1998/06/09ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JUNE 9, 1998
The City Council of the City of Anaheim met in regular session.
PRESENT:
MAYOR: Tom Daly
PRESENT:
COUNCIL MEMBERS: Shirley McCracken, Tom Tait, Bob Zemel, Lou Lopez
ABSENT:
COUNCIL MEMBERS: None
PRESENT:
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ASST. CITY CLERK: Ann M. Sauvageau
PUBLIC WORKS DIRECTOR: Gary Johnson
FIRE CHEIF: Jeff Bowman
FIRE DIVISION CHIEF: Jerry Austin
FLEET AND FACILITY MANAGER: Darryl W. Meekhoff
PLANNING DIRECTOR: Joel Fick
EXEC. DIRECTOR COMM. DEVELOPMENT: Elisa Stipkovich
CHIEF OF POLICE: Randall Gaston
PUBLIC UTILITIES GENERAL MANAGER: Ed Aghjayan
ZONING ADMINISTRATOR:
Annika Santalahti
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 1:35 p.m. on
June 5, 1998 at the City Hall Bulletin Board, (both inside and outside the entrance to City Hall)
containing all items as shown herein.
Mayor Daly called the meeting to order at 3:05 p.m.
The meeting opened with the continuation of the Departmental Budget Workshop.
PUBLIC HEARING - CITY BUDGET:
106:
To consider the proposed Fiscal Year 1998/99 Budget plan.
FISCAL YEAR 1998/99 DEPARTMENTAL BUDGET WORKSHOP (Continuation):
The following
Department Heads gave an overview of their department’s proposed budget, some explaining their plans
and objectives for the coming year and accomplishments in the past fiscal year. Questions were also
posed by Council Members during or at the conclusion of some of the presentations which were
answered by the Department Head or appropriate staff. (Presentations were supplemented by slides.)
City Manager, James Ruth introduced each department’s budget presentation giving its location in the
Budget Document.
Randall Gaston, Chief of Police - Police Department -- Budget Document pages 62 - 65. (Also see
booklet submitted - Anaheim Police Department - 1998/1999 Budget Presentation - containing hard
copies of the slides presented and brief by Chief Gaston - made a part of the record.) Council requests:
Council Member Tait, noting the crime statistics as reported by the Chief illustrating a dramatic decrease
in crime (i.e., Part I crimes reduced to a level prior to 1970 despite a 73% increase in City population, a
17.3% reduction compared to 5% nationwide and 9.25% statewide), he asked the City Manager to have
those statistics published in the Anaheim Magazine and/or other means including press releases; Council
Member Zemel also noted that the INS program (i.e., an INS officer stationed in the City jail) has been a
proactive crime-fighting tool and should be positively reflected in the City budget as well. He feels it is
important to “tout” that program noting its success.
Jerry Austin, Division Chief - Fire Department -- Budget Document pages 54 - 55. (Also see booklet
submitted - 1998/99 Budget Plan - Anaheim Fire Department - presented by Chief Jeff Bowman, June 9,
1998 - made a part of the record - which contained hard copies of the power-point slide presentation,
each briefed by Mr. Austin). Council requests: Council Member Zemel urged that relative to the
installation of the exhaust removal systems in Fire stations which Mr. Austin and Ruth reported is moving
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 9, 1998
forward and funds included in the budget, that the message be disseminated to the rank and file
members of the department.
Ed Aghjayan, Public Utilities General Manager - Public Utilities Department - Budget Document pages 66
- 69.
Council Member Zemel temporarily left the Council Chamber (3:55 P.M.).
City Manager Ruth. This concludes the departmental budget presentations for the FY1998/99 City
Budget.
It was noted that public comments and questions on the FY1998/99 Budget will be held at the 5:00 P.M.
Public Hearing on the Budget.
Before concluding, Mayor Daly noted that several members of the Budget Advisory Commission were
present and also a member of the Public Utilities Board. He thanked them for being present this
afternoon.
REQUEST FOR CLOSED SESSION:
City Attorney, Jack White requested a Closed Session noting first that there will be one addition
to the Closed Session items relating to the Sportstown Development and a briefing to obtain
Council direction for the Real Prope
rty Negotiator. The action is necessary prior to the next City
Council Meeting and thus the need for the Council to act tonight.
MOTION. Mayor Daly moved to waive the 72-hour posting provision of the Brown Act to add an item to
the Closed Session agenda as articulated by the City Attorney (see added Item 6). Council
Member Tait abstained declaring a conflict. Council Member Zemel was temporarily absent.
MOTION CARRIED.
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
There were no public comments relativ
e to Closed Session items.
The following items are to be considered at the Closed Session.
CONFERENCE WITH LABOR NEGOTIATOR
1.
Agency negotiator:
Dave Hill
Employee organization:
Anaheim Police Association.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
2.
54956.9(a) - Existing Litigation:
Name of case:
Delmonico, et al. v. City of Anaheim, et al. (and 18 related cases) Orange
County Superior Court Case No. 70-80-71.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
3.
54956.9(a) Existing Litigation:
Name of case
: Nunley v. City of Anaheim, et al., Orange County Superior Court Case No. 77-
23-97.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR:
(Government Code Section
4.
54956.8)
Property: 8201 East Santa Ana Canyon Road
Negotiating Parties: Anaheim Memorial Medical Center and City of Anaheim
Under Negotiation: Price and terms.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 9, 1998
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:
5.
Initiation of litigation pursuant to subdivision (c) of Section
54956.9:
Two
potential cases.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR:
(Government Code Section
6.
54956.8)
To brief the Council and obtain direction for the City;’s Real Property Negotiator prior to next
Council Meeting - City and Forest City Development, regarding Sportstown.
RECESS:
Mayor Daly moved to recess into Closed Session. Council Member Lopez seconded the
motion. Council Member Tait was temporarily absent. MOTION CARRIED. (4:05 p.m.)
AFTER RECESS:
Mayor Daly called the regular Council meeting of June 9, 1998 to order at 5:17 P.M. and welcomed those
in attendance.
INVOCATION:
Moment of Silence
FLAG SALUTE:
Council Member
Bob Zemel led the assembly in the Pledge of Allegiance to the Flag.
DECLARATION OF RECOGNITION:
119:
A Declaration of Recognition was unanimously adopted by
the City Council and presented to Floyd Mayweather recognizing him as the recipient of the Outstanding
School Crossing Guard Award from All City Management Services, Inc.
Mayor Daly and Council Members commended and congratulated Mr. Mayweather on receiving the
award for his long-time and continuing service as a Crossing Guard at Anaheim Hills Elementary School
(stationed at Serrano and Nohl Ranch Rd.) where he “ . . . has continually displayed a concern for the
safety of all the school children and has provided dependable and reliable service for fourteen years . . “
PRESENTATION - RECIPIENTS OF THE 1998 ANAHEIM ARTS COUNCIL GRANTS:
119:
Charlotte
Brady, President, Anaheim Arts Council first noted that in the 25 years since the Arts Council has been
raising funds for community organizations, they have raised over one-half million dollars and all the
money has gone back to organizations in the community to promote and encourage the arts in Anaheim.
She then introduced those representatives present representing the organizations who were this year’s
recipients as follows: (The groups were named along with the programs on which the funds were used.)
Anaheim Arts Association, Anaheim City School District, Anaheim Community Foundation, Anaheim
Museum, Anaheim Red Cross House, Anaheim Therapeutic Recreation, Anaheim Union High School
District, Ana-Modjeska Players, Inc., Boys and Girls Club of Anaheim, Ebell Club of Anaheim, Harp
Guild, Hope University, James Guinn School, Michael L. Roston Creative Writing Contest.
Mayor Daly. They appreciate all the fine work that the Arts Council does in the City and especially the
ongoing assistance they render to the many community organizations.
RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT
ANOTHER TIME:
DECLARATION recognizing the El Bekal Shrine on the dedication of their new building.
PROCLAMATION recognizing June 19, 1998, as Developmental Disabilities Day in Anaheim.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 9, 1998
FINANCIAL DEMANDS AGAINST THE CITY
in the amount of $2,755,569.97 for the period ending June
11, 1998 in accordance with the 1997-98 Budget, were approved.
Mayor Daly recessed the City Council meeting until after the Anaheim Housing Authority meeting. ( 5:26
p.m.)
Mayor Daly reconvened the City Council Meeting ( 5:27 p.m.)
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
No items of public interest were addressed.
PUBLIC COMMENTS AGENDA ITEMS:
Public comments were received on items A22, A9, A10, A11, and A12. See comments under those
items.
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for
the Council meeting of June 9
, 1998. Council Member Zemel
seconded the motion. MOTION
CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A19:
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 Resolutions Nos. 98R-105A
and 98R-106
, for adoption. Mayor Daly
offered Ordinance Nos. 5636
for first reading. Refer to Resolution/Ordinance Book.
A1.
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
Robin J. Ichiyama
for
property damage
sustained purportedly due to
actions of the City on or about
January 14, 1998
.
A2.
175: Receiving and filing an Order Instituting Rulemaking before the Public Utilities Commission
of the State of California (San Francisco office - R.98-05-031) regarding the Commission’s own
motion into the statewide expansion of public policy pay telephones.
105: Receiving and filing minutes of the Golf Advisory Commission meeting held April 23, 1998.
128: Receiving and filing the Monthly Financial Analysis presented by the Finance
Director for
ten months ended April 30, 1998.
A3.
175: Awarding a contract to the lowest responsible bidder, Paulus Engineering, in the amount of
$276,045 for I-5 Segment A5 Water Facility Relocation; and in the event said low bidder fails to
comply with the terms of the award, awarding the contract to the second low bidder, as well as
waiving any irregularities in the bids of both the low and second low bidders.
A4.
167: Awarding a contract to the lowest responsible bidder, Computer Service Comp
any, in the
amount of $21,789 for Orangethorpe Avenue At RSI Driveway Traffic Signal Modification; and in
the event said low bidder fails to comply with the terms of the award, awarding the contract to the
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 9, 1998
second low bidder, as well as waiving any irregularities in the bids of both the low and second
low bidders.
A Mr. Edwards spoke on this item when the ambulance issue was being discussed (which was Item A24)
and after the Council had already awarded the subject contract.
Mr. Bob Edwards, Manager, Rancho LaPaz Mobile Home Park (MHP). Relative to the subject, he is
asking that the award of the contract be tabled for at least three weeks. It appears that Planning, Traffic
and Engineering do not know the terms of the settlement agreement with the City; Mayor Daly interjected
and clarified for Mr. Edwards that presently they were under discussion on Item A24, the ambulance
contract, and that action had already been taken by the Council on Item A4.
Mr. Edwards continued with his comments noting that Alfred Yalda, the City’s Principal Transportation
Planner, said that they have to put in curbing and sidewalks. He (Edwards) believes that is a breach of
their contractual agreement. They are asking for a delay of three weeks to give an opportunity for their
attorney, the General Contractor and City officials to work the matter out.
Mayor Daly. He will ask the City Manager to respond; City Manager Ruth confirmed that the contract
was already awarded earlier this evening but he would be happy to meet with Mr. Edwards as directed by
the Mayor.
City Attorney White. Last week, his staff had extensive discussions with Mr. Edwards, with the attorney
who negotiated the settlement agreement, the owner of the MHP and Traffic Engineering staff. Staff’s
position is that they should move ahead on the basis of the agreement that has been negotiated, the
bottom line being, the Council has already acted favorably on the award of contract this evening. Unless
the Council wishes to rescind that action, staff is going to move forward with the public improvements.
Mayor Daly interjected and asked if Mr. Edwards was still present; from the audience, someone noted
that Mr. Edwards was not present but left the Council Chamber after he spoke.
City Attorney White continued that the problem is there is a mobile home that needs to be moved on to
private property in order to accommodate access. The settlement agreement provided the owner of the
park take that responsibility and now they are running into difficulty with the resident in getting the mobile
home relocated to another space in the park. They are asking for some change to the location of the
access and City staff does not believe it is in the public’s interest to change the location.
Mayor Daly. The contract has been awarded and it will probably take a few days before the work starts.
In the meantime, perhaps the City Manager and City Attorney’s Office can apprise the Council of any
other appropriate steps to be taken by the City.
City Manager Ruth. Staff would be glad to meet with the principals and try to re-clarify the issue.
However, they know exactly what the issues are and staff does as well but staff would be glad to meet
with them.
The contract was awarded at the conclusion of the Consent Calendar.
A5.
176: RESOLUTION NO.
98R-105A
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY
OF ANAHEIM declaring its intention to vacate certain public streets, highways and service
easements, and setting a date and time to consider abandoning that certain easement f
or
electrical and water purposes located on property on the west side of Fairmont Boulevard,
approximately 630 feet south of Rio Grande Drive. (ABANDONMENT NO. 97-13A) (Suggested
public hearing date: July 14, 1998, at 6:00 p.m.)
A6.
170: Approving the Final Map of Tract No. 13518, and Subdivision Agreement with Standard
Pacific Corporation, and authorizing the Mayor and City Clerk to execute said Agreement. Tract
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 9, 1998
No. 13518 is located within The Summit of Anaheim Hills Specific Plan Area on Blue
Sky Way
and Bailey Way, and is filed in conjunction with Specific Plan No. 88-2.
A7.
158: Approving the Acquisition Agreement for real property located at 110-216 West Katella
Way, and 1844 Haster Street; approving the Temporary Construction Easement; authorizing the
Mayor and City Clerk to execute said Agreement; and authorizing the acquisition payment of
$534,450 to Anaheim Chili Operations, LLC.
A8.
123: Approving a First Amendment to the Construction Inspection Services Agreements with
Willd
an & Associates and Dames & Moore, Inc., increasing the yearly limit to $400,000 in
connection with the I-5 Freeway widening and the Anaheim Resort.
Mr. Paul Rich, 38-yr. Anaheim resident. He is present to ask for a continuance on Items A9, 10, 11 and
12. He believes there is some confusion whether these are public works jobs or not. At one time the
Council passed a resolution when the job(s) was bid and it was under public works which would be under
prevailing wages. Now there is a new resolution after the job was bid saying they have eliminated
maintenance and repair. Since there is some confusion, he is requesting that it be looked at more in
depth. He confirmed for Council Member Zemel that he represents the Electrical Workers Union.
Mayor Daly. He asked the City Manager if there was any time constraint on these projects. The request
by Mr. Rich is that they have an opportunity to ask questions and understand the rationale for the four
items being handled as they are. His suggestion will be for a continuance of one or two weeks; City
Manager Ruth deferred to Darryl Meekhoff.
Darryl Meekhoff, Fleet and Facility Manager. He first gave some background on why these projects were
not public works projects and, therefore, exempt from prevailing wages noting that in 1976 there was a
Charter amendment which excluded maintenance and repair of public buildings from public works
projects which do fall under prevailing wages. In concluding, he clarified for the Mayor that there would
be no problem if the items were continued for one or two weeks.
A9.
160: Accepting the low bid of Integrated Power & Lighting, in an amount not-to-exceed $41,015
for the lighting retrofit/replacement at the Fire Stations, in accordance with Bid #5763.
A10.
160: Accepting the low bid of Sun & Sun Industries, dba Sun Industries, in an amount not-to-
exceed $49,108 for the lighting retrofit/replacement at the Police Department, in accordance with
Bid #5758.
A11.
160: Accepting the low bid of Sun & Sun Industries, dba Su
n Industries, in an amount not-to-
exceed $78,956 for the lighting retrofit/replacement at City Hall East, in accordance with Bid
#5760.
A12.
160: Accepting the low bid of Integrated Power & Lighting, in an amount not-to-exceed $187,235
for the lighting retrofit/replacement at four Anaheim Libraries and the Brookhurst Community
Center, in accordance with Bid #5762.
MOTION. Mayor Daly moved to continue Items A9, 10, 11 and 12 for two weeks. Council Member
Lopez seconded the motion. MOTION CARRIED.
A13.
160: Authorizing the Purchasing Agent to exercise the second renewal of the purchase order to
Landscape Pest Management, in an amount not-to-exceed $50,000 for weed abatement for a
period of one year commencing July 1, 1998, and authorizing the Purchasing Agent to exercise
the option to renew for an additional one year period, in accordance with Bid #5568.
A14.
123: Approving an Agreement with RHA Landscape Architects-Planners, Inc., in the amount of
$103,300 for consultant services to prepare m
aster plan studies and construction documents,
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 9, 1998
and to provide construction observation for sports field lighting and various park improvements
at Twila Reid and John Marshall Parks.
A15.
123: Approving a License Agreement with Feedback Foundation, Inc., to utilize Brookhurst
Community Center on a shared basis to provide a comprehensive meal program including
recreational activities and social services to senior citizens through June 30, 1999.
A16.
123: Approving a Contract with the United State Depar
tment of Energy Western Area Power
Administration for Energy Purchases, and authorizing the Public Utilities General Manager, on
behalf of the City, to execute the Contract, and any other related documents, and to take such
actions as are necessary to administer the Contract.
A17.
156: RESOLUTION NO.
98R-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM authorizing the Chief of Police to submit a grant proposal on behalf of the City of
Anaheim, in connection with the U. S. Department
of Justice, Office of Community Oriented
Policing Services (COPS) for the “Cops More ‘98 Grant Program”.
A18.
142: ORDINANCE NO.
5636
(INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending Section 1.04.110 of Chapter 1.04 of Title 1 of the Anaheim Municipal
Code relating to Departments of the City.
A19.
114: Approving minutes of the Anaheim City Council meeting held May 12, 1998.
Roll Call Vote on Resolution Nos. 98R-
105A and 98R-106
, 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. 98R-105A
and 98R-106
, duly passed and adopted.
Roll Call Vote on Ordinance No.
5636
for adoption:
AYES:
MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES:
MAYOR/COUNCIL MEMBERS:None
ABSENT:
MAYOR/COUNCIL MEMBERS: None
The Mayor declared Ordinance No.
5636
duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
BUDGET ADVISORY COMMISSION - RESIGNATION:
A20. 105:
Accepting a letter of resignation
dated May 20, 1998 from Jeffrey L. Farano, Budget Advisory Commission and directing the City Clerk to
post a notice of vacancy (term expires 6/30/2000).
MOTION. Council Member Zemel moved to accept the resignation of Jeffrey Farano from the Budget
Advisory Commission with regret and thanks for his service. Mayor Daly seconded the motion.
MOTION CARRIED.
PUBLIC HEARING (CONTINUED) - FISCAL YEAR 1998/99 CITY BUDGET:
A21. 106:
The
continued Public Hearing on the FY 1998/99 City Budget was reconvened.
MOTION. Mayor Daly moved to receive and file the recommendation of the Budget Advisory
Commission dated May 20, 1998 that the proposed budget for FY1998/99 be adopted as presented.
Council Member McCracken seconded the motion. MOTION CARRIED.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 9, 1998
The City Manager noted that Item A21. L. was withdrawn by staff.
Mayor Daly. This is the second Public Hearing on the FY1998/99 City Budget. For the last two weeks,
the Council has heard presentations by all the operating departments in the City. They have also
received extensive background information from the City Manager. He asked at this time if there was
anyone present who wished to speak to the proposed City Budget.
No one came forward to speak; Mayor Daly closed the Public Hearing on the FY1998/99 City Budget.
Mayor Daly. They can proceed two ways -- they can discuss the items (A21. A - K) individually and
attempt to reach a decision on as many as possible and then continue some or continue the entire
package for seven days.
Council Member Lopez stated he would like to continue the budget for one week since he still has some
questions; Council Member Tait. He would like to continue the entire budget for one week.
MOTION. Council Member Zemel moved to continue a decision on the FY1998/99 City Budget for one
week which includes Item A21. A through K, the motion actually adopting the budget, and the items listed
under A22. and A23. which relate to the budget. Council member Lopez seconded the motion. MOTION
CARRIED.
Receiving public input on budget appropriation limits (Items A - D), and changes in fees
scheduled (Items E - L).
A.
106: RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM adopting the annual appropriations limit of $453,891,569 for the fiscal year
1998/99.
B.
137: R
ESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM adopting the Community Facilities District No. 1989-1 (Sycamore Canyon) annual
appropriations limit of $166,207,469 for the fiscal year 1998/99.
C.
137: RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM adopting the Community Facilities District No. 1989-2 (The Highlands) annual
appropriations limit of $166,207,469 for the fiscal year 1998/99.
D.
137: RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM adopting the Community Facilities District No. 1989-3 (The Summit) annual
appropriations limit of $166,207,469 for the fiscal year 1998/99.
E.
000: RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM establishing fees to be charged by the Public Works Department of the City of
Anaheim. (Various fees, deposits, and assessments.)
F.
000: RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM establishing fees to be charged for Community Services Department programs
and services commencing on September 1, 1998.
G.
000: RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM amending the green fees and cart rental fees to be charged at the Dad Miller Golf
Course and the Anaheim Hills Golf Course (effective July 1, 1998).
8
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 9, 1998
H.
140: RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF
ANAHEIM adjusting the amount of the fee for the Public Libraries Facility Plan for the East
Santa Ana Canyon Area.
I.
000: RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM establishing the amount of the park in-lieu fee and rescinding Resolution No. 97R-
93.
J.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM establishing rates to be charged for licensing and for certain labor, equipment and
services at Anaheim St
adium parking lot, commencing July 1, 1998.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM establishing a schedule of rates to charged for rental of space and for certain labor,
equipment and services at the Anaheim Convention Center, commencing July 1, 1998.
000: RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM establishing fees for parking at the Anaheim Convention Center to be effective
July 1, 1998.
K.
000
: RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM establishing and modifying fees for services and documents provided by the
Anaheim City Clerk’s Office.
L.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM amending rates, rules, and regulations for the sale and distribution of electricity and
water as adopted by Resolutions Nos. 71-478 and 72-600 and most recently amended by
Resolutions Nos. 97R-235 and 97R-97.
1
06: MOTION
. To adopt the 1998/99 Budget.
A22.
153: Approving the following classification and compensation changes to implement the fiscal
year 1998/99 budget (creating 36 new classifications, deleting 36 obsolete classifications, and
changing the salary range for five classifications) effective June 26, 1998:
Submitted was report dated June 9, 1998 from the Human Resources Director, Dave Hill, recommending
the subject changes to be implemented by the proposed resolutions.
Mr. Phil Knypstra, 2520 Gelid, Anaheim. He noted first that he is speaking as an individual and not as a
member of the Budget Commission. He spoke to (1) issues relating to the Public Benefits Charge which
he feels if there is an opportunity to offset it, they should do so to minimize the impact on the rate payer,
and (2) the proposed Product Development Group -- are they embarking on a new business and, if so, is
there a business plan on what they hope to accomplish.
Council Member Zemel then posed questions to Mr. Knypstra wherein he (Knypstra) reported that the
Budget Commission did not discuss the Public Benefit Fee (2.85%) as an agendized item. He also
confirmed that as a Budget Commissioner, he believes the City Budget as presented is a sound one.
Later in the meeting, Mayor Daly suggested they might hold off responding to the points raised by Mr.
Knypstra since at least one Council Member mentioned to him his desire for a continuance in voting on
the entire budget until next Tuesday. (See action above which was subsequently taken continuing a
decision on the budget for one week.) However, Mr. Aghjayan is welcome to comment now or respond
in writing over the next few days.
9
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 9, 1998
Mr. Ed Aghjayan, Public Utilities Director, first explained in terms of the citizen committee review of the
Utilities Budget, by Ordinance, the City Council has given the City Public Utilities Board the responsibility
of reviewing the Utilities Budget so they go through all their budget review sessions with the Public
Utilities Board. They have a great deal of respect for the Budget Commission and do make a
presentation to them once or twice a year on the overall impact of their budget on the City’s budget and
also to discuss the economic development issues as well. Relative to the questions posed by Mr.
Knypstra, the “new program” is called, electric restructuring. He confirmed that they are creating 10 new
positions but are eliminating 20 old positions. They eliminated as many as they could and put back into
place the positions they need to operate the industry as it is going to operate in the future. The bottom
line is, they do need a strategic group that is thinking about services to offer customers and pricing for
those services in a restructured environment.
Mayor Daly. They will welcome any additional thoughts Mr. Aghjayan wishes to give over the coming
week.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM amending Resolution No. 92R-19, which established rates of compensation fo
r
classifications designated as Executive Management.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM amending Resolutions No. 92R-22 and 92R-21, which established rates of
compensation for classifications designated as Administrative Management and Middle
Management.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM amending Resolutions No. 92R-20 and 92R-18, which established rates of
compensation for classific
ations designated as Supervisory and Professional.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM establishing rates of compensation for classifications assigned to the Clerical Unit r
epresented by the Anaheim Municipal Employees Association.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM establishing rates of compensation for classifications assigned to the General Unit
represented by the Anaheim Municipal Em
ployees Association.
A motion was made and passed earlier continuing Item A22 for one week.
A23.
153: Approving wording changes to certain Personnel Rules and Management Pay Policies,
effective June 26, 1998:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM amending Resolution No. 92R-17 adopting personnel rules applicable to employees in
Management, Confidential and non-represented part-time classifications.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM amending Resolution No. 94R-150 which established pay policies for classifications
assigned to Executive, Administrative, Middle Management, Supervisory and Professional
Groups.
A motion was made and passed earlier continuing Item A23 for one week.
CITY OF ANAHEIM’S EMERGENCY AMBULANCE TRANSPORTATION SYSTEM:
A24. 129:
Authorizing City staff to enter into negotiations with CARE Ambulance Service, Inc., to develop a
contract for emergency transportation services for the City of Anaheim. This matter was continued from
the Special Meeting of May 26, 1998, see minutes that date.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 9, 1998
Council Member Lopez. He would like a two-week continuance on this item.
MOTION. Council Member Lopez moved for a two-week continuance on the subject proposed contract.
Mayor Daly seconded the motion for purposes of discussion.
Mayor Daly. Two weeks ago, there was a presentation on the subject issue from the Fire Chief and the
matter was subsequently continued to this date. He asked to hear from the Council on the proposed
additional continuance.
Council Member Zemel. After some opening comments regarding his concerns over the fact that he
believes the highly political nature of the issue has caused repeated continuances, he stated he feels it
would be best for the citizens if the process were privatized which would give them a second opinion. He
would like to put forward a motion to explore that possibility and have staff come back with suggestions
on who they might hire to accomplish this. He also believes it can be cost neutral where applicants
would pay a fee to apply. He would like to have a report on that as well. If the second opinion comes in
supporting staff’s recommendation, he would feel more comfortable in supporting that recommendation.
He would like some input on how they could go about privatizing the process whether from the City
Attorney or the City Manager.
MOTION. For purposes of discussion, he (Zemel) is going to put forth a motion that the process be put
out to the private sector to do the RFP process in its entirety including writing the request or have staff
look at the opportunity to put the RFP process out to the private sector. Council Member Tait seconded
the motion for purposes of discussion.
Council Member Zemel. He clarified for the Mayor his thought is to have a private consultant start the
entire process again writing the RFP, eliminating what he feels are some of the bias issues. For
example, he recalled last December when the RFP was written, the grading tool was supposed to be
reviewed by the Council but it was sent out before that happened and subsequently the grading tool was
found to be biased. With 300,000 residents and this being the largest privatization of any public service
effort in Anaheim’s history and with all the other activities that take place in the City, he feels it is difficult
to argue against getting a second opinion. He then addressed additional areas of concern from his
standpoint relative to the current process.
Council Member McCracken. She notes there is a motion on whether or not to continue this matter for
another two weeks but there are several individuals from ambulance companies in the audience who
plan to speak. She would like to hear from them and then close the public input. If Council Member
Lopez still wants two additional weeks after hearing them, that is agreeable to her. She then answered
from her perspective some of the concerns posed by Council Member Zemel and subsequently
reiterated that she would like to hear from the ambulance companies tonight, close the hearing and
perhaps two weeks from now make their decision.
Council Member Lopez confirmed for the Mayor that he would like to hear from the companies as well
this evening and then vote on the motion to continue.
Council Member Zemel. He feels it is unfair if there is going to be a continuance to have companies
come forward and “play their last card” at this time. If they are going to take a vote on the matter tonight,
it is proper to take input. If the companies want to give input knowing that the matter may be continued,
they should be given the opportunity to decide that themselves.
Mayor Daly. He asked to hear from those who would like to speak to this item.
Shirley Grindle, 5021 E. Glen Arran, Orange. Another of her issues besides the monitoring of campaign
contributions in Anaheim, Orange and at the County level is her interest in the County of Orange
procurement process. The County has a technical evaluation committee that reviews proposals and bids
for County taxpayer funded work much the same as the City has and they are going to institute placing
outside people on the committee as the City has done in this process. She has been present at Council
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 9, 1998
meetings a number of times in the past six or seven months and is curious as to why this matter keeps
getting postponed. She then explained the background work she had done relative to who the lobbyists
are of the firms bidding on the contract. Council Member Zemel works closely with Steve Sheldon who
has been involved in raising money from Medtrans. (Council Member Zemel interjected to make it clear
that he has been supported by every ambulance company in Southern California). She questions his
impartiality sitting on a Council and making a decision on a contract where a close ally of his, Mr.
Sheldon, is representing one of the bidders. She believes if Medtrans was the firm being recommended
by staff, he (Zemel) would not be asking for the whole process to be reworked again. It is her
recommendation that he not participate in this process.
The following representatives of the ambulance companies and others spoke and each gave their input
as summarized:
Dave Austin, American Medical Response (AMR), Director of Operations Metro South, 1890 S.
Bettmore, Anaheim. He introduced other representatives and employees of AMR who were present in
support of AMR (the incumbent ambulance company). About 30 people were present. They strongly
believe in and support the competitive bid process; however, they strongly urge cancelling the current
RFP process and to consider reissuing the RFP with an impartial, outside evaluation and oversight
group. He would like to introduce Doug Emsley and have him walk the Council through their concerns
based upon staff’s presentation as well as public information that continues to come to light on why the
process should be rescinded.
Doug Emsley, AMR. He posed a number of questions (see sheet submitted - AMR Questions - 1 through
9 - made a part of the record) which he also gave answers to basically refuting the answers given to the
questions by staff. Also submitted were a series of memorandums, a FAX message, and notes written to
and from City staff (made a part of the record) relating to their concerns.
John Baker, 6903 Shorecrest, Anaheim, Board of Directors, Leadership Anaheim. He spoke in support
of AMR. Whenever they can, they should “buy Anaheim.”
Michael Demos, President, Medix Ambulance, 1962 Lower Lake Drive, Santa Ana. He is in full support
of any effort on the part of the Council to further evaluate the responders to the RFP process. He will
reserve his final comments until those activities have been completed.
Shirley Cohen, Executive Director, Feedback Foundation. About two years ago, AMR adopted Feedback
Foundation as a community partner and since then, AMR has delivered about 22,500 meals by
ambulance during the holidays for the Feedback Foundation. On behalf of many elderly residents of
Anaheim who are helped by AMR, she urged that they be kept in Anaheim.
Jim Karos, Regional Manager, Schaefer Ambulance Service, 2215 S. Bristol Street, Santa Ana. They
would also support the Council reviewing the findings of the RFP and would like to have an opportunity
to once again come before the Council to express additional concerns they have. He then outlined some
of their concerns and also summarized their expertise in specific areas such as billing issues, number of
dedicated units, etc.
John Cumbara, President, Board of Directors, Feedback Foundation. He explained some of the many
good things that AMR has done of benefit to Feedback Foundation and senior residents of Anaheim.
George Heisel, 3833 Lamont 4-G, San Diego. He is speaking on behalf of Rural Metro today and also
propose to the Council to consider privatizing the RFP process. It is a complex and competitive process
and by bringing in a professional who can evaluate it would be a big win for the citizens. He then gave a
number of examples of what they could look at.
(A Mr. Bob Edwards spoke at this time but his issue related to Item A4. under the Consent Calendar of
tonight’s agenda. See his remarks under that item.)
12
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 9, 1998
Rick Richardson, one of the owners of CARE Ambulance, 8932 Katella Avenue, Anaheim. Their
company having scored first, he believes the process was a fair one. It is fairly common when a
company does not end up first, for the rest of the companies to say that something is wrong with the
process. He gave examples in two surrounding cities where this has occurred. Expert opinion has said
that CARE is the best company for the citizens. CARE is the only accredited ambulance company and
has hit 99 of the highest standards in the industry, the only company before them today that has done so.
They have a problem with rescinding and going through the process again. The City asked for creative
ideas and CARE did just that. Those innovative ideas are now public knowledge. To go back through
the process again, all of the competitors will “clone” their plan. It would be unfair to CARE since they are
the originators of those new and creative ideas. They would love to be the City’s provider and do the job
in Anaheim.
Public input was thereupon concluded.
Subsequently, extensive discussion and debate ensued upon a line of questions posed by Council
Member Zemel answered by Fire Chief Bowman. Council Member Zemel’s concerns and questions
centered around a number of issues but specifically -- experience of the ambulance companies, whether
it was required that the Medical Director be emergency medicine board certified, the number of 911
dedicated ambulances, training, maintenance, and the issue of conflict of interest of Wayne
Chamberlain, Fire Captain, who was heavily involved with the RFP process, the latter being of great
concern to him.
Relative to the latter, Chief Bowman made it clear that he told Captain Chamberlain in writing that he
would no longer be involved in the evaluation phase but authorized to continue on administrative issues,
running meetings, dealing with proposers and doing other things. By the time the issue surfaced again in
early February, he actually told him he would not be a part of the RFP at all because of the perceived
conflict. As of February when he (Bowman) got legal counsel on the issue, Captain Chamberlain had no
participation in the process. From the time they established the RFP on the street until today, he has
had no involvement in that process.
Chief Bowman then presented a slide to show the audience and remind the Council of the issue of
experience in the RFP process and the criteria that were subsets of the experience area. (See hard copy
of the slide - Scoring/Value Summary (Section 1 - Experience) for CARE, MEDIX, AMR, Rural Metro,
Emergency Schaefer.) He briefed each category and weighted value. Clearly 1/3 of the experience
category was how well the companies were rated by fire agencies that they suggested the City contact.
He emphasized, those were not Fire Department scores but scores provided by the raters as a result of
the information and report cards that the individual proposers suggested they visit. He does not know
how much more clear they can get; Council Member Zemel. What he wants clear is the question, is
experience in responding to 911 calls in the County important or not.
After additional dialogue between Council Member Zemel and Chief Bowman, the Chief stated, the
bottom line is, the scores were provided by the panel. This was not staff’s recommendation, but the
panel’s recommendation. Staff simply agreed with five independent people who evaluated the five
responders and came up with the numbers.
Council Member Zemel, speaking to the Chief, stated he (Bowman) told him at a Public Hearing one
time when the process was over, he was going to bring three names to the Council, all three that could
work. He asked the Chief if he felt he accomplished that.
Chief Bowman. He answered, yes and he brought in five instead of three. He feels any one of the five
companies could perform ambulance services in the City. He also said he was going to bring them a
challenge and that challenge was that he was going to bring them the best one and he has done that as
well.
Mayor Daly. Council Member Lopez made a motion for a two-week continuance. He called for the
question on that motion.
13
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 9, 1998
Council Member Tait. He will support the continuance but he does think the idea of a second opinion on
general principles would be good just to remove any doubt as to who would be the best provider.
Council Member Zemel. He is not asking for a whole new RFP process, but a matter of sending out the
work that the Chief and his staff has done to an outside, private person to review and based upon the
documentation, to see what the recommendation is. He would be willing to support that in conjunction
with the request for continuance.
A vote was taken on the motion to continue the matter two weeks. MOTION CARRIED.
Council Member Zemel. He would like to ask Council Member Lopez if he would include in his motion
his recommendation regarding an outside review.
Mayor Daly. He noted the motion to continue passes but will ask the City Manager to give his thoughts
on the outside review process.
City Manager Ruth. He first stated staff would like to share with the Council a letter dated June 9, 1998
just received by FAX from the County of Orange Health Care Agency, an outside agency already part of
the process signed by Mary Jo Vincent, RN, BSN, BLS Program Monitor, Emergency Medical Services.
(The first sentence in the last paragraph stated, “ I feel you and your staff have done an outstanding job
to ensure a fair and competitive process for the ambulance service providers in Orange County”.) He
continued relative to the request, because of the magnitude of the project and the involved process they
have gone through, it is going to be difficult for someone to come in in a very short period of time and
pick it apart to see if there are any flaws in the process. If they can find that kind of ideal person with that
kind of background experience, they will be happy to do that. Staff thought they basically had done that
with participation by the County. If the Council directs them to have somebody else look at the process,
they would be happy to do so but it is going to be very difficult.
Council Member Zemel. He feels it would be a good challenge and good public policy to find someone
who is independent or a group to do it.
Chief Bowman. Referring to the letter received this afternoon from the County, Mary Jo Vincent’s job is
to insure that fair and unbiased processes occur in accordance with RFP’s. She was involved in every
single phase of the process including the evaluation development, evaluation process and the oral
presentations. This letter stands to document that an independent person, not connected to the City or
staff in any way and who watched everything they did said that not only did they do a good job, but an
outstanding job of keeping the process fair and unbiased. He submitted the June 9th letter for the
record. He would also be happy to respond in writing to the barrage of questions raised tonight.
Mayor Daly. The proponents have been given an opportunity to speak and ask questions. The item has
been continued two weeks. During that time, if staff has any questions or suggestions, those can be
brought forward and the same for the Council.
Council Member Lopez. He asked the City Manager to make an appointment for him to talk to Mary Jo
Vincent of the County.
MOTION. Council Member Zemel. He suggested that they take a vote to see if there is interest in
directing staff to contact people who might be able to review the process. He moved that they ask staff
to find a couple of names outside of the County to review the proposal and offer a second opinion as to
who the new or existing ambulance service should be provided by. Council Member Tait seconded the
motion for purposes of discussion.
Council Member Tait. He feels perhaps the best solution is just a two-week continuance.
Council Member Lopez. During that time, he wants to talk to the representative from the County.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 9, 1998
Council Member Zemel withdrew his motion.
Mayor Daly. It sounds like a good idea, but asking staff to find that “magic” person who is unassailable
puts staff in a difficult position. There is a two-week continuance on the subject.
CONDITIONAL USE PERMIT NO. 1594, AND NEGATIVE DECLARATION:
B1.
OWNER:
Andrew Y. Lui, 500 North Brookhurst Street, Anaheim, CA 92805
LOCATION: 500 North Brookhurst - La Estrella Restaurant.
Property is 2.1 acres located at the
northeast corner of Alameda Avenue and Brookhurst Street.
To consider reinstatement of this permit by the modification or deletion of a time limitation. To
retain an existing restaurant with sales of alcoholic beverages for on-premises consumption.
ACTION TAKEN BY THE PLANNING COMMISSION
:
DENIED reinstatement of CUP NO. 1594 (PC98-77) (5 yes votes, 1 absent, and 1 vacancy).
Denied the previously-approved Negative Declaration.
Informational item at the City Council mee
ting of June 2, 1998, Item B4. Letter of appeal
submitted by Rick Blake & Associates, on behalf of the owner, Everado Godoy, La Estrella
Restaurant.
City Attorney White. There are two Conditional Use Permits for the property -- a dance hall and this one
for the restaurant portion. The question for the Council tonight is whether the Public Hearing is to be
handled by the Council or a Hearing Officer. He recommends it go to a Hearing Officer. Even though
the last time the Council reversed the Hearing Officer’s decision (re: CUP 3421), the Hearing Officer
prepared the findings and the record which expedites the process.
MOTION. Mayor Daly moved that the hearing on Conditional Use Permit No. 1594 be referred to a
Hearing Officer. Council Member Tait seconded the motion. MOTION CARRIED.
CONTINUED PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 352
D1.
134:
RECLASSIFICATION NO. 97-98-09 - WAIVER OF CODE REQUIREMENT - CONDITIONAL USE
PERMIT NO. 4000
TENTATIVE TRACT MAP NO. 15610 - REQUEST FOR CITY COUNCIL
REVIEW:
AND NEGATIVE DECLARATION
:
OWNER:
Dow’s Acreage, Attn.: Linda Kenski, P.O. Box 6295, Garden Grove, CA 92645-0252
AGENT:
The Olson Company, Attn.: Anna-Lisa Hernandez, 3010 Old Ranch Parkway, #400,
Seal Beach, CA 90740
LOCATION: 112 - 218 South Brookhurst Street
.
Property is 6.25 acres located on the east side
of Brookhurst Street, 216 feet south of the centerline of Lincoln Avenue.
General Plan Amendment No. 352:
To redesignate this property from the General Commercial
land use d
esignation to the Low-Medium Density Residential land use designation.
Reclassification No. 97-98-09:
To reclassify this property from the CL (Commercial, Limited)
Zone to the RM-3000 (Residential, Multiple-Family) Zone.
Conditional Use Permit No. 4000:
To construct a 68-lot (including 8 lettered lots) 60-unit
(advertised as 62-unit) detached RM-3000 condominium development with waivers of (a)
minimum dimension of parking spaces, (b) minimum recreational-leisure areas, (c) minimum
structural setback
abutting one-family residential developments, and (d) minimum private street
standards.
Tentative Tract Map No. 15610:
To establish a 68-lot, (including 8 lettered lots and 60
residential lots (advertised as 62-units)) subdivision for a detached RM-3000 condominium
development.
ACTION TAKEN BY THE PLANNING COMMISSION
:
Recommended GPA NO. 352 to City Council (PC98-52)
(5 yes votes, 1 absent, and 1 vacancy).
R97-98-09 GRANTED, UNCONDITIONALLY, (PC98-53).
(5 yes votes, 1 absent, and 1 vacancy).
CUP
4000 GRANTED (PC98-54) (4 yes votes, 1 no vote, 1 absent and 1 vacancy).
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 9, 1998
Approved, in part, waiver of code requirement waivers (a), (c) and (d) approved, and waiver (b)
denied (4 yes votes, 1 no vote, 1 absent and 1 vacancy).
Tentative Tract Map No. 15610 Approved.
Approved Negative Declaration.
Informational item submitted to Council from the Planning Commission meeting of April 13, 1998. Set
for a public hearing due to the General Plan Amendment.
Public hearing continued from the meetings of May 12, 1998, Item D2, and June 2, 1998, Item D1.
Mayor Daly asked if there was anything new to report.
Joel Fick, Planning Director. It is his understanding that a new plan has been developed by the applicant
which seems like an improvement but it had not been submitted to staff; they have not had an
opportunity to review it. He has been told some units have been removed. The developer was
examining two alternatives, one being removal of three units but adding some community features.
They were also exploring another alternative.
Mayor Daly. For the sake of those in attendance on this issue, he is going to suggest at least a one-week
continuance so that everyone can continue to meet, discuss and understand the changes made. He also
feels it would be helpful to allow the developer to speak relative to the changes.
City Attorney White. If this is going to be continued, he advised that this is the 180th day under the
Permit Streamlining Act. If the developer comes forward, it would be appropriate to ask him if he would
agree to waiving that time frame. If not, it would be necessary for the Council to act tonight.
Mayor Daly asked to hear from the developer.
Mr. Kerry Choppin, Olson Company. They would be open to discussing the project tonight or continuing
it. He thereupon submitted a new site plan (made a part of the record). They have met with WAND
twice since the last meeting before the Council (see minutes of May 12, 1998) and the project has also
been discussed with staff. They were only able to have the plan ready today. They have several options
in mind but wanted to present the option depicted in the exhibit submitted. They left the site plan intact
and removed units 41, 42 and 43 in the area of the pool, cabana and tot lot. WAND requested removal
of six units. They have removed one additional unit (from 2 to 3) since the last meeting with them. They
felt it was the best compromise from a design standpoint for the overall community and the surrounding
community. They have been able to incorporate as amenities into the development a swimming pool
and cabana with showers and bathroom facilities, a sauna and expanded the tot lot and the general
recreation area. They could not have eliminated six units and provided the amenities as well. They
have been working on the project for 180 days and have been through five Planning Commission
meetings. A number of items have been changed in the design of the site. This is the second meeting
before the Council. They would like to discuss the project tonight and possibly have a vote on it since
the changes are minor. There were comments last time about safety, play areas for children, etc., and
that is why they have expanded the recreation area. In addition, there are nine additional guest parking
spaces on the southern portion of the recreation area and also to the north end of the cul-de-sac. He
reiterated they would like to have a vote tonight. They believe they have support of staff. Rather than
pulling six units, they wanted to reduce it by three to 57 and include the amenities which they feel is a
beneficial change for the ownership within the development.
Mark Greenberg, CPA and partner in Dow’s Acreage. His grandparents bought the property in 1957.
Since November of 1992, they have been working hard to sell the property and it has been in and out of
escrow a number of times. They feel it is in the best interest of the community to have something like
this built. The Redevelopment Agency has said that they are anxious for this area to be redeveloped.
They are hoping it is possible to come to some kind of agreement and a vote on the project tonight. It
was also brought up previously that the Olson Company was paying too much for the property. They
have numerous documents to show that they are not and those can be presented to the Council this
evening but he feels it is not necessary since that is not the issue.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 9, 1998
Miriam Kaywood, long-time Anaheim resident of west Anaheim (former Council Member). When parking
areas are minimum dimensions, they are not going to be used and will result in street parking or other
innovative things will occur. Where an area is not attractive and not used properly, the owners move out
and rent the units and no one is there for control. Subsequently, a slum is created. It is reality and it has
happened time and again. They have to be very careful before the 5,000 sq. ft. lot is the minimum
square foot lot. If a project is going to be done, it should be all encompassing. It is not possible to add
something later because the space is not there. Homes that attract children have to have play space.
There is no space if it is on a 3,000 sq. ft. lot. Paying too much for the land is what drives the way the
development goes in. This should not happen again in Anaheim because it will just cause the problems
that occurred in the past and project them into the future.
Esther Wallace, WAND. (Also see input given at the meeting of May 12, 1998.) They met with Mr.
Choppin several times and talked about the cost of building the homes. They are happy he is planning to
cut down on some of the units but are still concerned about the density. They have several builders
coming in looking to build single-family homes on RM3,000. They would like to see this designated as
RS5,000. They could build a maximum of 54 units which is what they want on the property. Overflow
parking can be a very big problem. There is no place to park on Brookhurst. They also understand if an
RM3,000 designation is given to the property and something should happen to the project, the RM3,000
designation stays with the property. They would like to request RS5,000.
Linda Kenski, Kenski Properties representing Dow’s Acreage. They have been trying to sell the property
for some time. Since the property has been in escrow for so long and because there have been so many
extensions, the City needs to make a decision. It could be that Dow’s Acreage is going to decide to
leave the property as is. They would like to see Redevelopment improve the property but their option
would be to leave it as is and keep the fence around the land to prevent people from dumping on it.
Bernard Dow, 2982 Druid, Rossmoor. They can rent what buildings they have there at a cheap rate and
make more money than they can selling at this price and putting the money in Treasury bonds. It is
ridiculous for them to sell it for any less than what they are asking. However, they want to get the area
developed.
Judith Ann Gollette, 649 S. Roanne, Anaheim, member of WAND. (Also see input given at the meeting
of May 12, 1998.) The reason they are opposing the development is density. The lot size has never
been increased. When they asked for RM3,000, they asked them to keep to at least 4,000. That has
never been addressed. They have taken out three homes and decreased the amount of the occupancy
but not the square footage of the land. One of her main concerns is the traffic volume and parking which
she briefed as she did at the previous hearing. The amenities are nice for resale value but it comes
down to the issues of density, traffic, parking and safety. She confirmed for Council Member Tait that
she would be in favor of the project if it dropped to 54 units and also clarified for the Mayor that she
believes housing would be the best development on the property at this time.
Summation by Applicant: Kerry Choppin. This is a very good development for the City. They are willing
to make the compromise to 54 units but cannot include all the amenities if they do. If they are talking
about three units, the difference vs. the amenities will provide for the ownership on the interior, they felt
this was the best plan. He would like to leave the economics aside. Commercial is not going to function
on that site. Most people from WAND stated that they would like to have residential. Redevelopment is
in support and Planning is in support. If the Council wants them to do 54 units with a slightly reduced
recreation area without the pool, they can do that. He would like feedback from the Council.
Mayor Daly. He suggested that they continue a decision for one week to give a chance for the developer
to sit down with City Planning staff, look at the options, meet with the neighborhood group, lay out the
choices and then the Council can make a decision.
Additional discussion and questioning followed between the Mayor, Council Members and Mr. Choppin
regarding CC&R’s for the project, specifics of the RM5,000 designation, the 20-year old Anaheim Shores
project, amenities vs. less units, etc.
17
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 9, 1998
MOTION. Mayor Daly moved to continue the Public Hearing for one week. Council Member Zemel
seconded the motion. MOTION CARRIED.
CONDITIONAL USE PERMIT NO. 4018 AND NEGATIVE DECLARATION:
D2.
179:
OWNER: WATERS FAMILY TRUST, Attn: Norbert Waters, 12132 Morrie Lane, Garden Grove,
CA 92840
LOCATION: 2521 East Ball Road
. Property is 1.89 acres located at the northeast corner of Ball
Road and Sunkist Street.
To permit the expansion of an existing restaurant with on-premises sale and co
nsumption of beer
and wine.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
CUP NO. 4018 APPROVED (ZA DECISION NO. 98-10).
APPROVED Negative Declaration.
Informational item at the City Council meeting of May 12, 1998, Item B2.
Review of the Zoning Administrator’s decision requested by Council Member Lopez and Mayor
Daly.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News - May 28, 1998
Mailing to property owners within 300 feet - May 20, 1998
Posting of property - May 22, 1998
STAFF INPUT: See Staff Report of the Zoning Adminstration dated April 23, 1998 and also
supplemental report from the Planning Department dated June 9, 1998.
Annika Santalahti, Zoning Administrator. She reported that Mr. Waters met with Planning staff earlier
this evening and brought up an issue that staff had not considered. The concern he has is with people
who park and hang over the parking which they are allowed to do a bit. The conclusion they came to to
improve and enhance the landscaping is to increase the number of trees to the equivalent of one tree per
20’ along the frontage of Ball Road which would basically comply with the current code possibly with a
different species and to space them not always 20’ apart. He is willing to do that. It would allow the
grass to remain. There are about 12 trees there now and there would instead be approximately 25 or 27.
Photographs were taken of the west wall showing what it looks like when standing on the other side of the
property showing the trees. If interspersed with another type of tree, it would make it look a lot better. In
some cases, trees would be up to 50’ apart.
Mayor Daly asked ultimately what she would suggest to improve the landscaping at this corner.
Ms. Santalahti recommended that existing condition No. 20 be amended requiring compliance with
Condition No. 19 and 22, with the latter being a new condition (No. 22) providing for additional trees
adjacent to Ball Road for a total of up to 27 trees. The condition also sets out the ratio, species, size and
location and that the landscaping plan be approved by the Planning Department. The other conditions
imposed would remain the same.
Mayor Daly opened the Public Hearing and asked to hear from the applicant and/or anyone else who
wished to speak.
Mr. Norbert Waters, Waters Family Trust, confirmed that he is in accordance with what the Zoning
Administrator would like to see on the property and as stated by her.
Mayor Daly closed the Public Hearing.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 9, 1998
Before concluding, Ms. Santalahti confirmed for the Mayor that with the new condition added, there
would be an increase of 10 - 12 trees.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION:
On motion by Mayor Daly,
seconded by Council Member Lopez, the City Council approved the Negative Declaration upon finding
that it has considered the Negative Declaration together with any comments received during the public
review process, and further finding on the basis of the initial study and any comments received that there
is no substantial evidence that the project will have a significant effect on the environment. MOTION
CARRIED.
Mayor Daly offered Resolution No. 98R-107 for adoption granting Conditional Use Permit No. 4018
amending Condition No. 20 and adding new Condition No. 22 as articulated by the Zoning Administrator.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
GRANTING CONDITIONAL USE PERMIT NO. 4018.
Roll Call Vote on Resolution No. 98R-
107
for adoption:
AYES:
MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 98R-
107
duly passed and adopted.
VEHICLE LICENSE FEE TAX:
C1. 114:
Discussion requested by Council Member Bob Zemel at the
Council Meeting of May 19, 1998, Item C4. regarding Governor Wilson’s vehicle license fee tax break.
This matter was continued from the meeting of June 2, 1998 to this date.
Council Member Zemel. This is an item he asked to be placed on the agenda along with a resolution of
support to provide a much-needed tax break on the car tax. The current car tax revenues that go to
Sacramento do not go to working on roads or anything it would be expected to go to. He personally is
supportive and has met with the Governor and talked to him about it. Over the next five years, it is
possible to reduce the tax down next to nothing.
MOTION. Council Member Zemel moved to adopt the proposed resolution supporting the Governor’s
Vehicle License Fee (VLF) reduction proposal. Council Member Tait seconded the motion.
Before a vote was taken, Mayor Daly stated this is a proposal by many officials in California to reduce
the vehicle license fee which he feels is a good idea. His concern is that all the adequate protections be
built into the proposal. Under some scenarios, the City could lose $12 million dollars a year. Until there
is a clear picture in Sacramento as to the guarantees they must have as a City, he believes they need to
be careful before they risk that loss of revenue. Sacramento does not have a good track record in terms
of sharing tax revenues with the City. He would like to put forward a substitute motion that this item be
continued for 30 days pending the outcome of negotiations in Sacramento to guarantee backfill revenue.
It is necessry that they receive confirmation on that.
MOTION. Mayor Daly moved that the item be continued 30 days pending the outcome of negotiations in
Sacramento and giving an opportunity to allow the City to work with its representatives in Sacramento to
assure the guarantees of backfill revenue. Council member McCracken seconded the motion.
Phil Knypstra. He favors the cut in DMV fees. It is even more onerous than taxes on property. He
believes regardless of what they feel is going to happen with the $12 million, the issue is -- is it a fair tax
or a burdensome tax. He feels it is by far the most burdensome tax they pay. They are going to have to
go on record one way or the other on this issue. If they do not act, then the initiative process will act and
it will be more severe. If the politicians do not change this, the people will.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 9, 1998
Council Member Tait. Any time someone makes a proposal to get money out of Sacramento and back
into the hands of the residents, they ought to be for it. It also promises backfill from the general fund.
For that reason alone, they ought to support this and go on record.
Council Member Zemel. He feels they have to represent the citizens in saying yes. He asked the Mayor
to withdraw his motion of continuance and get the original motion back on the table.
Mayor Daly. He has heard different stories about whether the Governor will support a Constitutional
amendment or not to make it rock solid (so that there will be no loss of revenue to the City). Until they
have answers to those questions, it is necessary to have more information.
A vote was then taken on the motion of continuance of the matter for 30 days and carried by the
following vote: Ayes: McCracken, Lopez, Daly - No: Tait, Zemel.
REPORT ON CLOSED SESSION ACTIONS:
C2.
112:
City Attorney Jack White stated that there are no actions to report.
COUNCIL COMMENTS:
C3.
114:
NAMING OF CITY FACILITY AFTER PRESIDENT REAGAN: Council Member Zemel asked the status
of his request to name a street, park or City facility or in some way honor former President Ronald
Reagan. He would like to re-energize that effort and perhaps the City Manager could put a group
together.
Mayor Daly. His suggestion is, there are many elementary schools named after former Presidents. He
feels it is appropriate to ask the Elementary School District if they perhaps might want to consider
naming some of their future schools after President Reagain. It is in keeping with past tradition within the
City.
* * * * * * * * * * * * * * * * * * * * * *
SOB ISSUES: Council Member Zemel. He asked that John Poole, Code Enforcement Manager or the
City Attorney investigate a new video and X-rated lingerie establishment that opened at Lincoln and
Euclid around 1775 W. Lincoln called Jezebels. He does not know how that business fits into the City’s
Sex Oriented Business ordinance. Also in the same center, he took a tour and one of the business
owners complained the liquor store is selling right behind where the cashier stands razor blades and
jewelry bags which are used as paraphernalia items to divide up cocaine. He would like to get a report
on what the law is on that and is it being enforced.
Another issue is relative to the selling of obscene material in news racks. He believes they are going to
have another task force meeting and will get a report on the newsstand issue. He has not seen anything
on that as yet; City Attorney White. They are working on it at present.
Council Member Zemel reported that the last issue relates to a recent newspaper article in Fountain
Valley and Costa Mesa dealing with the licensing of massage therapists in their cities. Comments were
made by these cities that the restrictions will probably push them into other cities. Perhaps they are
getting even because of Anaheim’s INS program which has been successful in reducing crime in
Anaheim. Perhaps they can short-stop a future problem and be proactive rather than reactive if these
businesses start opening up in Anaheim.
City Attorney White. He saw the articles and has made some inquiries. His thought is to address the
issue at the next task force meeting. He can give a report to the Council as well.
* * * * * * * * * * * * * * * * * * * * * *
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 9, 1998
ELI HOME: Council Member Zemel. He was watching TV a couple of weeks ago and there was an OCN
segment on the Eli Home with Council Member Lopez speaking saying there had been reports of
domestic abuse within the Eli Home and certain members of the Police Department had leaked
information to him. The impression he got was that there was confidential information given to a Council
Member of calls indicating the house wasn’t considered to be safe inside. He would like to know who
those Police Officers are or what the allegations of abuse are, is there any substance to it, were there
any Police reports, calls, etc. If there is a second set of calls that aren’t available to those who are not
Police Officers, and if the information is true, he would like to have it because that might change his view
since he supported the Eli Home. If there are Police reports of child abuse, those should be made
available to all five Council Members. If it is confidential and not supposed to be made available to any
of them, he would like to know if those officers should be disciplined for leaking confidential information.
He needs the whole picture of that issue legally.
City Attorney White. He is going to need help through the City Manager’s Office on that since the Police
Department is under his jurisdiction.
* * * * * * * * * * * * * * * * * * * * * * *
Council Member Tait. He noted that on one of the land use items discussed today, the Council was
supplied with a photograph of the property. He found it to be very helpful and suggested that there be a
picture provided of each land use item that comes before the Council.
* * * * * * * * * * * * * * * * * * * * * * *
Council Member McCracken. She requested an update on the status of the Veteran’s Memorial project;
City Manager Ruth. He received a memo on the issue this afternoon and will be glad to give her an
update.
ADJOURNMENT: By general Council consent, the City Council Meeting of June 9, 1998 was adjourned.
(8:45 P.M.)
LEONORA N. SOHL
CITY CLERK
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