1996/06/04ANAHEIM CALIFORNIA - COUNCIL MINUTES
JUNE 4, 1996
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Tom Tait, Bob Zemel, Frank Feldhaus, Lou Lopez, Tom Daly
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY A'I-rORNEY: Jack White
CITY CLERK: Leonora N. Sohl
CITY TREASURER: Charlene Chun
HUMAN RESOURCES DIRECTOR: Dave Hill
DIRECTOR DEPT. OF COMMUNITY SERVICES: Chris Jarvi
GENERAL MANAGER STADIUM/CONVENTION CENTER: Greg Smith
ZONING DIVISION MANAGER: Grog Hastings
PLANNING DIRECTOR: Joel Fick
CIVIL ENGINEER-DEVELOPMENT SERVICES: Natalie Meeks
DEPUTY CITY MANAGER/DIRECTOR OF MAINT.: Tom Wood
FIRE MARSHAL: Gary Wilder
DEPUTY FIRE MARSHAL: Julie Kunze
CODE ENFORCEMENT MANAGER: John Poole
ENVIRONMENTAL SERVICES MANAGER: John Hills
A complete copy of the agenda for the regular meeting of the Anaheim City Council was posted at 11:50
a.m. on May 31, 1996 at the Civic Center kiosk containing all items as shown herein.
Mayor Daly called the regular meeting of June 4, 1996 to order (3:00 P.M.). The first portion of the
meeting will be a continuation of the Public Hearing on the 1996/97 Fiscal Year Budget. (See minutes of
the Special Meeting of June 4, 1996 which started at 2:00 P.M.)
106: PUBLIC HEARING - CITY BUDGET: To consider the proposed 1996/97 Budget Plan.
FISCAL YEAR 199611997 DEPARTMENTAL BUDGET WORKSHOP (Continuation]:
The following Department Heads gave an overview of their department's proposed budget, some
explaining their plans and their objectives for the coming year and accomplishments in the past fiscal
year. Questions were also posed by Council Members at the conclusion of some of the presentations
which were answered by the Department Head or apprepdate staff: (Most of the presentations were
supplemented by slides,)
Charlene Jung, City Treasurer - City Treasure(s Office - Budget Document pages 38-39.
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES JUNE 4, '1996
Dave Hill, Human Resources Director - Human Resources Department - Budget Document pages 56-57.
At the conclusion of his presentation, Council Member Lopez, referring to the audit proposed for City
medical and dental plans, emphasized his concern that such plans deliver quality care; Council Member
Zemel expressed his concem relative to the costs involved and stated he does not believe it is necessary
to get the highest and best plan.
Mr. Hill gave a further explanation of what the audit entails which is done every two years and also
explained that HRD staff and the City's Health Council have gone through an extensive process over the
past year and will be proposing a replacement plan for the current City plan keeping cost and quality
foremost in mind. Recommendations will be coming to the Council in a few weeks.
Chds Jarvi, Director - Community Services Department - Parks, Recreation, Human Services,
Neighborhood Services, Golf and Library Services - Budget Document pages 44-49. Before concluding,
he stated the department will be recommending that the Anaheim Senior Day Care Center be eliminated
due to Iow attendance and high cost. Issues facing the community - decline of neighborhoods, lack of
pre-teen and junior high programs, the ever growing senior population, deteriorating park infrastructure,
and perceived crime in parks.
Council Member Lopez expressed his concem as did Council Member Feldhaus last year about the
appearance of City parks, specifically that they are not green enough; Council Member Feldhaus stated
he believes they need to prioritize and budget monies for part-time park attendants for after hour school
activities and supervised play in the parks as well as addressing ongoing costs for the proposed
downtown Community Center. Discussion ensued on beth issues.
Greg Smith, General Manager, Stadium-Convention Center - Budget Document pages 76-79. Last April
in an effort to streamline City government, the City Manager decided to consolidate the Stadium-Arena
Department with the Convention Center. The City Council approved that action with the adoption of the
Fiscal Year 1995-96 budget. He is pleased to report that the first year of operation of the consolidated
departments is a resounding success. After giving his extensive presentation, Mr. Smith stated in
summary, the current Fiscal Year 1995/96 will be remembered as one of the most successful operational
years for the department. They have met financial goals and far exceeded them. No longer will the
General Fund have to subsidize the Convention Center. Effective October 1, 1996, all revenues and all
expenses related to the Stadium with the exception of debt service will be the responsibility of the
Califomia Agnels under their new ownership, Disney Sports Enteq~rises.
Following Mr. Smith's presentation, Council Member Zemel posed an extensive line of questioning
relative to the Stadium, i.e., what will happen after September 30, 1996, what the ongoing expenses will
be, how those expanses will be covered, how the contribution to the arena will be paid when it comes
due in 1997, etc. Answers were provided by Mr. Smith, Bill Sweeney and City Manager Ruth.
Charles Ahlers, President, Anaheim/Orange County Visitor and Convention Bureau. (See V&CB Budget,
page 78 of the Budget Document which is included with the Stadium and Convention Center Budget).
Mr. Ahlers flint gave an overview of the operating plan and budget for the V&CB for Fiscal Year 1996/97.
He also gave a recap of the 1995 visitor industry experience noting that convention attendance was 12%
greater than their estimate and that bookings, mom rentals, the number of visitors to Orange County and
visitor spending has also increased. He also gave budget comparisons (1995-96 - 1996-97), elaborated
on Bureau programs, the work program for tourism, convention sales division program, the
communications department and membership department. Things are going well and they anticipate a
great year next year.
Mayor Daly. This is the opportunity for public input on the budget. There will also be another opportunity
next week.
2
CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JUNE 1996
City Manager Ruth interjected and asked to clarify some questions/points made earlier relative to the
Stadium. In the proformas prepared on the Stadium transfer in the Stadium agreement, staff did indicate
there was a $1.2 million payment for the bonds which drops down to $400,000 plus a year in 2001 and
also factored in the possessory interest tax. The one area that was difficult to assess was the indirect
costs always with the intent to drive those costs down and eliminate positions not necessary to support
the Stadium any further. He wants to make sure it is clear that was not new information but information
given throughout the process and part of the consideration in terms of staffs recommendation for the
Council.
Mayor Daly opened the public input portion of the Public Hearing. The following people spoke to certain
issues and their comments are summarized:
Mary Ann Fuger. She referred to the letter previously wdtten to the Council. She urged continued
funding of the Anaheim Senior Day Care Center and elaborated on the reasons why this program is so
vital to the City and citizens of Anaheim,
Jim Schumacher. He is supportive of retaining the Senior Day Care Center program. Relative to
Pearson Park, he is concerned that the theater and pool are not being used to their optimum. The
theater is scheduled for only children's programs this year and he would like to see adult programs
scheduled as well. The swimming pool should be open in hot weather. Another area of a personal
concern to him is the fact that he has been on the waiting list with the Anaheim Housing Authority for
Section 8 housing assistance for several years. He then explained his personal (health) problems. He
feels that the Anaheim Housing Authority has not given him adequate assistance in finding affordable
housing. He asked that they look into the waiting list of the Anaheim Housing Authority.
George McClaren, 323 S. Indiana, Anaheim. He is Chairman of the Senior Citizens Commission and at
its Apdl meeting, the Commission strongly opposed the closing of the Senior Day Care Center.
Members of the Commission have volunteered to work at the center. Improving the marketing of the
program might be a way to get more participants. There are 15 participants at the center in Buena Park.
Patricla Hobart (also see minutes of 4/23/96 where Ms. Hobart spoke on the issue). She urged the
Council to fund the Senior Day Care Center which is a positive not only for the participants, but also care
givers affording them the opportunity to conduct other necessary family business.
Shirley McCrecken, President, Anaheim Arts Council. The issue of the Pearson Park Theater is a major
concern. She feels it is a policy decision rather than budget issue. It has always been a one-year budget
and it is very difficult to schedule any events within that short time frame. As an example, the Pacific
Symphony books their dates 18 months in advance. It is a policy decision that has to be considered by
the Council apart from the budget. She feels the theater could ultimately support itself.
Rose Miller. She asked that the Council reconsider its priorities. It is essential to keep the Senior Day
Care Center going.
Council Member Feldhaus suggested that they revisit the recommendation relative to elimination of the
Senior Day Care Center program; Council Member Lopez concurred.
City Manager Ruth. There are only four participants left in the program. Staff has attempted to work with
the participants to transition them into the private sector. They are now down to the final four and staff is
continuing to work on those to find appropriate private services.
3
CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JUNE '1996
Mayor Daly. He is asking the City Manager to report back to the Council next Tuesday with additional
background information on the Senior Day Care Center program.
The Public Headng on the budget was continued to Tuesday, June 11, 1996 when the balance of
Department Budgets will be presented and public input received.
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 LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (a) - EXISTING LITIGATION
Name of case: Delmonico, et al., vs. City of Anaheim, et al., and 17 related cases, Orange
County Superior Court Case No. 71-80-71.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (a) - EXISTING LITIGATION
Name of case: People of the State California acting by and through Department of
Transportation vs. Berger, et al., Orange County Superior Court Case No. 76-32-36.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (a) - EXISTING,LITIGATION
Name of case: Barajas et al., vs. City of Anaheim, Orange County Supedor Court Case No. 75-
09-60.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Proparty: Amowhead pond, 2695 E. Katella
Negotiating parties: Ogden Facility Management Corp. of Anaheim, and City of Anaheim.
CONFERENCE WITH LABOR NEGOTIATOR
Agency negotiator:. Dave Hill
Employee organization: Anaheim Fire Association and Anaheim Municipal Employees
Association. Update on APA, IBEW, AFA and AMEA.
CONFERENCE WITH LEGAL COUNCIL ON PENDING LITIGATION:
One potential case.
4
CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JUNE 1996
RECESS:
Mayor Daly moved to recess into Closed Session. Council Member Zemel seconded the motion.
MOTION CARRIED. (5:10)
AFTER RECESS:
The mayor celled the meeting to order, all Council Members being present, and welcomed those
in attendance to the Council meeting. (6:43 p.m.)
INVOCATION:
Moment of Silence.
FLAG SALUTE:
Council Member Lou Lopez led the assembly in the Pledge of Allegiance to the Flag.
119: PRESENTATION - GOVERNMENT FINANCE OFFICERS ASSOCIATION AWARD FOR
EXCELLENCE IN FINANCIAL REPORTING: Mayor Dsty presented the subject award to Ed Zacheri,
Assistant Finance Director, noting that the award is given to governmental agencies who achieve the
highest standards in Government financing and financial reporting. Anaheim has received the award for
quite a few years in a row.
Ed Zached, Assistant Finance Director explained the criteria for receiving the award. This is the 20th
consecutive year it has been received. He thanked members of the Finance Department staff and those
present came forward.
Mayor Daly and Council Members commended the Finance Department once again on their excellent
won~. He knows that Bill Sweeney, the Finance Director, is very proud of the award as well.
Presentation of the two Anaheim Sister Cities Association 1996 Scholarship recipients will
rescheduled for a later date since the two recipients were present but had to leave.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by
the City Council and presented to Patrick Hynes, Director of Public Relations, Anaheim Hilton and
Towers recognizing the Hilton for their support of the 'Kids for Parks' program.
Mr. Hynes was most appreciative of the recognition and thanked the City for the opportunity to be a part
of the 'Kids for Parks' program. It is the most rewarding and fulfilling thing they do in the community.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,054,309.75 for the period ending May
28, 1996 and $2,670,635.91 for the period ending June 3, 1996, in accordance with the 1995-96 Budget,
were approved.
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 4, t996
Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing
Authority meetings. (6:51 p.m.)
ADDITIONS TO THE AGENDA: There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST: Joan Hester, Sherwood Apartments, 2127 W. Ball Road, f~C, Anaheim.
(Also see minutes of March 26, 1996 when Ms. Hester previously addressed this problem/concem). She
referred to and reed letter dated May 28, 1996 from Mary Patricia Wilson, 525 N. Gilbert, Sp. 137,
Anaheim (previously submitted) wherein she reported that approximately four years ago, she discovered
that the Utilities Department was incon'ectly billing the tenants living on the 2100 block of Juno Avenue
for trash pickup by Anaheim Disposal. The ten units in her complex on Juno shared the same trash bin
with the ten units directly across the alley but facing Ball Road; however, the Juno tenants were being
billed $36 bi-monthly and the tenants on Ball Road, $23 bi-monthly. The letter went on to explain the
actions she took trying to correct the situation with the Utilities Department. Ms. Hester then reported on
her contacts with the City since the last time she was present. She received a letter from a staff member
which was nut satisfactory and she explained why. The problem has still not been resolved. They are all
senior citizens on fixed incomes and their utility bills are less than their trash bills. They are not receiving
the two trash pickups they ara supposed to and ara paying more. She is also requesting that the City
separate the utility bill from the trash bill.
Mayor Daly. He will ask the City Manager to evaluate the problem again and to keep working on the
matter until there is a solution that makes sense to beth sides.
Steve Delgadillo. He is a former resident of the City and also worked in the City Manager's Office (with
Steve Swaim) in the Gang-Drug project. The reason he is present is the result of an incident that
happened in Anaheim Hills. In January, he was in a ceremony collecting sage that was growing wild and
which is indigenous to the area. He is also part of a spiritual run which is on its way to Orange County
from Alaska. As he was collecting sage with a friend, in returning to his car, a Police Officer (and a dale-
along) were pulling contents out of and searching his car which had been locked. He knows that is not
procedure but believes it is a violation of his dghts. He wanted to work with Chief Gaston and wrote a
letter to him which was answered by Lieutenant Walsh. An investigation was done. He (Delgadillo)
questions if the City has carte blanche with regard to Police Department procedures. He wants to stress
that the importance of building trust between the community and the Police is great, A report has been
done by the Thomas Evere Center that although the Mexicano-Latino population favors stricter laws,
there is a deep distrust of the Police and need for dialogue and a working relationship with the
community. Cultural sensitivity is a way to move toward that balance. He has spoken with Council
Member Lopez about the matter. He (Delgadillo) encourages a working relationship with the Police not
only for Latinos, but for all people, He is present to prevent a chasm and to avoid litigation and help
bring awareness to the Department and Council. Perhaps some of the budget items may allow for
training for Police Officers. He would like the Council to consider that and would like to help furnish the
City with those who have worked with institutions to bring forward this training.
Mr. Delgadillo then clarified for the Mayor that he had been communicating with the Police Department
and did receive a response. He was basically told the officers were within their legal rights to unlock the
car and look for the registration. The contents he had in his vehicle was sage tobacco. They pray with it
as incense and offer it back to the earth and use it as gifts and in ceremony. He asked for a response as
to the Council's decision to go forward with his recommendation.
6
CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JUNE 1996
Mayor Daly. It appears Mr. Delgadillo has been corresponding with administrative staff. The Council
does not have the legal authority this evening to accommodate the request which apparently is to
provide training for Police Officers.
Mr. Delgedillo confirmed that he had made the proposal in writing.
Mayor Daly. The City Manager speaks for the City on those types of matters.
Joe Kung, General Partner, Impedal Canyon Shopping Center, 5581 E. Santa Ana Canyon Road,
Anaheim 92807. Three weeks ago, he presented the Council with the first report of the Traffic Study he
has been conducting with a focus on Impedal Highway at the east bound 91 Freeway off-ramp. (See
minutes of May 21, 1996.) His professional traffic engineer told him the cost to connect the traffic lights
together between the 91 Freeway and Santa Ana Canyon Road is under $10,000. In the last three
weeks, he has taken ten more video tapes. The data is significant and he has recommendations which
he briefed. (Also see letter dated June 3, 1996 from Mr. Kung listing on Page I - Immediate
Improvement Recommendations followed by Smart (Street) Project Improvement Recommendations
and a sheet dated June 4, 1996 - Subject: Anaheim Hills Imperial Highway and Santa Ana Canyon Road
Intersection Traffic Signal Light Control Optimize Analysis).
Mayor Daly interjected and stated that the Council will ask staff to evaluate the recommendations which
were submitted contained in his letter of June 3, 1996. Staff will be asked to review it and provide their
analysis.
PUBLIC COMMENTS - AGENDA ITEMS: There were no public comments on City Council Agenda
items.
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for
the Council meeting of June 4, 1996. Council Member Zemel seconded the motion. MOTION
CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Mayor Daly, seconded by
Council Member Feldhaus, the following items were approved in accordance with the reports,
certifications and recommendations furnished each Council Member and as listed on the Consent
Calendar, Mayor Daly offered Resolution Nos. 96R-84, for adoption. Refer to Resolution Book.
Al.
105: Receiving and filing minutes of the Senior Citizens Commission meeting held Apdl 11,
1996.
105: Receiving and filing minutes of the Community Services Board meeting held Apdl 11,
1996.
CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JUNE 1996
A3.
A4.
AS.
A6.
^7.
A8.
173: Receiving and filing a Revised Notice of Proposed Changes to Southern California Gas
Company's Gas Rates (Application No. 96-03-031) flied before the California Public Utilities
Commission for a Proposed Decrease in Rates, Proposed Increase in Customer Charge,
Proposed Reduction in Baseline Allowances, and Proposed Increase in CARE surcharge.
173: Receiving and filing a Notice of Proposed Gas Rate Increase (Application No. 96-05-024)
requesting the Commission to authorize an increase in the rate of return from 9.42% to 9.74 %.
105: Receiving and filing minutes of the Mother Colony House Advisory Board meeting held
March 11, 1996.
156: Receiving and filing the Anaheim Police Department Cdme Statistical Report for the month
of April 1996.
105: Receiving and filing minutes of the Budget Advisory Commission meeting held April 17,
1996.
105: Receiving and filing minutes of the Anaheim Pdvate Industry Council meeting held Apdl
25, 1996.
123: Approving an Agreement with the State of California (State Local Agency - State
Agreement No. 12-5055, Program Supplement No. 080) for improvements to Lincoln Avenue
from Beach Boulevard to Western Avenue, and authorizing the Mayor and City Clen~ to execute
said Agreement.
160: Accepting the bid of Bamey's Transmission, in an amount not to exceed $35,000 for
transmission repairs as required for the pedod of July 1, 1996 through June 30, 1997, in
accordance with Bid #5529.
160: Accepting the bid of CT International, in an amount not to exceed $32,000 for latex and
vinyl gloves as required for the pedod July 1, 1996 through June 30, 1997, in accordance with
Bid #5530.
160: Accepting the Iow bid of Mc Mahan Desk, Inc., in the amount of $43,850.30 for 640
stacking chairs and 17 chair dollies for the Brookhumt Community Center, in accordance with Bid
#5546.
160: Accepting the bid of Uniform Center, in an amount not to exceed $232,100 for Police
uniforms and equipment as required for the period of July 1, 1996 through June 30, 1997, in
accordance with Bid ~L5343.
160: Accepting the Iow bid of Software Spectrum, in an amount not to exceed $130,000 for
software for the period of July 1, 1996 through June 30, 1997, in accordance with Bid #5527.
160: Accepting the Iow bid of Stream, in an amount not to exceed $20,000 for software support
services as required, for the period of July 1, 1996 through June 30, 1997, in accordance with
Bid #5527.
123: Accepting the bid, and authorizing an Agreement with Toyo Landscape Company, in an
amount not to exceed $43,088.52 for a two-year period with three one-year optional extensions
for landscape maintenance at City Library facilities, in accordance with Bid #5538.
CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JUNE '1996
Ag.
160: Authorizing the Purchasing Agent to exercise the renewal option of Absolute Asphalt, in an
amount not to exceed $43,750 for an estimated 180,000 pounds of #9078 asphalt sealant, for a
podod of one year, beginning July 1, 1996, in accordance with Bid #5394.
Authorizing the Purchasing Agent to exercise the renewal option of Koch Materials Company, in
an amount not to exceed $31,250 for an estimated 165 tons of SS-1H sealant and ten tons of
L.M.C.R.S. sealant, including an estimated 60 houm of spreading charges, for a pedod of one
year, beginning July 1, 1995, in accordance with Bid #5394.
Al0.
160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a Purchase
Order to Nationwide Papers, in an amount not to exceed $40,000 for stock paper as required for
the period July 1, 1996 through June 30, 1997.
All.
160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a Pumhase
Order to Firearms Training Systems, Inc., in the amount of $96,693 for in-house weapons
training at the Anaheim Police Department.
160: Amending the Fiscal Year 95/96 Budget by appropriating funds in the amount of $105,250
from the Narcotic Forfeiture Fund to expenditure account number 204-309-2255-9705 which will
include the cost of the firearms training system and ancillary equipment as required.
A12.
184: Reviewing the need for continuing the Ninth Proclamation of the Existence of a Local
Emergency issued by the Director of Emergency Services on January 2, 1996, conceming the
Santiago Landslide and Pegasus Landslide in the City of Anaheim; and taking no action to
terminate the local emergency at this time.
A13. 123: Approving a Second Amendment to Agreement with the Orange County Chapter of the
American Red Cross for swimming lesson service fees.
A14. 123: Approving and executing an Agreement with Anaheim Union High School Distdct for the
period of June 15, 1996 through September 20, 1996, to facilitate Summer Sports Camps.
A15. 105: To consider Amending the Citizen Participation Plan definition of a quorum of Community
Development Advisory Board members from six CDAB members to 50% plus one member.
Council Member Lopez. He has received several calls on this matter. The people who he talked to have
stated that the process has not been explained fully to them. He (Lopez) talked to Lisa Stipkovich,
Executive Director of Community Development and she explained it but he has to return additional calls
from people who want to give him input. He would like this matter continued one week to give the
opportunity to clarify the matter.
MOTION. Council Member Lopez moved to continued Item A15 for one week. Council Member Zemel
seconded the motion. MOTION CARRIED.
A16. 106: Approving the Budget adjustment for Community Development increasing revenues and
expenditures by $2.7 million. (South of Romneya Revitalization Project.)
A17. 152 & 123: Authorizing the City Manager to terminate the Agreement with Municipal Resource
Consultants.
RESOLUTION NO. 96R-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM TERMINATING AN AGREEMENT WITH MUNICIPAL RESOURCE CONSULTANTS
AND REVOKING THE APPOINTMENT OF THE MUNICIPAL RESOURCE CONSULTANTS AS
THE CITY'S AGENT FOR EXAMINING THE RECORDS OF THE STATE BOARD OF
EQUALIZATION.
9
CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JUNE '1996
A18. 123: Approving an Agreement with CGMS, Inc., and Economic Planning Systems for financial
analysis services, relating to proposed enhancements of the Anaheim Resort Area.
A19.
123: Approving an Agreement with Environmental Systems Research Institute, in an amount not
to exceed $120,000 for the continuation of consulting and planning services for a City-wide
Geographical Information System pilot project.
Mayor Daly. He would like staff to report to the Council in the future as to when the system will be ready
for use by the departments. He believes there are great benefits to the community to have the mapping
capabilities.
City Manager Ruth. They will be happy to do so. This will be a tremendous planning tool.
123: Approving a Partial Settlement Agreement among PacifiCorp, Utah Associated Municipal
Power Systems, Deseret Generation and Transmission Cooperative, Inc., Utah Municipal Power
Agency, Western Area Power Administration, and the City of Anaheim; and authorizing the
Public Utilities General Manager on behalf of the City to execute the Agreement with any
revisions that are in substantial conformance with the Agreement and any other related
documents or agreements.
A21. 114: Approving minutes of the Anaheim City Council meeting held May 7, 1996.
Roll Call Vote on Resolution,No. 96R-84 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-84 duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED. (Item A15 continued one week.)
ITEMS B1 - 134 FROM THE PLANNING COMMISSION MEI~TING HELD MAy 13, 1996
INFORMATION ONLY -APPEAL PERIOD ENDS .JUNE 4, 1996:
BI.
179: CONDITIONAL USE PERMIT NO. 3703 AN~ NEGATIVE DECLARATION:
OWNER: SIDNEY E. LEWIS FAMILY TRUST, Attn: Lewis Schmid, 6375 East Tanque Verde
Road, Tucson, AZ 85751
AGENT: LEWIS R. SCHMID, 1725 S. Douglass Road, Anaheim, CA 92806
LOCATION: 2600 - 2620 East Katella Avenue. Property is approximately 3.13 acres located
at the southeast comer of Katella Avenue and Douglass Road.
Petitioner requests on-premise sale and consumption of alcoholic beverages for a previously
approved semi-enclosed restaurant with on-premiso sale and consumption of beer and wine.
ACTION TAKEN BY THE PLANNING COMMIS~;ION:
Approved modification to CUP NO. 3703 to permit sale and consumption of alcoholic beverages
with certain conditions (PC96-44) (7 yes votes).
Approved Negative Declaration.
10
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 4, 1996
Greg Hastings, Zoning Division Manager, cladfied for the Mayor the two basic changes are, the applicant
is asking for alcohol instead of Peer and wine and a reduction of square footage from 14,000 to 10,500
square feat. The Planning Commission did have an opportunity to review a final and very specific floor
plan.
B2.
176: WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 3442 AND NEGATIVE DECLARATION:
OWNER: MIRALOMA RED GUM, Attn.: Louis and Francis Cannon, 231 16th Street, Santa
Monica, CA 90402
AGENT: GENE HOBEL, 2901 E. Miraloma Avenue, Unit 1, Anaheim, CA 92806
LOCATION: 2901 East Miraloma Avenue {Unit 11. Property is approximately 8.86 acres
located at the northwest comer of Miraloma Avenue and Red Gum Street.
To permit the on-premise sale and consumption of peer and wine and accessory outdoor dining
area, in conjunction with an existing restaurant with waiver of required setback adjacent to an
artedal highway.
ACTION TAKI~N BY THE PLANNING COMMISSION:
Approved modification to CUP No. 3442, permitting the on-premise sale and consumption of
peer and wine and accessory outdoor dining area (PC96-45) (7 yes votes).
Negative Deciaretion previously approved.
REPORTS AND RECOMMENDATIONS:
B3. 179: CODE AMENDMENT NO. 96-07
CEQA EXEMPTION SECTION 15061 (b) (3):
City initiated request to amend vadous sections of Title 18 of the Anaheim Municipal Code
relating to eating and ddnking establishments.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended adoption of the ordinance to the City Council with the changes made at the
meating.
ORDINANCE NO. 5565 (INTRODUCTION) Amending vadous Sections of Title 18 of the
Anaheim Municipal Code relating to Zoning (eating and ddnking establishments).
Mayor Daly offered Ordinance No. 5565 for first reading.
ORDINANCE NO. 5565 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS
SECTIONS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING
(EATING AND DRINKING ESTABLISHMENTS
179: CODE AMENDMENT NO. 96-t2
CEQA EXEMPTION $1~(;TION 15061:
City Initiated request to amend Chapter 18.06 of the Anaheim Municipal Cede pertaining to
parking vadanco.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended adoption of the ordinance to the City Council.
11
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 4, 1996
ORDINANCE NO. 5566 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM
amending subsections .040 and .050 of section 18.06.080 of chapter 18.06 of title 18 of the
Anaheim Municipal Code relating to Parking Variances.
Planning Director, Joel Fick, at the request of the Mayor, described the change to the parking variance
procedure.
Mayor Daly offered Ordinance No. 5566 for first reading.
ORDINANCE NO. 5566 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SUBSECTIONS .040 AND .050 OF SECTION 18.06.080 OF CHAPTER 18.06 OF TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO PARKING VARIANCES.
ITEMS I)5 - B$ FROM THE PLANNING COMMISSION MEETING OF MAY 29. 1996:
INFORMATION ONLY -APPEAL PERIOD ENDS JUNE 7, 1996:
B5.
155: ENVIRONMENTAL IMPACT REPORT NO. 283
FINAL SITE PLAN REVIEW FOR VESTING TENTATIVE TRACT MAP NO. 15144:
OWNER: SHEA HOMES, 655 Brea Canyon Road, Walnut, CA 91789
AGENT: HUNSAKER AND ASSOCIATES, Attn: Dan Hosseinzadeh, Three Hughes, Irvine, CA
92718
LOCATION: Property is approximately 5.2 acres, having a frontage of approximately 700 feet
on the north and south side of Cloudview Road and located approximately 25 feet north of the
centedine of Crestview Lane and further described as Vesting Tentative Tract map No. 15144,
within Development Area 204 of The Summit of Anaheim Hills Specific Plan (SP88-2).
Petitioner requests review and approval of a Final Site Plan for Vesting Tentative Tract Map No.
15144 (in order to construct a 27-unit, single-family detached residential subdivision).
ACTION TAKEN BY THE PLANNING COMMISSION:
APPROVED Final Site Plan Review for Vesting Tentative Tract Map No. 15144 (6 yes votes, 1
absent).
EIR NO. 283 previously certified.
179: FINAL SITE PI~AN REVIEW NO. 964)4:
REQUESTED BY: COX COMMUNICATIONS, c/o Precious McDuffle, 3760 Kilroy Airport Way,
Suite 440, Long Beach, CA 90806
LOCATION: 616 West Convention Way.
Petitioner requests review and approval of a Final Site Plan, including a roof plan and elevation
plans, to construct two (2) screen wall enclosures to conceal roof-mounted personal
communications service equipment.
ACTION TAKEN BY THE PLANNING COMMISSION:
APPROVED Final Site Plan Review No. 96-04 (6 yes votes, I absent).
12
CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JUNE 47 t996
Mayor Daly posed questions for purposes of clarification which were answered by the Planning Director.
END OF THE PLANNING COMMISSION ITEMS.
B7.
ORDINANCES FOR ADOPTION:
179: ORDINANCE NO. 5563 Amending Title 18 of the Anaheim Municipal Code (Zoning) by
adding thereto a provision permitting service stations as a conditional use in Development Area
4 (Transit Core) of the SP94-1 (Northeast Area) zone. (introduced at the meeting of May 21,
1996, Item B6.)
Mayor Daly offered Ordinance No. 5563 for adoption. Refer to Ordinance Book.
ORDINANCE NO. 5563: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18
OF THE ANAHEIM MUNICIPAL CODE (ZONING) BY ADDING THERETO A PROVISION
PERMITTING SERVICE STATIONS AS A CONDITIONAL USE IN DEVELOPMENT AREA 4
(TRANSIT CORE) OF THE SP94-1 (NORTHEAST AREA) ZONE.
Roll Call Vote on Ordinance No. 5563 for adm)tion:
AYES:
NOES:
ABSENT:
ABSTAINED:
MAYOR/COUNCIL MEMBERS: Zemel, Feldhaus, Lopez, Daly
MAYOR/COUNCIL MEMBERS: None
MAYOR/COUNCIL MEMBERS: None
MAYOR/COUNCIL MEMBERS: Tait
The Mayor declared Ordinance No. 5563 duly passed and adopted. (Council Member Tait declared a
potential conflict of interest and abstained from voting.)
179: ORDINANCE NO. 5564 Amending Paragraph .0520 of Subsection .050 of Section
18.110.090 of Chapter 18. 110.090 of Chapter 18.110 of Title 18 of the Anaheim Municipal Code
relating to SP94-1 zoning (Automotive Vehicle Repair). (Introduced at the meeting of May 21,
1996, Item B7.)
Mayor Daly offered Ordinance No. 5564 for adoption. Refer to Ordinance Book.
ORDINANCE NO. 5564: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
PARAGRAPH .0520 OF SUBSECTION .050 OF SECTION 18.110.090 OF CHAPTER 18.
110.090 OF CHAPTER 18.110 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO SP94-1 ZONING (AUTOMOTIVE VEHICLE REPAIR).
Roll Call Vote on Ordinance No. 5864 for adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
MAYOR/COUNCIL MEMBERS: None
MAYOR/COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 5564 duly passed and adopted.
13
T
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 4, 1996
D1.
176: PUBLIC HEARING - ABANDONMENT NO. 95-7A: In accordance with application filed
by SAFEGUARD HEALTH PLANS, 505 North Euclid Street, Anaheim, CA, 92801 a Public
Hearing was held on the proposed abandonment of Euclid Street and Fairhaven Street extending
northerly from a Point approximately 90 feet north of the centedine of Westmont Drive
(ABANDONMENT NO. 95-7A). pursuant to Resolution No. 96R-60 duly published and notices
thereof posted in accordance with law.
At their meeting of May 7, 1996, 1996, the Anaheim City Council adopted Resolution No. 96R-60
declaring its intention tovacate certain public streets, highways and service easements; and to
consider abandoning that certain alley located between Euclid Street and Fairhaven Street
extending northerly from a Point appreximately 90 feet north of the centedine of Westmont Drive
and setting a date and time to consider the subject abandonment.
Report of the City Engineer dated December 12, 1995, was submitted recommending approval of said
abandonment.
Natalie Meeks, Civil Engineer, summarized the reasons for the proposed abandonment.
Mayor Daly opened the Public Headng. There was a gentleman in the audience who indicated he was a
representative of the property owner and was supportive of the abandonment. The Public Headng was
closed.
Mayor Daly. He is very familiar with this property and feels the request makes good sense. He
commends staff for working with the property owner.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Mayor Daly,
seconded by Council Member Zemel, the City Council finds that the proposed activity falls within the
definition of sections 3.01 Class 5 of the City of Anaheim guidelines to the requirements for an
Environmental Impact Report and is, therefore, categorically exempt from the requirements to file an
EIR. MOTION CARRIED.
Mayor Daly offered Resolution 96Ro85 for adoption. Refer to Resolution Book.
RESOLUTION NO. 96R-85: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING A PORTION OF AN EASEMENT FOR ALLY PURPOSES EXTENDING
NORTHERLY FROM WESTMONT DRIVE WESTERLY OF EUCLID STREET
(ABANDONMENT NO. 95-7A ).
Roll Call Vote on Resolution No. 96R- 85 for adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
MAYOR/COUNCIL MEMBERS: None
MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 96R-85 duly passed and adopted.
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CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 1996
C1.
114: Discussion requested by Mayor Daly, at the meeting of May 21, 1996, Item C2, regarding
the issue pertaining to vacant comer lots, and lots especially at arterial intersections in the City.
Mayor Daly. He refen~ed to the staff report submitted in Apdl which he requested relative to the subject
lots. He had asked for an update on the progress made relative to this matter and notes that there has
been substantial cleanup since April.
Tom Wood, Deputy City Manager. He introduced the staff members present to give the update - Gary
Wilder, Fire Marshal who will speak on the gas tanks; John Hills, Utilities, site remediation required; John
Poole, Code Enforcement Manager, aesthetics. (Also see staff report dated June 4, 1996 from Tom
Wood attached to which was data relating to the comer lots including a map showing the location of
abandoned gas stations and vacant lots at major intersections in Anaheim followed by data sheets giving
the location/address - contamination - soil/water status, if any; clean-up status; building/fence/property
status; and development status. These were followed by photographs of each of the locations.
Presententations then followed by Gary Wilder, Fire Marshal; John Hills, Utilities, and John Poole, Code
Enforcement Manager. The presentations were supplemented by computer generated slides.
Following the detailed presentations, Mayor Daly posed questions relative to remediation of certain sites
(1) if there was any way of knowing if the owner of the property intends to reopen on the site with another
gas station or (2) if there is no intention of doing so, if there was any way of tracking that and (3) when
they know a site will be vacant for remediation puq~oses, was there a way of posting the property to that
effect so that the community understands it is not an abandoned lot.
Julie Kunze, Deputy Fire Marshal. She explained a new process that has been started. When the
property owner submits plans for approval, staff asks what the new use is going to be. There is nothing
to prohibit requiring a sign to be placed on the property but it could be a 'double edged sword" since it
may elicit a concem by the community that a health issue is involved.
Mayor Daly. He was appreciative of the thorough update and assumes that the Council will be receiving
updates from time to time in the future. Another concem he has which can be answered in the future are
vacant comers in Anaheim that do not involve environmental remediation. They are vacant for a long
time and seem to be an economic problem where perhaps the neighborhood has changed and the
former use is no longer viable. He is not looking forward to seeing ten more years of a vacant lot
especially in a residential neighborhood on a street comer. He would like suggestions, comments, or
analysis that staff can bdng in the future. Perhaps there is some zoning problem or absentee owners,
etc. He is curious to get staff's thoughts and analysis on that question. He thanked staff again for the
overview and the summary.
C2. COUNCIL COMMENT~:
There were no comments.
15
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 4, '1996
C3. REPORT ON CLOSED SESSION ACTIONS: City Attorney; Jack White. Action was taken by the
Council in closed Session on the following:
Re: State of Califomia vs. Berger, et al., O.C.S.C.C. No. 76-32-36 condemnation action by Caltrans for
I-5 widening. City was named as a party in that litigation but the City has no interest in the property;
therefore, Council today authorized the filing of a disclaimer of interest in the property in that litigation.
Vote was all ayes.
ADJOURNMENT: By general Council consent, the Council Meeting of June 4, 1996 was adjourned to
Tuesday, June 11, 1996 starting at 2:00 P.M. with a continuation of the Public Healing on the City
Budget. (7:45 P.M.)
LEONORA N. SOHL
CITY CLERK
16