SLESF) Report for the
month of November, 1996, as submitted by the City Treasurer.
117: Receiving and filing the Investment Portfolio Report Executive Summary for the month of
November, 1996, as submitted by the City Treasurer.
A3.
175: Awarding a contract to the lowest responsible bidder, A.A. Portanova and Sons, Inc., in the
amount of $366,595 for I-5 Segment "E" Water Main Relocation; and in the event said Iow bidder
fails to comply with the terms of the award, awarding the contract to the second Iow bidder, as well
as waiving any irregularities in the bids of both the Iow and second Iow bidders.
A4.
123: Approving and authorizing the Mayor and City Clerk to execute the Street Lighting Utility
Agreement No. 12-UT-223 for the I-5 Widening Project, Segment B-1 (n/o Haste[' Street to
Broadway).
A5.
123.158: Finding and determining, in accordance with Section 1222 of the City Charter, that the
proposed sale of an abandoned well site is in the best interest of the City; and authorizing the Mayor
and City Clerk to execute the Grant Deed and Right-of-Way Contract for the abandoned well site
located on Acacia Street at the 91 Freeway.
A6.
123: Approving Amendment No. 3 to Cooperative Agreement No. 65-003 with the State
Department of Transportation for a six-month no cost time extension for the Field Operation Test
Project "Advanced Traffic Control System'.
A7.
123: Approving an Agreement with First Amedcan Title Insurance Company for title services as
needed by the Public Works Department.
A8.
123: Approving a Lease Agreement with Enterprise Rent-A-Car to provide vehicles for a commuter
vanpool service.
A9.
160: Accepting the Iow bid of Rightway Construction and Paving Company, in an amount not to
exceed $28,050 for tennis court reconstruction at Olive Hills Tennis Courts, in accordance with Bid
#5608.
Al0. 160: Accepting the bid of Dapper Tire, Inc., in an amount not to exceed $39,020.31 for light bias
truck, passenger and commercial tires and tubes, in accordance with Bid 5591.
160: Accepting the bid of All Seasons Tire, in an amount not to exceed $46,543.70 for farmer and
light truck radial tires, in accordance with Bid #5591.
160: Accepting the bid of Bedin Tire Centers, in an amount not to exceed $43,694 for commercial
radial truck tires, in accordance with Bid #5591~
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 1996
A11. 105: Receiving and filing minutes of the Senior Citizens Commission meeting held August 8, 1996.
A12. 123: Approving the federally-funded FY 1996-97 Community Development Block Grant
Subrecipient Agreement with Anaheim Museum, in the amount of $6,500.
A13. 123: Approving the federally-funded FY 1996-97 Community Development Block Grant (CDBG)
Subrecipient Agreement with Orange County Council on Aging, Inc., in the amount of $20,000.
A14. 114: Approving a new Council representative to the One Stop Advisory Task Force.
City Clerk Sohl. She took the liberty of trailing this item until the subject is discussed under Item C3. It is
deleted from the Consent Calendar and will not be a part of Council's action at this time.
A15.
123: Approving an Amendment to the Agreement with Environmental Systems Research Institute
(ESRI) for consulting services for a City-wide Geographical Informational System pilot project.
A16.
123: Waiving Council Policy 401, and approving a two-year Agreement with David Taussig &
Associates, Inc., for consulting services in conjunction with the City's administrative responsibilities,
tax rate setting and collection for Community Facilities Districts Nos. 1989-1, 1989-2, and 1989-3,
for Fiscal Years 1996/97 and 1997/98, in an amount not to exceed $32,500 per year.
A17. 123: Approving and authorizing an Agreement with the Boys and Girls Club to locate a trailer
facility at Schweitzer Park.
A18.
123: Approving and authorizing an Agreement between Shea Homes and the City of Anaheim to
provide funding, in an amount up to $250,000 for certain improvements to be made at Toyon Park;
and increasing appropriations in expenditure account 216-213-4761-9605 by $250,000 and in
revenue accounts 216-213-4761-1823 by $125,000 and 216-213-4761-5797 by $125,000.
A19. 123: Approving the lease of space by the Anaheim Arts Council at 203 West Harbor Place from
Anaheim Center Associates.
Jeff Kirsch. He notices that rental is SI/month. He asked if they were just occupying the space until a tenant
can be found and then will leave quickly.
Mayor Daly. It is a month-to-month lease and will have no impact on the marketing of the property.
City Manager Ruth. The Arts Council in the past has utilized homes and garages to store material. This
was an effort to consolidate in one location and gives an opportunity to find a permanent location.
A22.
A23.
153: RESOLUTION NO. 96R-202: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING LE'I-I'ERS OF UNDERSTANDING BETWEEN THE ANAHEIM
MUNICIPAL EMPLOYEES ASSOCIATION (GENERAL & CLERICAL UNITS), AND THE CITY OF
ANAHEIM. (HEALTH PLAN RESTRUCTURING.)
153: RESOLUTION NO. 96R-203: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETVVEEN THE ANAHEIM
FIREFIGHTERS ASSOCIATION AND THE CITY OF ANAHEIM. (HEALTH PLAN
RESTRUCTURING.)
152: Authorizing the Human Resources Director to amend agreements for the continued supply of
temporary personnel.
123: Authorizing the Human Resources Director to execute an Agreement with Accountemps, a
division of Robert Half International Inc., for the acquisition for temporary accounting personnel.
7
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 1996
A24. 117: Approving the 1997 Investment Policy as submitted by the City Treasurer.
153: RESOLUTION NO. 96R-204: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADDING THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM AS A PLAN
PROVIDER UNDER THE DEFERRED COMPENSATION PLAN.
160: Accepting the bid of Pauwels Transformer c/o Southcoast Utility Sales, in the amount of
$432,551 for one three-phase power transformer for Yorba Substation, in accordance with Bid
#5589.
123: Approving an Agreement with the State of California, Department of Transportation, in the
amount of $36,953 for reimbursement to the Police Department for traffic control services during
the I-5 Freeway expansion, and authorizing the Chief of Police to execute said Agreement.
Amending the Fiscal Year 1996/1997 budget by increasing revenues and expenditures by $36,953
in Account 101-309-2251.
123: Approving an Agreement with the State of California, Department of Transportation, in the
amount of $5,676 for reimbursement to the Police Department for traffic control services during the
91 Freeway expansion, and authorizing the Chief of Police to execute said Agreement.
Amending the Fiscal Year 1996/1997 budget by increasing revenues and expenditures by $5,676 in
Account 101-309-2251.
A29. 123: Approving Caltrans Utility Agreement No. 12198 to remove and relocate electrical facilities for
the Interstate 5 Widening Project.
A30.
123: Approving Caltrans First Amendment to Utility Agreement 7-UT-8889, dated August 14, 1990
(relocation of electrical utilities at I-5 and Ball Road).
A31. 123: Approving Department of Transportation Agreement No. 12-UT-265 for Segment E Water
Facilities, to relocate, reconstruct and/or abandon facilities for the I-5 Freeway Widening Project.
A32. 123: Approving Caltrans Utilities Agreement No. 12-UT-319 to remove and relocate electrical
facilities for the State Route 91 widening project.
A33. 114: Approving minutes of the Anaheim City Council meeting held December 3, 1996.
A34. 108: Authorizing the City Manager to allow one boxing event at the Celebrity Theater after giving
due dilligence to the promoters, World Wide Web Casinos to be sure the City is protected.
This item (A34) was added to the agenda after a motion to waive the 72-hour posting prevision of the Brown
Act was approved allowing same.
City Manager Ruth. Answering Council Member Tait, he explained he had been contacted over the
weekend saying that the organization (World Wide Web Casinos) would be calling the City but they did not
do so until 4:30 today. They are contemplating a boxing match at the Celebrity Theater subject to approval.
Staff did meet with them a week and a half ago and talked to the interested parties and the Freedman
Foundation Board (owners of the Celebrity Theater). The Foundation has not consummated an agreement
with the boxing promoters as yet. He reiterated his suggestion would be, if the Council approves, this would
be a one4ime opportunity that he would approve subject to doing due dilligence to insure that the City is
fully protected. He clarified it is World Wide Web Casinos and the fight promoter is P.T. Promotions. The
matter has already beeen referred to the Police Department who is doing a background check.
Council Member Tait. He wants to be sure there is no gambling connection; Council Member Zemel asked
when staff met with them did anyone ask that question and why casinos is in the name of the promotion
company.
8
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 1996
Richard Bruckner, Redevelopment/Economic Development Manager. The organization has set up a
separate subsidiary to deal with this event. They represented to him they were trying to consummate a deal
with a TV station to show the fight.
Council Member Zemel asked what is their real business; Mr. Bruckner answered, they claim to facilitate
gambling on the intemet. His understanding is there will be no gambling associated with the proposed event
and that is also what was represented to him.
Council Member Zemel. He feels they should get a recommendation from staff and then have an
opportunity to vote on the matter as they should and not give up their leadership positions. He will be voting
against this and would like to see it 'retracked", have them come back and go through the proper channels.
Mayor Daly. The City Manager's recommendation makes sense. If he finds it is something not in keeping
with the policies of the City, he will not process the application. Since he reports to the Council, he feels the
recommendation is appropriate.
Council Member McCracken. In her background with the Arts Council, she knows the theater has been
vacant and not in use for almost 1 1/2 years. The Foundation, which brings money back to the community
for the arts, is in need of income and this may be one of the events that will assist. She would depend on
the City Manager to assure this event is something the Council can approve.
Council Member Zemel. It is one thing to have a vacant facility and try to collect money from anybody who
comes along to fill it. Since the organization claims to facilitate gambling on the intemet, he feels they
should slow down and go through the proper channels.
Mayor Daly. The event is to involve former Wodd Champion, Cados Palomino and it is because of his
stature in the sports world he feels it is worth trying to accommodate the event which will be subject to
complete scrutiny by the Police Department, City Attomey's Office and City Manager. He agrees with
Council Member McCracken that they need to revive the Celebrity Theater. It is a great theater and they
need to encourage the owner to continue to bdng in a variety of events. He is sure it will be successful.
Roll Call Vote on Resolution Nos. 96R-202 throuqh 96R-204, both inclusive~ 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 Nos. 96R-202 through 96R-204, both inclusive, duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED. (Council Member Zemel Voted No on item A34.)
D1. CONTINUED PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 340 SANTA ANA
CANYON RD. ACCESS POINT STUDY AMENDMENT, RECLASSIFICATION NO. 95-96-04,
VARIANCE NO. 4292 AND NEGATIVE DECLARATION:
OWNER: CITY OF ANAHEIM, REAL PROPERTY DIVISION, Attn: Frank Hardcastle, 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
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 1996
LOCATION: 5481 East Santa Ana Canyon Road. 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.
Petitioner requests an amendment to the Land Use Element of the General Plan (redesignating
subject property 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 Oveday) Zone to the CO (SC) (Commercial Office and
Professional) (Scenic Corridor Oveday) 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 Ana 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 Ana Canyon Road.
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, October 22, 1996, Item D1, and
December 3, 1996, Item D1, to this date.
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 properly - 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. He asked the Planning Director and staff to bring the Council up to date on what is proposed
and their evaluation.
Joel Fick, Planning Director. At the last meeting, plans were submitted by the developer shmtly before the
meeting. Staff and the residents had not had an opportunity to review those. In the interim, they did a staff
analysis of the plans. In addition, Greg Hastings, Zoning Division Manager facilitated a meeting with the
neighbors and the developer. Staff has prepared a report outlining the findings to the City Council (see Staff
Report dated December 11, 1996 to the City Manager/City Council from the Planning Director listing the
issues and how they were resolved.)
Greg Hastings, Zoning Division Manager. On December 5, 1996, staff facilitated a meeting between the
developer and the neighbors. The staff report outlines the issues and it has been distributed to the Council,
developer and interested neighbors. All items discussed were resolved with the exception of drainage. Mr.
Hastings then briefed the report, the issues, and how they were resolved (see five-page report dated
December 11, 1996 listing the nine issues, the conclusion reached, recommended changes to conditions
and new conditions recommended). The issues were -- building height, window placementJtreatment, trees
adjacent to residences, parking, parking lot lighting issues on adjacent residences, hours of operation, dght-
10
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER t7, 1996
of-way improvements, elimination of the westerly approximate 560' from the project proposal and drainage,
Relative to drainage, ~the neighbors want to be guaranteed that construction of this project will not cause
additional drainage problems and they are hoping that the existing problems can be reduced or eliminated
by the City requiring the developer to cure the problems." Amendments are also recommended to conditions
9, 10, 14 and 20 (see page 4 of the report) and four new conditions (see page 4 and 5 of the report).
Mayor Daly. He asked Public Works staff if they are comfortable that the drainage issues have been dealt
with adequately.
Natalie Meeks, Civil Engineer, Public Works. The developer has submitted a topographic map that shows
the existing grades on the entire property including the westerly parcel. He has also given a preliminary
grading plan that will require the construction of some underground drainage facilities but there is a storm
drain available in Maude Lane that can be tied into. It is a workable plan. The developer has not done a
hydrology study or the hydraulics for the system but has given staff enough information to show it is
workable. It will improve the drainage situation and also take care of the drainage on the area he is
developing. The westerly parcel will continue to drain as it does but the project will not worsen that
condition. Staff is comfortable with the drainage plan proposed.
Mayor Daly opened the Public Headng and asked first that the developer summarize the request.
Sam Hanna, Agent. They came to an agreement on all issues discussed and took care of the drainage and
height. Regarding the height, if they had not developed a two-story office building, it could be developed as
a two-story house with the same height. The height issue is because of the different zone type. They also
took care of the landscape issues and the Public Works issues including sidewalks and gutters where they
can do so. He agrees that drainage is a big problem but the project and the proposal will improve it
dramatically as proposed. Regarding the privacy issue with Mrs. Perell, she is happy and they are happy.
The parking issue has also been resolved. The building is very compatible with the area and looks like a
house and not an office building. He will be happy to answer questions.
Mayor Daly asked to hear from anyone else in favor of the project.
Mont B. Dunford, 125 N Maude Lane, Anaheim. He has lived there for 28 years. He has known the Perell
family for that many years. He sees no problem with the development. It would enhance the comer. What
he has seen of the plans, he is pleased with. The only concern he would have is if the property was going to
be developed with intense commercial such as a 7-11 or a drive-through restaurant or liquor store. He
would like to see the project go forward.
Mayor Daly asked to hear from those opposed to the project.
John MacLean, 116 N Lohrum Lane, Anaheim 92807. His property, Rachel Baron's and Rosalind Perell's
adjoin the proposed building site. He is not opposed to the project but is opposed to parts of the plan,
specifically the drainage. He has submitted photos of the existing storn3 drain on the property which is an
easement with the County. Two times he has been told it did not exist by the Engineering Department but in
the meeting with the Planning staff, it was determined it does exist. He does not know why they cannot
drain the 4' X 4' existing drain which would handle 90% of the drainage problems. At the meeting with
Planning, the developer agreed it was there and said he would try to include them in the drainage plan. He
would like to be part of that plan. He clarified for the Mayor that he does not believe the drainage plan is
sufficient. There is a 3" slope to the north and 1/2" slope to the east -- 2 1/2" of the water is going to go
north. His property is 6' below that 2 1/2". That is not acceptable. He does not understand why they can't
tie into the County drain which is on the property.
Rosalind Perell, 119 N. Maude Lane, Anaheim (30 years). As she has emphasized in previous meetings,
(see minutes of 10/1, 10/22, and 12/3/96) this project impacts her to the greatest extent. The developer
has agreed to the opaque windows that do not open. She would like to be sure that is in code so that it can
never be changed. Up until Mr. Hanna started to buy the property, the title has been in question. John and
Rachel Baron, when they had their flooding problems in the early 90's, did not know who to go to. Now
11
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES DECEMBER t77 1996
there is an owner and it is said it is two parcels. She does not know how they can be sure it is two parcels,
but assuming that it is, she questioned why would any owner be willing to sell only one parcel and be left
with a parcel totally and completely unuseable, and if there was additional flooding problems for the
neighbors, why would he take that kind of responsibility - why not sell the entire stdp. There is an office
building at both ends and something in the middle that is still an eyesore. She assumes that the City will not
put in sidewalks. They still have a drainage problem and an eyesore. They should look into the whole
situation. This is nol what they want for the Santa Ana Canyon. There is nothing along Santa Ana Canyon
Road that looks like this.
Summation by Applicant:
Sam Hanna, Agent. He does not have a problem with what Mr. MacLean said. If they go underground to
the 4' X 4' or 'V' drain, he is in agreement with the Engineering Department. If Mr. MacLean wants them to
go to the existing structure, he does not have a problem with that and it will cost him less money. Regarding
Mrs. Perell, any assessor's parcel (map) will show it is two assessor parcels. Whether the owner wants to
sell one or two, that is up to him. He cannot tell him what to sell and what to keep. Lastly, their attorney is
looking into the matter. It is a legal parcel they are buying and they have title insurance. If the project goes,
they will be clear with the title.
Mayor Daly closed the Public Headng.
Joel Fick, Planning Director. Staff has carefully reviewed the project strictly from a design standpoint. It
would have been preferable if it was a one-story building because it is adjacent to nearby one-story
commercial buildings. However, the two-story structure has been designed as closely as possible to coincide
with the residential character of the buildings in the immediate area. Since there are some existing
neighborhood problems and concerns, particularly the drainage and also maintenance of the area, staff's
opinion in meeting with the neighbors and developer is that a one-story project would not be viable from an
economic standpoint and also to take care of the problems. They do believe with the issues that have been
worked out with the neighbors, the project is new a good one.
Mayor Daly. Relative to the drainage, he asked staff if there were any recommendations beyond what was
presented to arrive at the best drainage solution.
Natalie Meeks. The site will require underground drainage facilities and a City public storm drain is
available in Maude Lane. There is a drainage structure on the property. She has seen it. It is not presently
part of the public storm drain system. Therefore, its condition and availability is not known at this time. It
certainly is feasible to design something to try to tie into it or it may be more economical to just tie pipe
directly into the storm drain and abandon that system.
Council Member Lopez. He is pleased that the developer and residents have gotten together. He
appreciates the developer working with the community. He knows there is not 100% agreement but feels
that the project will be a nice looking building.
Mayor Daly. Relative to the westerly parcel, if the project proceeds, he asked if that parcel is large enough
to be developed on its own or would the only alternative be for it to be a part of this development at some
point in the future.
Joel Fick. The parcel is very narrow in width, about 40'. It would be virtually impossible to develop it
without coming back to the Planning Commission and City Council with some type of variance if it is
feasible to develop it at all. It is approximately 560' long.
At the request of the Mayor, Joel Fick bdefed the four conditions to be amended giving the proposed new
wording and also the four new conditions recommended. He also added that, while not a condition, the
developer has voluntarily indicated to staff and the neighbors that he would be cleaning up the in-between
parcel.
12
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 1996
ENVIRONMENTAL IMPACT REPORT - MITIGATED NEGATIVE DECLARATION: On motion by Mayor
Daly, seconded by Council Member Zemel, the City Council does hereby approve a Mitigated Negative
Declaration on the subject project and accompanying Mitigation Monitoring Program pursuant to Section
21081.6 of the Public Resources Code on the basis that the Planning Commission/City Council has
considered the proposal with the Mitigated Negative Declaration and accompanying Monitoring Program,
together with any comments received dudng the public review process and further finding on the basis of
the Initial Study that there is no substantial evidence that the project will have a significant effect on the
environment. MOTION CARRIED.
Mayor Daly offered Resolution No. 96R-205 through 96R-208, both inclusive, for adoption approving
General Plan Amendment No. 340, Exhibit "A", Santa Ana Canyon Road Access Point Study Amendment,
Reclassification No. 95-96-04 and Granting Vadance No. 4292 including all City Planning Commission
conditions and subject to four amended conditions (9, 10, 14 and 20) and four new conditions (21, 22, 23
and 24) as recommended by staff in report dated December 11, 1996.
RESOLUTION NO. 96R-205: A RESOLUTION OF THE CITY COUNCIL OF THE OF ANAHEIM
APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL
PLAN DESIGNATED AS AMENDMENT NO. 340, EXHIBIT
RESOLUTION NO. 96R-206: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 66R-27 APPROVING A REVISION TO EXHIBIT No. 7
OF THE SANTA ANA CANYON ROAD ACCESS POINT STUDY.
RESOLUTION NO. 96R-207: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18
OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES
OF CERTAIN ZONES SHOULD BE CHANGE. RECLASSIFICATION NO. 95-96-04.
RESOLUTION NO. 96R-208: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE 4292.
Before a vote was taken, Joel Fick, Planning Director stated, for the record, staff has recommended the
westedy 560' not be included in G.P.A., Exhibit "A".
Mayor Daly. So it is clear, he confirmed the westerly property is not covered under the G.P.A.; City Attorney
White. That is agreeable to him.
A vote was then taken on the foregoing resolutions.
Roll Call Vote on Resolution Nos. 96R-205 throuqh 96R-208, both inclusive, 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 Nos. 96R-205 through 96R-208, both inclusive, duly passed and adopted.
13
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 1996
ITEM BI FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 25~ 1996:
INFORMATION ONLY - APPEAL PERIOD ENDS DECEMBER 17~ 1996:
BI.
179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3880 AND
NEGATIVE DECLARATION:
OWNER: SERVITE HIGH SCHOOL, Attn: Father Gerald Horan, 1952 West La Palina Avenue,
Anaheim, CA 92801
AGENT: HMC GROUP, Attn: Ed Jones, 9666 Business Park Avenue #110, San Diego, CA 92131
LOCATION: 1952 West La Palina Avenue (Servite Hiqh School). Property is approximately 14.75
acres located on the south side of La Palma Avenue approximately 515 feet west of the center'line
of Onondaga Avenue.
To permit a 2-story 12,000 square-foot classroom addition and remodel of a 38,476 square-foot 2-
story classroom building in conjunction with an existing private educational facility (Servite High
School) with waivers of (a) maximum structural height adjacent to a single-family residential zone
(APPROVED), and (b) minimum number of parking spaces (APPROVED).
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3880 GRANTED (PC96-119) (7 yes votes).
Waiver of code requirements APPROVED.
Approved Negative Declaration.
END OF THE PLANNING COMMISSION ITEMS FROM 11/25/96.
ITEMS B2 - B8 FROM THE PLANNING COMMISSION MEETING OF DECEMBER 9~ 1996:
INFORMATION ONLY -APPEAL PERIOD ENDS DECEMBER 31. 1996:
B2.
179: CONDITIONAL USE PERMIT NO. 1424 AND NEGATIVE DECLARATION:
OWNER: OXFORD RESOURCES CORP., Attn: Ralph Pascucci, 270 South Service Road,
Melville, New York 11747
AGENT: DAVID ALDERMAN, 18500 Von Karman Ave., #150, Irvine, CA 92715
LOCATION: 2221 - 2227 East Katella Avenue. Property is approximately 5.48 acres located north
and west of the northwest comer of Katella Avenue and Howell Avenue to amend the Conditional
Use Permit to permit a second automotive sales dealer'ship with accessory automotive repair.
ACTION TAKEN BY THE PLANNING COMMISSION:
Amendment to CUP NO. 1424 APPROVED with added conditions for five years, to expire 12/9/01
(PC96-122) (7 yes votes).
Approved Negative Declaration.
B3.
179: CONDITIONAL USE PERMIT NO. 3253 AND NEGATIVE DECLARATION:
OWNER: IMPERIAL PROMENADE PARTNERS, 5289 Alton Parkway, Irvine, CA 92604
AGENT: MARIA FOSKARIS, 5645 E. La Palma Avenue, #170, Anaheim, CA 02807
LOCATION: 5645 - 5675 East La Palma Avenue {imperial Promenade). Property is approximately
4.4 acres located north and west of the northwest comer of La Palma Avenue and imperial
Highway,
To amend or delete a condition of approval pertaining to maximum cumulative square-footage for
restaurant uses.
ACTION TAKEN BY THE PLANNING COMMISSION:
Amendment to CUP NO. 3253 APPROVED (PC96-123) (7 yes votes).
Negative Declaration 3reviously approved.
14
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER '17, 1996
B4.
179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3881 AND
NEGATIVE DECLARATION:
OWNER: IMPERIAL PROMENADE PARTNERS, 5289 Alton Parkway, Irvine, CA 92604
AGENT: MARIA FOSKARIS, 5645 East La Palina Avenue, #170, Anaheim, CA 92807
LOCATION: 5645 East La Palina Avenue, #170 IFoscari's Italian Cuisine). Property is
approximately 4.4 acres located no~th and west of the northwest comer of La Palma Avenue and
Imperial Highway.
To permit on-premises sale and consumption of alcoholic beverages and outdoor dining (1,163
square-foot) for an existing restaurant (4,390 square-foot) with waivers of (a) permitted wall signs,
(b) minimum structural setback and (c) minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3881 GRANTED (PC96-124) (7 yes votes).
Waiver of code requirement APPROVED, IN PART, waiver (a) DENIED, and waivers (b) and (c)
APPROVED.
Approved Negative Declaration.
B5.
179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3882 AND
NEGATIVE DECLARATION:
OWNER: ENDOWMENT REALTY INVESTMENT, INC., cio Westmark, 865 South Figueroa Street,
Suite 3500, Los Angeles, CA 90017
AGENT: AEGIS CONSULTING ALLIANCE, 5140 East La Palma Avenue, #201, Anaheim, CA
92807
LOCATION: 5550 East Santa Ana Canyon Road. Property is approximately 10.63 acres located at
the southwest comer of Santa Ana Canyon Road and Impedal Highway.
To permit the conversion of a vacant bank in a commercial retail center to a 5,209 square-foot fast
food restaurant with outdoor seating and mol-mounted equipment with waivers of (a) minimum
number of parking spaces (b) minimum structural setback, (c) maximum number of permitted wall
signs and (d) permitted type of signs.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3882 GRANTED, IN PART (PC96-125) (7 yes votes).
Waiver of code requirement APPROVED, IN PART, waiver (a) APPROVED, waiver (b) DENIED,
and waiver (c) DENIED.
Approved Negative Declaration.
B6.
179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3345 AND
NEGATIVE DECLARATION:
OWNER: PECKHAM FAMILY TRUST, Attn: R. Peckham, P.O. Box 552, Anaheim, CA 92805
AGENT: LOS ANGELES FREIGHTLINER, Attn: John Oviyach, 700 E. Katella Ave., Anaheim, CA
92805
LOCATION: 700 East Katella Avenue {'Los AnGeles Freiqtttliner). Property is approximately 2.06
acres located at the proposed southeast comer of Katella Avenue and future Anaheim Way.
To modify a time limitation and to approve submitted revised exhibits to retain an existing truck
sales/leasing and repair facility with waivers of minimum structural setback adjacent to an artedal
highway and minimum structural setback adjacent to a freeway frontage road.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3345 amendment approved with added conditions for five years to expire 12/9/01 (PC96-
126) (6 yes votes, 1 absent)
Waivers of code requirement APPROVED.
Approved Negative Declaration.
15
ANAHEIM, CALIFORNIA -CITY COUNCIL MINUTES DECEMBER '17, 1996
B7.
179: RECLASSIFICATION NO. 96-97-02 WAIVER OF CODE REQUIREMENT CONDITIONAL
USE PERMIT NO. 3898 AND NEGATIVE DECLARATION:
OWNER: WILLIAM C. TAORMINA, P.O. Box 309, Anaheim, CA 92815
AGENT: PAUL KOTT, 1225 West Lincoln Avenue, Anaheim, CA 92805
LOCATION: 320 North Anaheim Boulevard. Property is approximately 0.74 acre located at the
southeast comer of Anaheim Boulevard and Adele Street.
A City-initiated request to reclassify the subject property from the CG (Commercial, General) Zone
to the CL (Commercial, Limited) Zone; to permit an automotive body and repair facility within two
existing buildings (18,235 square-foot total) with waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 96-97-02 GRANTED (PC96-127) (6 yes votes, 1 absent).
CUP NO. 3898 GRANTED with added conditions (PC96-128).
Waiver of code requirement APPROVED.
Approved Negative Declaration.
REPORT AND RECOMMENDATION ITEMS:
B8.
155: EIR NO. 3t3 (PREVIOUSLY CERTIFIED) FINAL SITE PLAN REVIEW NO. 95-03
{REVISION NO. 1):
JWDA Architects, 430 South Garfield Avenue, Suite 400, Alhambra, CA 91801, request review and
approval of revised final site plans, including site plan, floor plans, elevation plans and landscape
plans to construct a new 4-story, 72-room hotel. Property is located at 505 West Katella Avenue.
ACTION TAKEN BY THE PLANNING COMMISSION:
Final Site Plan Review No. 95-03 (Revision No. 1) APPROVED (7 yes votes).
EIR NO. 313 previously certified.
NOTE: THIS ITEM HAS A 10-DAY APPEAL PERIOD WHICH EXPIRES ON DECEMBER 19,
1996.
Mayor Daly. He wants to confirm the project conforms to all of the planning standards in the Resort Specific
Plan; Joel Fick, Planning Director. It does conform with all standards and is an example of one of the
success storeis of projects that are turning over in the project area already.
END OF THE PLANNING COMMISSION ITEMS.
ITEMS B9 - Bll FROM THE ZONING ADMINISTRATOR MEETING OF DECEMBER 5. 1996:
DECISION DATE: DECEMBER 12. 1996
INFORMATION ONLY -APPEAL PERIOD ENDS DECEMBER 27. 1996:
Bg.
170: TENTATIVE PARCEL MAP NO. 94-107 CATEGORICALLY EXEMPT. CLASS 15:
OWNER: GEORGE BOX, 440 South Mohler Drive, Anaheim, CA 92801
AGENT: LAUGHLIN AND ASSOCIATES, 3949 Lexington Street, Chino, CA 91710
LOCATION: 440 SOUTH MOHLER DRIVE. Property is approximately 1.0g acre having a frontage
of approximately 299 feet on the east side of Mohler Ddve, having a maximum depth of
approximately 211 feet.
To establish a 2-lot single-family subdivision.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Tentative Parcel Map No. 94-107 APPROVED (ZA Decision No. 96-35).
16
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 1996
B10.
179: ADMINISTRATIVE ADJUSTMENT NO. 115:
OWNER: CTXV ORANGETHORPE/DALEY PARTNERS, 4001 MacArthur Boulevard, #100,
Newport Beach, CA 92660
AGENT: MICHELLE LARSEN/ESSEX REALTY MANAGEMENT, 3146 Redhill Avenue, Ste. 150,
Costa Mesa, CA 92626
LOCATION: 1661 NORTH RAYMOND AVENUE. Property is approximately 4.9 acres located at
the southwest comer of Orangethorpe Avenue and Raymond Avenue.
Waiver of minimum number of parking spaces to establish a 7,243 square-foot graduate level
college (373 required; 353 existing).
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 115 APPROVED (ZA Decision No. 96-36).
Bll.
179: ADMINISTRATIVE ADJUSTMENT NO. 117:
OWNER: DIOCESE OF ORANGE, 2811 E. Villa Real, Orange, CA 92687
AGENT: BISSELL ARCHITECTS, ATTN: Glen Gellatley, 446 Old Newport Boulevard, Newport
Beach, CA 92663
LOCATION: 412 NORTH CRESCENT WAY.. Property is approximately 501 acres located at the
east side of Crescent Way and approximately 300 feet north of the centerline of Penhall Way.
Waiver of maximum fence height to construct a 6-foot high wrought iron fence along the front
property line (O-foot high permitted; 6-foot high proposed)
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 117 APPROVED (ZA Decision No. 96-37).
Mayor Daly. He asked if the 6' high fence is just on the Crescent side or also on the freeway; Annika
Santalahti, Zoning Administrator. It is just on the street frontage. She also cladfied for the Mayor that the
rest will have a chain link fence except for the street frontage.
C1.
114: APPOINTMENT-REAPPOINTMENT 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 expired December 6, 1996. The matter was continued from the meetings of October 1,
1996, Item C1, and November 19, 1996, Item C1 to this.
City Clerk, Leonora Sohl. Council requested that she advertise the opportunity to citizens within the
community. One additional application was received yesterday in addition to the five last week.
Mayor Daly. The opportunity to serve was advertised on November 28 and they have received a total of
seven (later corrected to six) total, the most recent being Mr. Conrad's application.
Council Member McCracken nominated Irv Pickler.
Council Member Tait nominated Council Member Zemel for reappointment to the position.
MOTION. On motion by Mayor Daly, seconded by Council Member Lopez, nominations were closed,
MOTION CARRIED.
Mayor Daly. A vote will be taken on the nominees in the order in which they were nominated.
17
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 1996
City Attorney White interjected and reminded the Council of the procedures for appointments. On the
appointments tonight, it takes three affirmative votes and the person receiving the highest number
constituting at least three affirmative votes will be deemed appointed. Abstentions do not count as
affirmative votes.
Council Member Tait. He nominated Council Member Zemel because he feels the appointment should be
an elected representative. Council Member Zemel has served in the past and wishes to continue. This
Board, as opposed to a number, is not advisory. It has independent power and authority and for that reason,
it should be an elected representative and the reason his vote is for Bob Zemel.
Mayor Daly. For most of Anaheim's history, it has been an appointed citizen and not a member of the City
Council although at times in the past it has. He reiterated that for most of the City's history, it has been a
private citizen.
Roll Call Vote - Irv Pickler: Ayes: McCracken, Lopez, Daly - No: Tait Zemel
Roll Call Vote - Council Member, Bob Zemeh Ayes: Tait, Zemel - No: McCracken, Lopez, Daly
Mr. Irv Pickler was thereupon appointed to the Orange County Water District Board, Distdct 9 for a four-year
term expidng December 6, 2000.
C2.
114: COUNCIL REORGANIZATION - MAYOR PRO TEM:
Reorganizing the Anaheim City Council and designating a Mayor Pre Tem.
Mayor Daly, It is the time of the year to select a Mayor Pro Tem to serve for one year. It is an appointment
and although for one year, it is up to the Council to select this position and Council can do so any time in the
future.
Council Member Tait. He nominated Council Member, Bob Zemel for Mayor Pre Tem. He does not think
this should be an item that they vote on but rightfully one of seniority. Council Member Zemel is the most
senior Council Member for the position. The appointment of Mayor Pro Tem last year was between Council
Member Lopez and Zemel, both having the same seniority. Council Member Zemel withdrew his name so
that Council Member Lopez could be Mayor Pro Tem and now that it is Council Member Zemel's turn, it
rightfully should be his.
Mayor Daly asked if there were additonal nominations.
Council Member McCracken nominated Council Member Lopez.
MOTION. On motion by Mayor Daly, seconded by Council Member Tait, nominations were closed.
MOTION CARRIED.
Roll Call Vote - Council Member Zemeh Ayes: Tait, Zemel No: McCracken, Lopez, Daiy
Roll Call Vote - Council Member Lopez: Ayes: McCracken, Lopez, Daly No: Tait, Zemel
Council Member, Lou Lopez was thereupon appointed to serve as Mayor Pro Tern for the coming 12 months
unless other action occurs.
18
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 17, 1996
C3.
114: LIAISON COMMITTEE ASSIGNMENTS:
Reviewing the list of Liaison Committee Assignments and appointing members of the Council to
serve on the committees.
City Clerk Sohl. For Council review, she copied all of the assignments as they exist. A number include
Council Member Feldhaus. If Council wishes to take time in considering these, there is one which staff has
indicated is highest pdodty, the Telecommunications Policy Committee ('I'PC) appointment. If Council
wishes, they could appoint 0nly that one and defer the others. Also at this time, similar to a liaison
committee assignment was Item A14. from today's Consent Calendar. The Community Development
Department is requesting that Council make an appointment to replace Council Member Feldhaus on the
One-Step Advisory Task Force.
Mayor Daly. Regarding the liaison committee assignments, he requests a continuance until the first meeting
in January. He is also going to be recommending they operate with fewer liaison committees to the existing
department but continue to rely on those for special projects which adse from time to time. The TPC is an
example of an ad hoc committee. That liaison will cease once the project is finalized. He suggests that
they handle the TPC separately this evening and see if anyone is interested in taking Council Member
Feldhaus' place but that they hold off on the others until the first meeting in January to think about which
assignments each would like to pursue as well as shrinking the list of liaison committees. One example of a
change they should make is to keep more detailed records and circulate the records as to when the
committees meet and what type of business is discussed. It is a matter of tightening up procedures.
MOTION. Mayor Daly moved that Liaison Committee assignments be continued until the first meeting in
January with the exception of the Telecommunication Policy Committee. Council Member McCracken
seconded the motion. MOTION CARRIED.
Mayor Daly. Relative to the TPC, formedy he and Council Member Feldhaus served as liaison' for about
two years. Staff is in the final stages of negotiations based upon the Memorandum of Understanding '
approved by the City Council a couple of months ago. He does not know when the next meeting is but
believes it is mid January.
City Attorney White. The meeting is shortly after the next regular Council Meeting or approximately January
10, 1996.
Mayor Daly. It is not necessary to have two Council Members on that committee but it would be helpful. It
also includes representatives of the Planning Comission, Library Board, Redevelopment and Public Utilities
Board. He asked if anyone was interested at this time or think about it for the first meeting in January.
It was determined that an appointment to the Telecommunications Policy Committee would also be held
until the first meeting in January. No action was taken on the appointment.
C4.
114: APPOINTMENTS TO REGIONAL AGENCIES:
Reviewing the list of Regional Agency appointments, and appointing or reappointing members of
the Council to serve on the agencies.
City Clerk Sohl. She has made a gdd for the Council showing who has currently been sen/lng and other
information to the extent they apply relative to the regional agencies. One agency which is a pdority - the
Joint Fire Training Facility and Materials Emergency Hazardous Response Authority which meets early in
January.
Council Member Tait stated that he would like to serve.
19
ANAHEIM~ CALIFORNIA- CITY COUNCIL MINUTES DECEMBER 17~ 1996
MOTION. Council Member Zemel moved to appoint Council Member Tom Tait to the Joint Fire Training
Facility and Materials Emergency Hazardous Response Authority. Mayor Daly seconded the motion.
MOTION CARRIED.
Mayor Daly. Regarding the other appointments, the Council might want to consider their time commitments.
He is going to recommend that the appointments be continued to the first meeting in January.
MOTION. Mayor Daly moved that appointements to Regional Agencies be continued to the first meeting in
January, January 7, 1997. Council Member McCracken seconded the motion. MOTION CARRIED.
C5. 112: REPORT ON CLOSED SESSION ACTIONS:
City Attorney Jack White stated that was nothing to report.
C6. 114: COUNCIL COMMENTS:
Council Member McCracken. On the Consent Calendar (Item A6.), the Council approved an agreement
with the Boys and Girls Clup to locate a trailer facility at Schweitzer Park in West Anaheim. It is a
tremendous contribution to the young people of the City that the Boys and Girls Club can expand its
activities. She feels it will be a tremendous asset to West Anaheim.
Council Member Zemel. He spoke to his 'fidng" from the Orange County Water Board for no cause and
being passed over for Mayor Pm Tern because, in his opinion, he was not in lock step with the Mayor.
Somehow, the Council majodty thinks the Mayor Pm Tem's position is representative of the Mayor's
position. He tends to look at the issues and vote his heart and conscience and not how he is told and how
everybody is voting. He was elected to uphold his value system. Firing elected officials without cause and
firing citizens serving on advisory beards for betty political gains has got to stop. It is misguided and
divisive for the Council to be led under this type of policy. He would hope during the next two years, the
Council can somehow get back together and work as a team. He personally is going to commit to the next
two years to try to hold out an 'olive branch". He is going to be supporting the positive projects the Council
majority comes fo[ward with. He believes tonight was an opportunity, if theirs is a score to be settled,
perhaps it is now settled and he hobes the City will go fo[ward because theirs is much work to do.
Mayor Daly. There is a request from Assemblyman Curt Pdngle's Office that the Council meet in Special
Session tomorrow. His suggestion is that they respond it would be better for all parties to do what they
typically have done, meet in groups of 2's or 1 's thus not necessitating a special Council Meeting which they
generally have not done just to converse about legislation. Congressman Cox has a request in for his
annual visit and he specifically requests that they meet in groups of 1 's or 2's so it is not necessary to call a
special meeting and also to avoid awkwardness if any Council Member has something scheduled. With all
due respect to Assemblyman Pringle's Office, he does want to meet with him on a variety of subjects but
accommodate him with less than a Council quorum and work through staff regarding scheduling. Tuesday
afternoons airs excellent times prior to Council Meetings. Council Members are part-time public servants
and have a number of liaison meetings on Tuesdays. It sounds like Mr. Pringle wants to stop by tomorrow
and it would be appropriate if the Council wants to meet one on one or two at a time. He believes it is
cumbersome to schedule a special meeting. He suggests they tr7 to meet with their elected representatives
as they normally do.
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ANAHEIM CALIFORNIA - CiTY COUNCIL MINUTES DECEMBER 1996
Council Member Tait. He disagrees. What's nice about meeting as a Council, they can air out all issues and
it is a public meeting. Meeting with one or two, it is not. If Assemblyman Pdngle is available, they should
meet with him and one of the items to discuss is the urgency of the shopping cart issue.
Mayor Daly. His concern is that Anaheim has five Congressional Districts, four Assembly Districts, and two
State Senate Districts and if they have to come to special meetings every time they meet with their
representatives, it would be difficult to do. Assemblyman Pdngle's request is appropriate but it is difficult to
oblige it. All five Council Members, or at least some, will have to change his or her schedule.
Council Member Zemel. Mr. Ball has asked the Council to get involved and get answers relative to the
shopping cart issue. He recommends that the Council adjourn the meeting and those who can make the
meeting tomorrow can do so. No action is to be taken but just listening and interacting.
Council Member Lopez explained his difficulty in being able to attend the meeting if set for tomorrow
although he would like to be present. He needs at least 1 1/2 to 2 weeks to set his schedule if it is any other
day but a Tuesday.
Council Member McCracken. She originally thought she could clear her schedule. She prefers that all
Council Members be available for the meeting and, if not, that it be scheduled another time.
MOTION. Mayor Daly moved to follow the customary procedure and ask the City's representatives to work
with them in scheduling groups of one or two Council Members to meet with representatives as they
traditionally do. Council Member Lopez seconded the motion. Council Members Tait and Zemel voted No.
MOTION CARRIED.
Mayor Daly. He noted that Nutcracker Holiday Festival activities are still ocourdng downtown and
encouraged everyone to attend. He thanked the Committee for their dedication and the fine work they have
done on this year's Festival,
ADJOURNMENT: By general Council consent, the Council Meeting of December 17, 1996 was adjourned
(8:15 p.m.).
No Council Meetings are scheduled for December 24, 1996 and December 31, 1996.
LEONORA N. SOHL
CITY CLERK
Next meeting,
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