1998/10/13ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 13, 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
DEPUTY CITY MANAGER: Tom Wood
SENIOR PROJECT MANAGER: Kristine Thalman
PLANNING DIRECTOR: Joel Fick
CODE ENFORCEMENT OFFICER: John Poole
PUBLIC UTIL. ASST. GENERAL MANAGER ELEC. SER.: Dale Tarkington
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 11:55 p.m. on
October 9, 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 3:00 p.m.
REQUEST FOR CLOSED SESSION:
City Attorney Jack White requested a Closed Session noting first that there were no additions to
Closed Session items.
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
There were no public comments relative to Closed Session items.
The following items are to be considered at the Closed Session.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
1.
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.
ANNUAL PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS:
2.
Titles: City Manager, City Attorney, City Clerk, and City Treasurer.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
3.
54956.9 (a) - EXISTING LITIGATION:
Name of case:
In the matter of City of Anaheim, et al. U.S. Securities and Exchange
Commission
Administrative Proceeding File No. 3-9739.
THREAT TO PUBLIC SERVICES OR FACILITIES:
4.
CONSULTATION WITH: Chief of Police.
RECESS:
Mayor Daly moved to recess into Closed Session. Council Member Lopez seconded the
motion. MOTION CARRIED. (3:07 p.m.)
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 13, 1998
AFTER RECESS:
Mayor Daly called the regular Council meeting of October 13, 1998 to order at 5:27 P.M. and
welcomed those in attendance.
INVOCATION:
Pastor Stan Sewell of the Power Community Church gave the invocation.
FLAG SALUTE:
Council Member Tom Tait led the assembly in the Pledge of Allegiance to the Flag.
PROCLAMATIONS:
119: The following Proclamation was issued by Mayor Daly and authorized by the
City Council.
Make a Difference Day in Anaheim - October 24, 1998
RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT
ANOTHER TIME:
DECLARATION of condolence for the family of Gene Autry.
FINANCIAL DEMANDS AGAINST THE CITY
in the amount of $6,795,318.44 for the period ending
September 29, 1998 and $4,756,729.17 for the period ending October 3, 1998, and $3,015,741.42 for the
October 12,1998 in accordance with the 1998-99 Budget, were approved.
Mayor Daly recessed the City Council meeting until after the Anaheim Housing Authority meeting. (5:29
p.m.)
Mayor Daly reconvened the City Council Meeting (5:30 p.m.)
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST
Lena Tapia, 2950 Lynrose Drive, Anaheim. She is speaking relative to the proposed cul-de-sac at Rome
Drive and Beach Boulevard. This will affect all of the residents living in the community of Lynrose and
the more than 300 children in the vicinity. They were never informed the cul-de-sac was going to be
built. They are very concerned it is going to inconvenience hundreds of people with little or no benefit in
doing so. It will limit access to families transporting their children to the school and also emergency
access to the school. (She explained the alternate route that would have to be taken.) It will also put
more traffic on Beach Boulevard which is already heavily travelled. This is a public street and as
taxpayers they should have complete access. They would like to have a study done relative to the
feasibility of the closure. It will be a big detriment to the area and neighborhood which has a lot of
working parents. They would like the Council to help them. Many residents have lived at Lynrose Manor
for many years. It will be a hardship for her to have to travel the alternate route to drop her children off
at school and get to her place of employment. She again urged the Council’s help and perhaps have a
study done.
Mayor Daly. They will ask the City Manager to give a status report on where the proposed cul-de-sac is
in the system; City Manager Ruth. He will be happy to give a report no later than next Tuesday.
Mrs. Tapia stated that the residents are getting nervous because they see heavy equipment in the area.
There are disabled children who attend the Baden Powell School. The closure will limit access of
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 13, 1998
emergency assistance to those children. It is presently the only route where emergency vehicles can get
to the school as soon as possible.
Mayor Daly. He referred to the letter of October 8, 1998 that was submitted on the matter attached to
which was a petition from the residents at 2950 W. Lynrose Drive. He suggested that the City Manager
prepare a response to the points raised with a report back to the Council.
(A copy of the letter/petition was again also submitted and made a part of the record.)
* * * * * * * * * * * * * * * * * * * * *
Rudy Escalante. There are concerns in his community, the first having to do with the construction of
spray booths and a new oven to be used for the manufacture of metal enclosures and cabinets proposed
at 525 South Street. He referred to letter dated September 14, 1998 from the South Coast Air Quality
Management District which was a Notice of Intent to Issue “Permits to Construct” Pursuant to Rule 212
(Applicant, APW Enclosures, Inc.). These facilities are next to the Thomas Jefferson School. Their
concern is that they never received any notices from the City that this was going to happen. They only
received a card saying that they were going to install a wrought-iron fence in the perimeter. What they
are against is that the company is going to install facilities that will be emitting pollution into the air in a
residential area with a school close by. They have gathered 105 signatures from residents of the
community expressing their opposition.
Mayor Daly. He is going to ask the City Manager to investigate the proposal. He wanted to know if it
was his (Escalante’s) understanding that an application has been applied for but not yet approved.
Mr. Escalante. The Air Quality Management District already has done their test and approved the
application. He is not an expert on environmental problems but knows when something is wrong. There
is also a metal cleaning company not far from the same area. This will be compounding the problem of
emissions into the air. He does not know if that was considered when the subject application was
submitted.
Mr. Escalante then broached another concern. He lives on S. Philadelphia Street and is on the Anaheim
Colony Neighborhood Council which runs from South Street all the way to LaPalma. The City has
received $9 million dollars and they are using the money to beautify the area. He is all for it but the
concern of the residents is that their area has been excluded from all the improvements that are going to
be made -- new lights, fixing sidewalks, etc. They are beautifying the City everywhere else except their
area. The answer he was given at one of the neighborhood meetings is that they are outside the
boundary. They deserve the same services that everybody else gets.
Mayor Daly. He will ask the City Manager to report back on that question as well, i.e. the status on what
the various neighborhood improvement projects are that can be applied to the Anaheim Colony
Neighborhood; Mr. Escalante asked if South and Water Streets are included in the Master Plan.
Mayor Daly. They should be in the Colony District and, if so, it seems that the neighborhood
improvement programs that apply to that district should apply to his neighborhood; Mr. Escalante stated
they used to be called the Citron Neighborhood Council. The boundaries were then changed and the
name changed to the Anaheim Colony Neighborhood Council. He hopes they include them on the plan.
Mayor Daly reiterated he will ask the City Manager to look into the matter.
Oscar Caballero. He is representing the Hispanic people on this issue. What is going to be built in front
of the school will affect their children. Everybody is afraid of it. Ninety percent of the children in Thomas
Jefferson are Hispanic. He would like the Council to send a letter to the South Coast Air Quality District
in Spanish so they know what is going on. He has with him 105 signatures. They do not want a factory
where it is planned. There is enough pollution already. In answer to the Mayor, he said the school said
they cannot do anything about it.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 13, 1998
Mayor Daly stated the Council needs to have more facts which they will request from staff.
A young daughter of Mr. Caballero then spoke stating that the kids at the school don’t know what is going
on. Everyone is worried about what is happening. They would like something done.
Mayor Daly. They will do their best to get the facts on the matter. It is unclear what has been proposed
and what company is involved. It would be helpful to know what regulatory powers the City government
has in this matter. He reiterated, they will ask the City Manager to bring the facts back to them. He also
asked the City Manager to contact the school Principal. He does not believe the Council has received
any correspondence from the shcool or the School District.
* * * * * * * * * * * * * * * * * * * * *
Linda Dunlap. She is with an organization called Project Dignity, 12020 Chapman Avenue #257, Garden
Grove 92840. She has come to thank the City for taking the article that came out about their motel
children on August 2 very seriously and very caring. Lynn Smith of Human Resources has been moving
forward to help them to try to feed the children. She then thanked all those on City staff and members of
the Fire Association for the assistance given. They work in nine motels and are expanding very rapidly.
One is the Covered Wagon Motel on Beach Boulevard. They have 94 rooms with 64 children in those
rooms. She understands the City has been working with the owners to try to clean it up.
* * * * * * * * * * * * * * * * * * * * *
Mr. Dalrymple, Victory Outreach Church, 410 S. Euclid Ave., Anaheim. They have been in Anaheim for
the last five years and are reaching out to the community. Anaheim and Victory Outreach have united in
a number of things. What they need now is a building. Anything the Council/City can do to help them
out in obtaining a building would be appreciated. (See letter Mr. Dalrymple submitted before the meeting
outlining the purpose of Victory Outreach Ministries, recent activities and their request for assistance in
finding a building of approximately 15,000 sq. ft. - made a part of the record).
Mayor Daly. He acknowledged the letter submitted. They will be mindful of the needs and advise of
opportunities that may arise.
PUBLIC COMMENTS - AGENDA ITEMS:
Public comments were received on item B2. See comments under that item.
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for
the Council meeting of October 13, 1998. Council Member Zemel seconded the motion.
MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A30:
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-208 through 98R-215, both inclusive, for adoption.
Mayor Daly offered Ordinance No. 5651 for first reading. Refer to Resolution 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:
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 13, 1998
a. Claim submitted by Amber Smith for bodily injury sustained purportedly due to actions of the
City on or about June 21, 1998.
b. Claim submitted by Steven & Brieanna Stilwell for bodily injury sustained purportedly due to
actions of the City on or about May 7, 1998.
c. Claim submitted by Rosalba Bradford for property damage sustained purportedly due to
actions of the City on or about December 10, 1997.
d. Claim submitted by Matthew Hsu for property damage sustained purportedly due to actions of
the City on or about March 14, 1998.
e. Claim submitted by State Farm Insurance, Insured: Reich for bodily injury sustained
purportedly due to actions of the City on or about April 14, 1998.
f. Claim submitted by Lorne M. Schlotzhauer for property damage sustained purportedly due to
actions of the City on or about August 14, 1998.
g. Claim submitted by Arnulfo Medrano for property damage sustained purportedly due to
actions of the City on or about July 22, 1998.
A2.156: Receiving and filing the Anaheim Police Department Crime and Clearance Analysis for the
month of August, 1998.
105: Receiving and filing minutes of the Budget Advisory Commission meeting held August 19,
1998.
105: Receiving and filing minutes of the Anaheim Private Industry Council meeting held August
27, 1998.
105: Receiving and filing minutes of the Golf Advisory Commission meeting held August 27,
1998.
105: Receiving and filing minutes of the Anaheim Redevelopment and Housing Commission
special meeting held August 26, 1998.
128: Receiving and filing the Monthly Financial Analysis for one month endedJuly 31, 1998, as
presented by the Finance Director.
A3.175: Awarding a contract to the lowest responsible bidder, Lamb Engineering and Construction
Company, in the amount of $1,099,491.58 for Southwest/Fairmont Substations Expansion &
Upgrade; 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.
A4.164: Approving Contract Change Order No. 1, in the amount of $46,387.80, in favor of Paulus
Engineering, Inc., for the Gilbert Street Sewer Improvements from Lincoln Avenue to Orange
Avenue.
A5.164: Approving Contract Change Order 1, in the amount of $71,778.29, in favor of Matthew and
Stewart Company, Inc., for the removal and reconstruction of two storm drain laterals at Ball
Road.
A6.175: Approving Contract Change Order No. 1, in the amount of $113,740.74, in favor of Steve
Casada Construction Company, for the I-5 Segment A2 Watermain and Facility Relocations; and
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 13, 1998
authorizing the Director of Public Works to Execute Contract Change Order No. 1, and any
related documents.
A7.170: Approving the Final Map of Tract No. 15418, and authorizing the Mayor and City Clerk to
execute the same. Tract No. 15418 is located at the northeast corner of Pauline Street and
Adelle Street, and is filed in conjunction with Reclassification No. 97-98-01, with the developer
being Kaufman & Broad.
A8.170: Approving the Final Map of Tract No. 15587, and authorizing the Mayor and City Clerk to
execute the same. Tract No. 15587 is located at the northeast corner of Cypress Street and
Olive Street, and is filed in conjunction with Reclassification No. 97-98-01, with the developer
being Kaufman & Broad.
A9.106: Amending the FY 1998/99 Public Works Department Capital Improvement budget to
incorporate $198,000 from the State of California, Department of Transportation (Caltrans), for
the Imperial Highway Smart Street Widening Improvement Project to cover street reconstruction
and contingency costs within the State Right-of-Way.
123: Approving the Cooperative/Contribution Agreement No. 12-341 with Caltrans for
theImperial Highway Smart Street Improvements from 184 meters north of SR-91 Freeway to
135 meters south of Santa Ana Canyon Road within the City of Anaheim.
A10.158: Approving the Acquisition Agreement of real property located at 1055 and 1057 West Ball
Road (R/W 5240-5) - Ball Road and West Street and the Anaheim Resort Area Improvement
Project; authorizing the Mayor and City Clerk to execute said Agreement; and authorizing the
acquisition payment of $54,467.35 to Dali Travel, Inc., A California Corporation.
A11.158: Approving the All Inclusive Settlement Agreement for real property located at 2101 West
Katella Avenue (R/W 5220-6) - Katella Avenue Smart Street Improvement Project; authorizing
the Mayor and City Clerk to execute said Agreement; and authorizing the acquisition payment of
$233,588.17 to Dennis A. Black and Dorothea J. Black, dba Dennis Black’s Painting.
A12.123: Authorizing Caltrans to proceed with awarding the Segment A5 project with the additional
costs incurred in the City’s portion of District Agreement No. 12-205 for the Gene Autry Way/I-5
Freeway HOV.
A13.105: Receiving and filing minutes of the Public Utilities Board meeting held September 3, 1998.
A14.169: RESOLUTION NO. 98R-208 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM approving the submittal of applications for thirty-nine improvement projects to the
Orange County Transportation Authority for funding under the Combined Transportation Funding
Program.
A15.158: RESOLUTION NO. 98R-209 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM accepting certain deeds conveying certain real properties or interests therein to
the City. (R/W 5180-32 A & B, etc.)
A16.158: RESOLUTION NO. 98R-210 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM accepting certain deeds conveying certain real properties or interests therein to
the City. (Ball Road/West Street Widening.)
RESOLUTION NO. 98R-211 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM accepting certain deeds conveying certain real properties or interests therein to the
City. (R/W 5348, etc.)
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OCTOBER 13, 1998
A17.108: ORDINANCE NO. 5651 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM adding Section 4.72.045 to Chapter 4.72 of Title 4 of the Anaheim Municipal Code
relating to regulation of taxicabs.
RESOLUTION NO. 98R-212 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM amending and restating certain fees to cover the cost of processing taxicab
operator permits.
A18.123: Approving a License Agreement with the Anaheim Senior Citizens Club, Inc., for a term of
five years, to utilize portions of the Downtown Community Center located at 250 E. Center Street
on a shared basis to provide recreational and social activities including bingo.
A19.000: Approving a partial fee waiver for the Buttons and Bows Square Dance Club of Anaheim
for a benefit event to be held at the Brookhurst Community Center on Sunday, March 14, 1999.
A20.140: Authorizing the Community Services Department to accept a grant for California Library
Literacy Services Act monies in the amount of $117,422 from the State Library; and increasing
the Community Services Department’s Library Services Division budget for both revenue and
expenditure in Fund 217 in the amount of $117,422 for Fiscal Year 1998/99.
A21.168: RESOLUTION NO. 98R-213 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM changing the name of Lin Court to Nevis Court.
A22.123: Approving an Agreement with the Orange County Health Services Agency for animal
control services for the period of July 1, 1998 through June 30, 1999, in an amount estimated
by the County of Orange to be $601,387 for fiscal year 1998/99 (precise costs to be based on
field, shelter and licensing actions), and authorizing the Mayor and City Clerk to execute said
agreement on behalf of the City; approving an amendment to the Planning Department
expenditure appropriations by increasing account number 101-418-2280-7825 by $59,093.
A23.155: Approving a Categorical Exemption for a helistop location to 3370 East Miraloma Avenue
(Anaheim Technology Center), Section 15300.1 of the California Environmental Quality Act
Guidelines, for this ministerial action relative to a permitted helistop relocation; and
approving the proposed helistop relocation subject to the following conditions: (1) That the
operation shall be limited to Twin Star 355 or Bell 214 helicopters or those which do not exceed
the gross weight and noise level signature of these aircraft; (2) That the operation shall be
limited to a maximum of four flights per month; (3) That no fueling, maintenance nighttime
flights, or overnight parking shall be conducted on the subject helistop site; (4) That the
helicopter approach path shall be limited to a heading which parallels the Carbon Creek Flood
Channel as the primary ingress/egress route; and (5) That use of this helistop facility shall be
limited for private company use only.
A24.177: Authorizing an application for the Orange County Emergency Food and Shelter Program
(EFSP XVII), in the amount of $20,000, and authorizing the Mayor and/or Executive Director to
execute the required certifications and application documents.
A25.123: Approving an Agreement with Principal Decision Systems International, Inc., for the
acquisition and installation of an automated staffing system and annual renewal of maintenance
agreement, in the amounts not to exceed $30,500 for the first year and $3,000 thereafter; and
authorizing the Fire Chief to execute said Agreement and renew maintenance contract at his
discretion.
A26.153: RESOLUTION NO. 98R-214 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM approving a Letter of Understanding between the City of Anaheim and the
International Brotherhood of Electrical Workers, Local 47. (Article 17 - Salary Relationships, and
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 13, 1998
Appendix “A” Wages for the job classification of Utilities Senior Customer Service
Representative, effective October 2, 1998.)
A27.175: Awarding a contract to the lowest responsible bidder, Pouk & Steinle, Inc., in the amount of
$655,064.25 for Construction of Underground District #32 - Peralta Hills Drive #1; 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.
A28.123: Approving an Agreement with Orange County Water District to pump additional
groundwater during winter months, and authorizing the Public Utilities General Manager, on
behalf of the City, to execute said Agreement and to take such actions as are necessary to
implement the Agreement.
A29.123: Waiving Council Policy 401, and approving an Agreement with Enterprise Automation
Advisors, Inc., in an amount not-to-exceed $80,000 for consulting services to assist the Public
Utilities Department in the development and implementation of the California Independent
System Operator Scheduling Interface Program; and authorizing the Public Utilities General
Manager on behalf of the City, to execute said Agreement and any related documents.
A30.171: RESOLUTION NO. 98R-215 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM rescinding Resolution No. 98R-178, and agreeing to a redistribution of property
taxes for Annexation No. 281 - The Katella Yard Annexation - to the City of Anaheim.
Roll Call Vote on Resolution Nos. 98R-208 through 98R-215, both inclusive, for adoption:
AYES:MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES:MAYOR/COUNCIL MEMBERS: None
ABSENT:MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 98R-208 through 98R-215, both inclusive, duly passed and
adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
5:00 P.M. - CONTINUED CONDEMNATION HEARINGS - ANAHEIM RESORT AREA
A31. 121:
IMPROVEMENT PROJECT:
To consider the adoption of resolutions finding and determining the public
interest and necessity to require condemnation of certain real property located on Harbor Boulevard
(Anaheim Resort Area), and authorizing the law firm of Rutan and Tucker, special counsel to the City, to
proceed with said condemnation action.
City Attorney White advised that the first course of action would be for the Council by motion to
terminate all proceedings in connection with Items 1 and 2 under this item as listed on the agenda.
MOTION. Mayor Daly moved to terminate all proceedings in connection with the action previously
proposed regarding R/W 5210-1 - Tropicana Motel at 1540 South Harbor Boulevard and R/W 5210-2 -
Park Place Inn at 1544 South Harbor Boulevard as recommended by staff. Council Member Lopez
seconded the motion. MOTION CARRIED.
Relative to Item 3, submitted was report dated October 8, 1998 from the Public Works Department
recommending adoption of a resolution of property on the north side of Freedman Way between Harbor
Boulevard and Clementine Street - Southern California Edison (R/W 5245-1A & B). This item was
continued from the meeting of September 22, 1998 to this date.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 13, 1998
Mayor Daly. This is the time and place for the hearing on proposed acquisition of property by eminent
domain in connection with the Anaheim Resort Area Improvement Project. The property involved is
identified as Item 3 under Agenda Item A31. on Page 8 of today’s agenda.
Mayor Daly asked for a staff presentation.
Natalie Meeks, Development Services Manager/Public Works. The resolution is for acquisition of the
property necessary for right of way for the above-named project. Staff is recommending adoption of the
resolution to move the acquisition forward but will continue to work with the property owner in order to
reach a settlement. (See Discussion portion of the October 8, 1998 staff report.)
Mayor Daly. In conducting the hearing, testimony will be taken separately from the owner of record or a
designated representative for the property . Testimony should be limited to the following issues only: (1)
Whether the public interest and necessity require the project; (2) Whether the project is planned and
located in a manner that will be most compatible with the greatest public good and least private injury;
(3) Whether the property sought to be acquired is necessary for the project; (4) Whether the offer
required by Government Code Section 7267.2 has been made to the owner or owners of record and, (5)
Whether the City has met all other prerequisites to the exercise of eminent domain in connection with the
property.
Property located on the north side of Freedman Way between Harbor Boulevard and Clementine Street
(Southern California Edison R/W 5245-1A & B). The Mayor opened the hearing and invited the owner or
representative for the property to address the City Council. There being no one present to speak, the
Public Hearing was closed.
Mayor Daly offered Resolution No. 9R-216 for adoption. Refer to Resolution Book.
RESOLUTION NO. 98R-216 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM FINDING AND DETERMINING THE PUBLIC
INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE
CONDEMNATION OF A PORTION OF CERTAIN REAL PROPERTY ON
THE NIRTH SIDE OF FREEDMAN WAY, BETWEEN HARBOR
BOULEVARD AND CLEMENTINE STREET (RW 5245-1A & B).
Roll Call Vote on Resolution No. 98R-216 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-216 duly passed and adopted.
5:00 P.M. PUBLIC HEARING - CERRITOS AVENUE - PERMIT PARKING ONLY:
A32.149:
To consider a resolution of the City Council of the City of Anaheim designating a certain street,
located on both sides of Cerritos Avenue from Ninth Street to Bayless Street, as “Permit Parking
Only” street. This street will be designated as Permit Parking Area No. 6 for which a valid
parking permit issued at a cost of $10 shall be required to park on Cerritos Avenue from Ninth
Street to Bayless Street.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 13, 1998
Mr. Nick Pasquale. He is one of the citizens who signed the request that the Council consider permit
parking. He is very much concerned about the parking because of the other area not too far from theirs.
He has already noticed many pickups and campers moving into their area parking overnight and in the
morning when they leave the vicinity, emptying their garbage out. He urged that they approve the permit
parking.
Mayor Daly. This action would start the process toward a permit parking zone on that section of Cerritos.
It was recommended by the Public Works Department as well as the Police Department and other
involved City Departments.
Mayor Daly offered Resolution No. 98R-217 for adoption. Refer to Resolution Book.
RESOLUTION NO. 98R-217 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DESIGNATING CERRITOS AVENUE FROM
NINTH STREET TO BAYLESS STREET AS A “PERMIT PARKING ONLY”
STREET.
Roll Call Vote on Resolution No. 98R-217 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-217 duly passed and adopted.
Mayor Daly. A representative of staff will continue to be in contact with the neighbors to let them know
all the procedures and schedule for formally installing the permit zone.
APPOINTMENT TO INVESTMENT ADVISORY COMMISSION FOR TERM EXPIRED JUNE
A33. 105:
30, 1998:
Continued from the meetings of July 14, July 21 and July 28, 1998 to this date.
Mayor Daly opened nominations for appointment to the Investment Advisory Commission for the new
term expiring June 30, 2002 (Powers).
Council Member Tait nominated Jack Schrader.
MOTION. On motion by Council Member Zemel seconded by Mayor Daly, nominations were closed.
MOTION CARRIED.
MOTION. Council Member Tait moved to appoint Mr. Jack Schrader to the Investment Advisory
Commission for the new term expiring June 30, 2002. Mayor Daly seconded the motion. MOTION
CARRIED.
Mr. Schrader was thereupon unanimously appointed to the Investment Advisory Commission.
BOARD AND COMMISSION ITEM - VACANCY - MOTHER COLONY HOUSE ADVISORY
A34.
BOARD:
Accepting a letter of resignation submitted on behalf of Florence Mitchell from the Mother Colony House
Advisory Board.
MOTION. Mayor Daly moved to accept the resignation of Florence Mitchell from the Mother Colony
House Advisory Board with regret. Council Member Zemel seconded the motion. MOTION CARRIED.
Mayor Daly. As is the normal process, the City Clerk will advertise that there is a vacant position to be
filled on the Board.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 13, 1998
CONDITIONAL USE PERMIT NO. 1594 - LA ESTRELLA RESTAURANT:
A35. 179: To consider the
adoption of a resolution pursuant to the Findings of Fact of the Hearing Officer to not reinstate
Conditional Use Permit No. 1594 (restaurant with on-premises sale and consumption of alcohol) -
LaEstrella Restaurant, 500 N. Brookhurst Street.
Submitted was report dated October 7, 1998 from the City Attorney.
City Attorney White. Pursuant to procedures established by the City Council, the Public Hearing was
referred to a Hearing Officer to consider the application of the property owner to reinstate the Conditional
Use Permit for the restaurant portion of the use. Previously, the Council had terminated the public dance
hall connected with this use. The Hearing Officer who conducted the hearing has submitted Findings of
Fact submitted September 25, 1998 with a recommendation that the application of the property owner to
reinstate the CUP for the restaurant which expired last August pursuant to conditions of approval of the
CUP, not be reinstated.
Mayor Daly offered Resolution No. 98R-218 for adoption denying reinstatement of Conditional Use
Permit No. 1594. Refer to Resolution Book.
RESOLUTION NO. 98R-218 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM TO NOT REINSTATE CONDITIONAL USE
PERMIT NO. 1594 (LA ESTRELLA).
Roll Call Vote on Resolution No. 98R-218 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-218 duly passed and adopted.
ITEM B1 FROM THE ZONING ADMINISTRATOR MEETING OF
SEPTEMBER 24, 1998 DECISION DATE: OCTOBER 1, 1998
INFORMATION ONLY - APPEAL PERIOD ENDS OCTOBER 16, 1998:
ADMINISTRATIVE ADJUSTMENT NO. 145 CEQA EXEMPTION SECTION {15061 (b)
B1.179:
(3)}:
OWNER: Kenneth T. and Rona W. Witt, 5950 Camino Manzano, Anaheim, CA 92807
AGENT: Lori Mary, A&R PLANS, 4280 Paseo De Oro, Cypress, CA 90630
LOCATION: 5950 Camino Manzano. Property is approximately 0.11 acre having a frontage of
50 feet on the south side of Camino Manzano, a maximum depth of 100 feet and located
approximately 740 feet southwest of the centerline of Avenida Palmera.
Waiver of maximum lot coverage to construct a 223 square foot family room addition to an
existing single family residence.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
GRANTED Administrative Adjustment No. 145 (ZA Decision No. 98-26).
AN ITEM FROM THE PLANNING COMMISSION MEETING OF
SEPTEMBER 28, 1998 INFORMATION ONLY:
CEQA EXEMPTION SECTION 15061(b)(3) CODEAMENDMENT NO. 98-03 -
B2.179:
AMENDMENTTO CHAPTER 18.02 (ZONING PROVISIONS) AND CHAPTER 18.12 (ZONING
ADMINISTRATOR):
City of Anaheim, 200 S. Anaheim Blvd., Anaheim, CA 92803, City Council
11
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 13, 1998
request for Planning Commission review of a draft amendment to Chapter 18.02 (Zoning
Provisions) and Chapter 18.12 (Zoning Administrator) pertaining to pot-bellied pigs.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommend to the City Council that the existing ordinance not be amended and that
enforcement of the ordinance be postponed for ninety (90) days to give time to present pot-
bellied pig owners to make arrangement for their pig outside the City limits. If Council wishes to
adopt the proposed draft ordinance, the Planning Commission recommended that the following
sections be added: (1) That the pot-bellied pig owners shall pay for the cost of each Code
Enforcement inspection related to validated Code violations.
(2) That pot-bellied pigs shall be kept on a concrete surface.
REPORT: City Attorney
See minutes of September 15, 1998 where the issue was first discussed and then continued from the
meeting of September 22, 1998 to this date.
Mayor Daly. This matter was referred to the Planning Commission for review and recommendation.
There is a staff report (see Staff report to the Planning Commission dated September 28, 1998) and an
ordinance prepared if Council wants to move forward. He then explained the procedure for the adoption
of ordinance, noting that it is a two-step process.
Kelly Moon, 335 N. Twintree, Azusa, CA 91702. (Also see her testimony given at the meeting of
September 15, 1998). She is a representative of Pigs Without Partners. She would like to address the
second issue under the action taken by the Planning Commission, that pot-bellied pigs shall be kept on a
concrete surface. This is in complete contradiction to a recommendation by Dr. Laurie Broderick who is
an expert. If the proposed amended ordinance was rewritten to exclude that restriction, they hope the
amended ordinance passes. If for some reason it does not, they would like the Council to consider
grandfathering in the existing pot-bellied pigs. This has been a long process. She appreciates the time,
effort and consideration they have put into the issue. They are concerned if they do not pass the
ordinance, they will be faced with quite a few pot-bellied pigs being dumped in the City and the impact
that will have.
City Attorney White, answering the Mayor, explained that the Council has three options. The first is to
concur with the Planning Commission that pot-bellied pigs not be a permitted accessory use on property
of less than one acre in size and to allow a grace period for existing pig owners. The second option
would be to adopt an ordinance to allow pot-bellied pigs and there are two alternative ordinances under
that option. One is the original proposed and introduced at the previous meeting. The second is one
that the Planning Commission has as their secondary recommendation which differs from the first in two
respects. One would require the pig owner to pay the cost of periodic Code Enforcement inspections and
would also change the yard/exercise area to require that be cement for sanitary purposes. The third
option is that if the Council still needs more information from staff or additional public input, they could
continue the item.
Council Member Lopez asked if the option relative to keeping of pigs on cement was detrimental to their
health. He also asked him to comment on option 1.
City Attorney White. The report from a Veterinarian who deals with pot-bellied pigs indicated in her
opinion requiring a concrete surface would be hard on the pigs feet and would be detrimental to their
health. Relative to option 1 which was without requiring the concrete surface, the first draft was
modified to take out the concrete surface based upon the letter received from the Veterinarian. The
Planning Commission decided, for sanitary reasons, that the concrete should be included.
Discussion and questioning followed wherein Mayor Daly and Council Members posed questions relative
to the provisions of the proposed ordinance(s) - re: if there were licensing requirements, fee
structure/process for Code Enforcement to answer complaints, number of complaints beside the one
received, if any, etc. Council Member Zemel noted that they are spending a lot of taxpayer’s money
12
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 13, 1998
working on this issue. Looking at the proposed new law, there are 11 major conditions imposed which he
proceeded to read which would be onerous from a Code Enforcement standpoint. He concluded, since
the type of regulation proposed is needed, perhaps they should leave the law the way it is. Taxpayers
are spending enough money dealing with crime that they should not be dealing with swine.
Mayor Daly. The City has been regulating dogs and other domestic pets for years either on its own or in
conjunction with the County. He asked how this would differ from the way Code Enforcement deals with
a situation of too many dogs on the premises or the like.
John Poole, Code Enforcement Manager. From their research they have found throughout the United
States, dealing with pot-bellied pigs is much more burdensome. They do have problems regulating dogs
and cats but not near the problems they would have with pot-bellied pigs if there were too many of them.
Mayor Daly. The ordinance proposes simply regulating the keeping of pigs and City staff would become
involved only if there was a complaint; Mr. Poole clarified that was correct.
Council Member Tait asked, in the past five years, how many complaints Code Enforcement has
received about pot-bellied pigs; Mr. Poole answered not more than one or two.
Mayor Daly suggested if they do go forward with the ordinance, that staff report back in three months and
again in six months as to the experience so that they can review the impact on Code Enforcement staff,
if any, along with any costs expended.
Council Member Tait. As he stated previously, he believes the ordinance staff drafted brings a pig from
being illegal to a well-regulated pick which is is good idea. Without that, the City would have to go out
and impound or take the pigs away from the owner when they haven’t really been a problem. The
ordinance strikes a good compromise. It insures the neighbors it will not become a nuisance and also
allows freedom to the owners. He feels it is somewhat of a property rights issue. He is going to support
the ordinance.
Mayor Daly. One of the ordinances can be adopted this evening. He asked if procedurally it would be a
hardship if they adopt the first ordinance and then next week adopt the second ordinance so that the
second would then replace the first rather than have another delay. He for one believes that the
alternative ordinance is better.
City Attorney White. The Council could do that. There would be one week where the first ordinance was
in effect and the second was not. It does not create a problem for him if the City moves forward the way
it has been suggested which is to adopt the ordinance (Ordinance 5650) tonight and next week consider
adoption of the alternate ordinance. They differ in only two respects -- paying the cost of a substantiated
complaint and a concrete play/exercise area.
John Poole then confirmed for Council Member Zemel that after the new ordinance is in effect, they will
send someone out to see if they comply.
Mayor Daly. The Planning Commission has dealt with the subject as well as City staff. There are pigs
that are domestic pets in Anaheim. He believes it is preferred to apply reasonable regulations to these
pets as they do with other domestic pets. The revised ordinance will be back to the Council next week
for a second and final reading. There will be a vote tonight on the ordinance previously prepared and
offered for introduction on September 15, 1998. His intention is to vote for the tougher ordinance on the
second and final reading.
Council Member Zemel. He will be voting no and opposing the kind of regulations proposed; Council
Member Lopez asked if they vote for this today, can they still vote down the amended ordinance since he
would not support the provision requiring a cement play/exercise area.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 13, 1998
City Attorney White. All the Council is voting on tonight is the ordinance introduced previously which is
the non-cement play area.
ORDINANCE FOR ADOPTION:
(AS PREVIOUSLY CONSIDERED)
(a)179: ORDINANCE NO. 5650 (ADOPTION) Amending Section 18.02.052 of Chapter 18.02 and
adding new Subsection .130 to Section 18.12.060 of Chapter 18.12 of Title 18 of the Anaheim
Municipal Code relating to zoning (Pot-bellied Pigs). (Introduced at the Meeting of September
15, 1998, Item B5, and continued from the meeting of September 22, 1998, Item B17.)
Mayor Daly offered Ordinance 5650 for adoption. Refer to Ordinance Book.
ORDINANCE NO. 5650 AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING SECTION 18.02.052 OF CHAPTER 18.12 OF TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (POT-
BELLIED PIGS).
Roll Call Vote on Ordinance No. 5650 for adoption:
AYES:MAYOR/COUNCIL MEMBERS: Tait, Lopez, Daly
NOES:MAYOR/COUNCIL MEMBERS: McCracken, Zemel
ABSENT:MAYOR/COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 5650 duly passed and adopted.
ORDINANCE FOR INTRODUCTION:
(With revisions suggested by the Planning Commission)
Mayor Tom Daly offered Ordinance No. 5652 for first reading.
(b) ORDINANCE NO. 5652: (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM AMENDING SECTION 18.02.052 OF CHAPTER 18.02
AND ADDING NEW SUBSECTION .130 TO SECTION 18.12.060 OF CHAPTER 18.12
OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (POT-
BELLIED PIGS).
REQUEST FOR REHEARING:
B3.
WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 4026, AND
179:
NEGATIVE DECLARATION:
OWNER:
EMIF, 1026 South Wall Street, Los Angeles, CA 90015
AGENT:
Hani El Haj, 944 South Brookhurst Street, Anaheim, CA 92804
LOCATION: 888 South Brookhurst Street. Property is 1.78 acres located at the northeast corner
of Brookhurst Street and Brookmore Avenue.
To establish a 4,727 square foot convenience market within an existing 24,341 square foot
commercial retail center with waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4026 GRANTED (PC98-101) (7 yes votes).
Approved waiver of code requirement.
Approved Negative Declaration.
Informational item at the meeting of July 14, 1998, Item B5. Review of the Planning
Commission’s decision requested by Mayor Daly and Council Member McCracken.
14
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 13, 1998
Public hearing continued from the meeting of August 11, 1998, Item D3.
At the meeting of September 1, 1998, Item D2, the Anaheim City Council Denied Conditional
Use Permit No. 4026 (Resolution No. 98R-184). A Request for Rehearing and Declaration of
Merit was submitted by the Agent, Hani El Haj.
Mayor Daly. This is a request for rehearing, simply the administrative process being exercised by the
property owner or the agent for the property owner.
City Attorney White. He has reviewed the request for a rehearing and finds there is nothing in the
request that would dictate a legal imperative for the Council to grant a hearing or that he would
recommed as the basis for the rehearing. It is discretionary with the Council. Much of the commentary
in the request is factually inaccurate. The Council has the option to grant the rehearing if they wish to do
so.
MOTION. Council Member Tait. Since he voted in favor at the previous Public Hearing, he is going to
move that a rehearing be granted. There was no second.
Mayor Daly. The motion dies for lack of a second.
MOTION. Council Member Zemel moved that the request for a rehearing on Conditional Use Permit No.
4026 be denied. Mayor Daly seconded the motion. Council Member Tait voted no. MOTION CARRIED.
ORDINANCE FOR INTRODUCTION:
B4.
ORDINANCE NO. 5653 (INTRODUCTION) Amending Title 18 to rezone property under
Reclassification No. 98-99-04 located at 1500 South Douglass Road (Arena Corporate Center)
from the RS-A-43,000 zone to the CO zone.
Mayor Daly offered Ordinance No. 5653 for first reading.
ORDIANCE NO. 5653 (INTRODUCTION) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO
REZONE PROPERTY UNDER RECLASSIFICATION NO. 98-99-04
LOCATED AT 1500 SOUTH DOUGLASS ROAD (ARENA CORPORATE
CENTER) FROM THE RS-A-43,000 ZONE TO THE CO ZONE.
CONTINUED PUBLIC HEARING - WAIVER OF CODE REQUIREMENT CONDITIONAL
D1.179:
USE PERMIT NO. 3915 AND NEGATIVE DECLARATION:
OWNER:
Hussein Berri, 16205 Hemp Circle, Fountain Valley, CA 92708
LOCATION: 1199
South State College Boulevard - Mobil Service Station). Property is 0.5 acre located at the
northwest corner of Ball Road and State College Boulevard.
Review of revised plans pertaining to the retention of an existing non-conforming billboard and
enlargement of the previously-approved car wash facility in conjunction with a previously-
approved service station and convenience market, with waivers of a) prohibition of addition to
non-conforming use - APPROVED, b) maximum area of monument sign - DENIED, c)
maximum monument sign width - DENIED and d) minimum structural setback from an arterial
highway - DENIED.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3915 APPROVED, IN PART (PC98-127) (6 yes votes, 1 vacancy).
Waiver of code requirement, APPROVED, IN PART, Waiver (a) APPROVED, and DENIED
Waivers (b), (c), and (d).
Negative Declaration previously approved.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 13, 1998
Informational item at the meeting of September 1, 1998.
Letter of appeal submitted by David A. Rose III on August 19, 1998.
Public hearing continued from the meeting of September 22, 1998, Item D3.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News - September 10, 1998
Mailing to property owners within 300 feet - September 10, 1998
Posting of property - September 11, 1998
Council Member Tait declared a conflict and will therefore, be abstaining from any discussion a decision.
(Council Member Tait left the Council Chamber temporarily - 6:50 p.m.).
Mayor Daly noted that the subject Public Hearing was continued to this date from the previous meeting
(see minutes of September 22, 1998). He asked if there were any questions of staff.
Council Member Lopez. There was a question on the length that the car wash extended. He asked if
that was resolved or not.
Joel Fick, Planning Director. The car wash is still being proposed to protrude 10’ into the setback area
along Ball Road. There is also a new waiver being requested which is not in concert with what the
Planning Commission approved.
Council Member Lopez. He inspected the property personally and noted the wall of the car wash is
almost next to the adjacent building. He asked if they would then be required to install (sound) insulation
of some sort and was that a part of the conditions.
Mr. Fick answered there is nothing required in terms of sound buffering. The City’s sound pressure level
ordinance states a maximum of 65 db at the property line. There was a lot of discussion from adjoining
property owners about the noise. The setback going out to Ball Road impacts that as well. Council was
interested in having additional information submitted by the applicant in that regard. Last Friday, they
received a one-page FAX of a diagram that implied it would be in compliance with noise requirements.
They would have to comply or the use would not exist.
Council Member Lopez. He asked if they would know approximately what the noise level would be or
wait until the business is in operation. He is concerned about the noise level and would hope that could
be resolved or tested prior to the business opening.
Mr. Fick stated that typically there would be a sound study submitted with an acoustical mode to project
what the sound levels would be at the property line. They have submitted a one-page diagram based
upon the specs of their original facility. It is not site specific.
Council Member Lopez stated he does not want to stop the business but reiterated that he would hope
the sound issue could be resolved through the Planning Department before the business is opened which
would be less expensive than trying to resolve it after the business is in operation. He is not going to be
able to move forward voting on the request until that has been handled.
Council Member Zemel. He concurs since noise was a big issue last week; Mayor Daly. He tends to
agree. He asked staff to summarize what information they need to have for a complete package so that
they would feel comfortable as well.
Joel Fick. They are comfortable with the recommendation before the Council. Even if the car wash
goes forward, it would have to comply with City ordinances relative to noise.
Mayor Daly asked if staff’s recommendation would allow the billboard to remain; Joel Fick. The central
issue is whether all or a portion of the project should be allowed to be constructed while the non-
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 13, 1998
conforming billboard is existing on the property and, secondly, whether the car wash should be allowed
within 10 additional feet into the Ball Road setback. The Planning Commission denied all the requested
waivers but allowed the billboard to remain only if the car wash component was removed from the
property. If it is removed, then the car wash can be constructed providing that the setback is even with
the existing service station building. Their recommendation is consistent with the Planning Commission
recommendation with the only addition that there were minor modifications to the plan submitted within
the last couple of weeks, most of which were minor enhancements. They have recommended some
minor modifications to some conditions to reflect those plans.
Mayor Daly, before asking if any citizens were again present to speak, asked if the applicant wished to
speak at this time.
David Rose, Regents Group, 3870 LaSierra Avenue, Ste. 193, Riverside. He submitted the one-page
diagram that was sent by FAX to staff noting that it was not specific to the site. He then proceeded to
address the other issues which were brought up at the previous meeting (see minutes of September 22,
1998) and what they had done to address the concerns expressed, specifically the drying of vehicles on
the adjacent property, the car wash sign, and the billboard. They have voluntarily closed the driveway
between Orange County Engines (adjacent property) and the subject property, put in a 5’ landscape
planter, and removed the car wash sign from the actual building so that it is not sticking out 10’ farther on
the site and relocated it on the convenience store building itself. The existing billboard would be
remaining. At that point it was not required to have a waiver. The Commisson approved that one item
and denied the other three items. The issue of the car wash is a major aspect and it is already built.
They are willing to address additional issues. One point that is relevant, the staff report indicates a 35’
setback from the car wash to the setback assuming that the critical intersection improvements are done
so it is actually 45’. The previous building that was there actually sat 5’ farther to the south so that when
critical intersection improvements are made, the previous building would have protruded 5’ further into
the setback. Even though Mr. Berri violated what the Planning Commission approved, they are actually
5’ farther back than would have been if the previous building remained in existence. Also, their
consultant is present and could speak on the issue of sound if the Council wished.
Mayor Daly. The Council mentioned they would like to see a sound study. Based on what Mr. Rose has
said, he asked if they wanted to hear more this evening or continue the item; Council Member Lopez
preferred to continue the matter as well as Council Member Zemel if there was a consensus.
Mayor Daly. The Council would like the benefit of more complete information in terms of a sound study;
Mr. Rose. He asked to confer with his client. If a continuance, they would like the shortest time frame
possible.
After additional discussion relative to the continuance, it was determined, in order to give staff time to
receive a sound study from the applicant, evaluate it and return to the Council, the shortest time frame
was two weeks.
Mayor Daly, on advice of the City Attorney, invited others who wished to speak to do so with the
understanding that it appears the matter will be continued two weeks.
Mr. Jeff Farano, Attorney, 2300 E. Katella Avenue, Anaheim. He is present representing the owners of
the industrial building in which Orange Engines is housed. They are present tonight in order to raise their
opposition to the project and are prepared to speak. They are not happy at having to come back
again;however, they will wait to voice their opinions until the applicant has an opportunity to produce a
sound study. Tonight, Mr. Rose also handed him a copy of the one-page diagram which does not appear
to be prepared by a sound engineer. It is not site specific and would have no relevance at all. They will
hold all remaining comments for the continuance.
Ron Apel, President, United Oil, 18525 S. Main Street, Gardena. They own the service station across
the street at 1201 State College. He has been in business for over 45 years and they have over 70
17
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 13, 1998
stations in Southern California. Mobil offered that property to them about 2 1/2 years ago but in checking
with the Planning Department who informed them of easements on both sides of the street, they had to
pass because there was no way to build a convenience store, car wash and gas station on that site. He
just came from the location and that service station is a completely different site than it was before. He
feels something should be investigated. He questioned how they can build without proper permits. He
elaborated on the things that were done on the site. The project was stopped mid stream because it was
being built without permits. He does not know how they pulled that off. He especially wants to talk about
the easements. They gave easements on both sides of the property(at 1201 State College), spent a lot
of money for landscaping, took away the ability to build a car wash, their ability to have a larger store,
and now have a lot of landscaping they didn’t really need to spend the money on that is affecting their
traffic flow. He questioned why the applicant is entitled to have a service station that will be in the
highway. He reiterated, tonight, he would like to find out what the situation is relative to easements.
Frank William Moreno, 1408 E. Burton, Anaheim. He is disappointed in the way things have been going.
They have been in business at the location for 26 years (next to the subject property). Contractors and
customers that come in cannot believe what is going on next door. He cannot understand how they
applied for a permit, submitted plans that were stamped and verified and yet alter the plans and prints.
He does not understand how somebody can violate the plans, the City lets them continue what they are
doing and they will probably end up doing what they want to do.
Mayor Daly explained that the project is stopped in its tracks and the applicant cannot go forward until
the Council says he can go forward. The property owner proceeded illegally and he was caught. All the
work has been stopped.
Mayor Daly then proceeded to close the Public Hearing; City Attorney White advised it should remain
open since it is going to be continued and additional testimony taken.
MOTION. Mayor Daly moved to continue the Public Hearing on Conditional Use Permit No. 3915 for two
weeks to October 27, 1998 which assumes the requested documentation can be submitted. Council
Member Lopez seconded the motion.
Before a vote was taken, Council Member Lopez asked if the building closest to the engine building was
approved and if it is legally OK; Mr. Fick answered that was correct. The one variation he would have to
add, and there are special circumstances, they are only legal with respect to the location from the
standpoint if the billboard were to be removed.
Council Member Tait was temporarily absent/declared a conflict.
A vote was then taken on the motion of continuance. MOTION CARRIED.
Council Member Tait entered the Council Chamber (7:25 p.m.).
PUBLIC HEARING - CENTURY COMMUNICATIONS CABLE TELEVISION FRANCHISE
D2.130:
FIVE YEAR EXTENSION:
At their meeting held September 22, 1998, Item A16, the Anaheim City Council adopted
Resolution No. 98R-195 declaring its intention to extend the Cable Television Franchise
Agreement with Century Communications Corporation.
To consider an ordinance approving a five year franchise agreement with Century Valley Cable
Corporation and Century Communications Corporation pursuant to Ordinance No. 4087.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News - October 1, 1998
Mayor Daly asked if the $50,000 payment per year is the same as past practice or something new.
18
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 13, 1998
Kristine Thalman, Senior Project Manager. This is something new and a part of the negotiation in order
to provide additional public outreach and public programming at a total of $50,000 per year or a total of a
$250,000 community fund. There were other payments in previous extension agreements, namely
compliance fees. In this instance, it is strictly a community funded grant.
Council member Zemel noted there did not appear to be any type of RFP (Request for Proposal) process
in order to receive competitive bids.
Kristine Thalman. Under the Federal Communications Act (FCA), cities are prohibited from soliciting
other cable companies from coming to the City unless having gone through a formal renewal process.
Advice from outside Counsel who was unable to be present tonight indicated it is very difficult to go out
for an RFP without going through the formal renewal process. It is a litigious process where a renewal is
negotiated in the courts. It is guided by Federal law and the cable company must have first option to
renew their franchise prior to extending the option to other companies. There can be competition. It is a
non-exclusive franchise and any other company could come into the City. At one time, they did have
competition between Jones Cable and Century Cable. Any other cable company can come to the
City;however this is an overbuild situation.
Council Member Zemel. People have complained before and Council Member Lopez has brought up on
several occasions that customer service and quality will be addressed at the time the franchise is up. He
is not saying they have any less than other cities but could have the very best at the very best rate.
However, he has been led to believe, perhaps erroneously on his part, that at the end of the five years
the way to address those issues is a bidding process. Ms. Thalman is saying the Federal government
precludes them from doing so.
Kristine Thalman. She understands under Federal law, it requires a City to negotiate in good faith with
the existing cable company and in that renewal process address some of the issues that may have come
up relative to service to the citizens. If issues cannot be resolved, they can go through the formal
renewal process and she is assuming go out to bid.
City Attorney White. He advised, after taking the evidence in tonight’s hearing, if there are questions on
the legal procedures and the FCA limits, that they continue the matter until the legal experts can be
present. The issue is a complex one and he is not an expert in this matter. He reiterated, the Council
could take testimony tonight and if they choose to do so, they can then continue the matter if there are
additional questions; Council Member Lopez stated he would support that.
Mayor Daly. The question is, do they have to have competition.
City Attorney White. They do not need to invite competition but have a right to approve other cable
companies to provide service in competition with the existing provider. The question was if the existing
provider is not providing satisfactory service, what are the City’s remedies. He is suggesting, after taking
the evidence, the Council may want to defer that question until the experts can give the Council the
proper advice on what the options are.
Council Member Zemel. He would like to hear from outside counsel first so he can feel more
comfortable in making a decision.
Mayor Daly opened the Public Hearing and asked to hear from those who wished to speak.
The following people then spoke expressing concerns relative to the current franchisee as well as
addressing other issues. Their comments are summarized:
Craig Farrow, 1023 S. Dove Place, Anaheim
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 13, 1998
Issues - service and deceptive marketing/merchandising. Under service -- mechanical aspect and
technical aspect. Service technicians are always pleasant. Technically, there never seems to be a time
when all the channels are working right all the time. (He gave examples). He was told by Century
something was wrong with the cabling in his home. It is not just his home but everyone on his cul-de-sac.
Re: deceptive marketing/merchandising - Example -Disney channel free, then later, after cost increase,
the reasoning for the increase is, now you get the Disney channel (or whatever channel it might be) even
though he does not want that channel. Monthly cost now increased to almost $40 with no increase in
selective programming. Another reason given was fiber optics; however, he does not have fiber optics
but is still paying for it without getting fiber-optic quality. Century is taking advantage of the consumer
because they are in a monopoly situation. He would like to see other cable companies come in so there
would be choices/options for the consumer. He suggested before the franchise is renewed, that Century
conduct a postcard type survey in their next billing cycle, self-addressed to the Council or the
organization within the City, asking a variety of questions relative to service, qualtiy, etc., to get input
from their customers.
Debra Lee Sheldon, 2737 W. Savoy Place, Anaheim. When cable first offered, it was $9/month, now it
is $38 plus. She feels the reason is there is no competition. She wants to know what the City negotiated
for. She also feels there should be a cutoff time for paying for equipment, i.e., she has been paying
$2.50/month for a box for her small “kitchen” TV since 1978. She does not want all the channels she
has. Is there a way of breaking it down so that people can have a choice of perhaps 20 channels or
whatever it might be, to lower the monthly cost. The survey suggested by Mr. Farrow should go to the
City.
Fred Mooring, 2317 W. Ramm, Anaheim. Century has 1.2 million customers. Every 2-6 months, his bill
goes up $2. Their service (programming) is not good. He would like the Council to make a deal. He
does not want his bill increased $2 every month and not get anything in return. Get him something -
better programming, take the $2; otherwise, stay out of his pocket.
Gerald Knipper, 1403 N. Deerhaven, Anaheim. He opposes any extension because he does not believe
Century is providing residents of Anaheim the quality of service they should be getting. Cox Cable has
digital TV, Comcost in Buena Park and Fullerton has digital TV and internet service. He wrote a letter to
Century last December expressing his concerns. It took two months to get an answer. Ultimately, he
received a call from Century after he called the City to oppose the extension. They are studying the
possibility of an internet connection; no knowledge when digital TV would be available/considered.
Century is not keeping up with what other companies are offering. He urged hard-nosed negotiations
with Century asking what they are going to get for Anaheim other than expensive bills for what they are
providing. Digital TV and internet communications will improve the beauty of the City. At present, those
people who want all TV stations, the only way is to buy a DSS system which requires antennas. The
FCC allows as many as needed to get the reception. Digital TV would eliminate the need for antennas.
Janet Clark, 2655 Greenbrier, Anaheim. Her concern is cost. She expressed the cost increases in
percentages. Since Century has taken over, there has been a 19.59% increase in rates. They say they
are allowed four increases a year. The year prior, the increase was 13.85% with two increases. In the
last four months, there has been a 5.01% increase and they are allowed three more in the next eight
months. If there is no control over how much they can increase rates in the next five years, she asked if
they were looking at another 20% increase every 1 1/2 years. There has to be a control over these
increases.
At the conclusion of public testimony, Mayor Daly closed the Public Hearing.
Mayor Daly asked if the City can regulate the rates charged; City Attorney White answered that the
Federal Communications Act was amended about four years ago to take the direct regulation of rates out
of cities hands. They do have some leeway in connection with assuring rates are within parameters
established by the Federal Government but cannot tell the companies as they used to be able to, to
approve their rates and tell them what they can charge for their service. That is no longer allowed.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 13, 1998
Mayor Daly. He surmises then that regulation of cable TV rates is not under the jurisdiction of City
government; Ms. Thalman confirmed for the Mayor that the City has very little authority over regulation
of rates.
Council Member McCracken asked if the City has any control over having Century improve or replace
the cables that are deteriorating, those that transmit the programs; Ms. Thalman answered the City does
have the authority in the negotiation process to require system upgrades. She added, this is a five-year
extension of the existing franchise which expired in January. This five-year extension was mutually
agreed upon between Century and the City to work out some of the long-term system issues such as
upgrades and other new technologies for citizens in Anaheim.
Additional discussion and questioning followed between Councl Member McCracken and Mrs. Thalman
at the conclusion of which Council Member McCracken noted that the City is negotiating and working
with a company called First World for additional cable service throughout the City. The City is doing
something, contrary to what they are hearing this evening.
Tom Wood, Deputy City Manager. He briefed the discussions that occurred when they initially entered
into negotiations with Century wherein they talked about issues such as internet access, improvements in
service, etc. Normally, a city would grant a franchise extension for 15 to 20 years so that the company
could amortize their investment. They could not come to an agreement on what those upgrades or what
a term would be. It was the conclusion of the parties to do a short-term agreement. Five years is a very
short period to allow competition to evolve -- alternate ways of getting programming, be it cable,
internet access, etc. to the home and not lock the City into a long-term arrangement. One of the things
outside Counsel will tell the Council, City Councils are very constrained in what they can do with cable
systems. He will also tell them the FCC is pushing the whole industry toward competition so that the
competitive marketplace encourages a company like Century to provide more services. The regulatory
control that would otherwise exist in a monopoly situation that the City had at one point in time is taken
away. The bottom line is, they thought it best to keep the agreement very short. They would maintain
the controls that were in place for the preceeding period of time and let the marketplace evolve over the
next five years and see where they are going at that point in time.
Council Member Tait. It sounds like they need to continue this item to get a report from legal counsel.
Also, relative to the $250,000 fee to be charged for the cable company to enhance public information
and related community outreach, the sensitivity in the community is more toward cable rates. He asked
if they could go back and negotiate instead for a decrease in rates.
Tom Wood. The attorney would have to answer that. He understood they could not set the rate and are
precluded from doing so; Council Member Tait reiterated, he would take the $250,000 and try to
negotiate a rate reduction rather than community outreach or public information purposes. He would like
staff to research that possibility.
After additional discussion between Council Members and staff, it was determined that the item be
continued to October 27, 1998 noting the concerns raised by citizens and questions of the Council. City
Attorney White also explained for the Mayor that this is a franchise and under the Charter, all franchises
are granted by ordinance. The Council will be considering the ordinance and then an agreement which
will be a contract also to be approved. The agreement will set forth the precise obligations of the cable
companies and include a guarantee by the parent of the City’s local provider. He also clarified that the
contract would come back to the Council on the second and final reading of the ordinance.
Mayor Daly. The ordinance could be introduced tonight and the final action delayed until outside counsel
has the chance to prepare responses to the questions/concerns posed. He thereupon offered Ordinance
5654 for first reading.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 13, 1998
ORDINANCE NO. 5654: (INTRODUCTION) AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF ANHEIM APPROVING A FIVE YEAR
FRANCHISE AGREEMENT WITH CENTURY VALLEY CABLE
CORPORATION PURSUANT TO ORDINANCE NO. 4087, AS
TRANSFERRED AND AMENDED, AND SETTING FORTH CERTAIN
OTHER AGREEMENTS OF THE PARTIES.
By general Council consensus, this item was then continued to the meeting of October 27, 1998.
VARIANCE NO. 1229, AND NEGATIVE DECLARATION:
D3.179:
OWNER:
Gregory Parkin, 2500 W. Orangethorpe #V, Fullerton, CA 92633
AGENT:
Mohsen Abdolsalehi, 7830 Crescent Ave., Buena Park, CA 92680
LOCATION: 823 South Beach Boulevard - Covered Wagon Motel. Property is 1.3 acre located
on the west side of Beach Boulevard, 975 feet north of the centerline of Ball Road.
To consider reinstatement of Variance No. 1229 by the modification or deletion of a condition of
approval pertaining to a time limitation to retain an existing 70-unit motel.
ACTION TAKEN BY THE PLANNING COMMISSION:
Denied reinstatement of Variance No. 1229 (PC98-117) (5 yes votes, 1 absent, and 1 vacancy).
Denied Negative Declaration.
Informational item at the meeting of August 18, 1998, Item B6.
Letter of appeal submitted by the owner, Gregory Lee Parkin.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News - October 1, 1998
Mailing to property owners within 300 feet - October 1, 1998
Posting of property - October 2, 1998
The applicant, Gregory Parkin, in his letter of September 25, 1998, requested a continuance of the Public
Hearing to November 17, 1998.
Applicant’s Statement: Gregory Parkin, 2500 W. Orangethorpe #V, Fullerton. At the Planning
Commission Hearing, the one compelling item that was submitted to the Commission by the Police
Department was the report of 177 calls for service to the motel. They are very sensitive to such calls.
Their estimate is perhaps seven or eight calls from the motel itself and 15 or 20 from its guests. There is
a great deal of activity that takes place on that area of Beach Boulevard that has nothing to do with the
motel. Since August 3 to present, the motel has called the Police Department on two occasions with
perhaps one-half dozen calls from guests. That is a three-month period which would be about 30 calls
per year or far below the calls enunciated at the Planning Commission meeting. Pursuant to the Public
Records Act, he has requested documentation, i.e., field logs, dispatch logs be provided so he can sit
down with the Police to go over those to see what is applicable to the motel itself. He received a letter
from the City Attorney’s Office requesting on behalf of the Police Department that they have more time
to produce the documentation. If the Council were inclined to continue the variance, the request for
continuance would be moot. At some future date, the Police Department will have that information and
they can sort it out. He is confident that the statistics from 8/3/97 to 8/3/98 will be substantially the same
since August 3, 1998 to today’s date.
Mayor Daly asked the City Attorney’s recommendation; City Attorney White recommended that the
matter be continued because staff is unable to provide the information. To the extent the Public Records
Act indicates this information should be or must be provided, staff has to work on that. There is a lot of
information that has to be sorted through. The request for continuance is justifiable. He clarified that the
information is pertinent to the hearing.
Mayor Daly asked if anyone was present who wished to speak; the following people then spoke and their
comments summarized:
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 13, 1998
Steven Wozny, 818 S. Hayward Ave., Anaheim. He lives almost directly behind the Covered Wagon
where he and other neighbors have been living there for 20 to 25 years. Nothing has been changed.
The motel is about six to eight feet to the neighbor’s lots. People are always on the top spitting, throwing
things, acting lewd, etc. The motel is located Between Orange and Ball Road. They cannot close their
eyes any longer. They were elated that Mr. Parkin bought the motel about a year ago but he hasn’t done
anything. A crew came out and did a little painting. He is asking for the continuance so that he can say
he is doing something wonderful with all the kids Mrs. Dunlap is bringing to the motel. She (Dunlap) said
earlier (see Items of Public Interest) there were 94 rooms at the motel and 64 occupied by children. The
residents are protesting the continuance. He (Parkin) has not done anything for over a year.
Mayor Daly interjected and asked the City Attorney if, in his opinion, there was any option to the
continuance.
City Attorney White. The only option would be for the Council to not consider anything having to do with
the complaints made to the Police Department. The Police reported to the Planning Commission that
they received a large number of complaints that appeared to relate to the motel. Mr. Parkin has asked
for more information about those complaints. Because that was a significant part of the Planning
Commission evidence, if the Council were not to grant the continuance for Mr. Parkin to investigate
those, there would be a real question about due process. In his view, the most prudent course of action
would be to continue the hearing until Mr. Parkin has had an opportunity to review that information and to
respond to it. A decision should be based upon the fact that there has been a full opportunity for a fair
hearing and all information provided.
Mayor Daly stated the City Attorney is recommending a continuance. The Public Hearing is still open.
He asked for additional public input.
Dan McMahon, 823 S. Beach Blvd., Anaheim. He has lived at the motel for about four months. If it was
not for this motel, he and his family would be living on the streets. At this time, he does not have enough
money to buy a home or a trailer but has enough money for the motel. The Police are called every day
whether for a motel or a house. It does not matter because they are there to protect individuals and to
help when they are needed. He has been in all the rooms since he has been doing work for the owner
besides his full-time job to try to make it a better place. There are new carpets, tile, paint, fixtures. They
are putting money into the motel. They are trying to make it a better place and to give a lot of people a
place to live who cannot afford to buy a home or move into an apartment.
Suzuko Allen, 3123 Ames Place, Anaheim. She is representing her grandmother at 814 S. Hayward.
They have pictures to show the distance of her house to the motel. There are pictures of children up on
the balcony with projectiles flying over the wall. Nothing has been done to change anything. It has
become worse. In July and August, she personally called the Police because of things that were being
thrown over the fence. They collected two shopping bags full of items that have been thrown into the
yard. She has called the Parkins twice herself. They are not good neibhbors. They would like the issue
to be resolved.
Dan Phan, 810 S. Hayward directly behind the motel. He moved in five months ago. People keep
throwing things at his house -- beer bottles, cans, toys, trash, etc. They all want to live in a very good
neighborhood. He wants to find a solution to the problem.
Frank Figorel (declined to give his address). He lives within the tract and in close proximity of Hayward.
He takes daily walks. There is a lot of noise eminating from the area. He knows that Mr. Parkin has a
motel across from Knotts Berry Farm which he feels is the one he uses as a motel. The Covered Wagon
is being used as an apartment complex in Anaheim. He objects to that. It has lowered property values.
He would like to know how they get a CUP by using long-term tenants. He questioned if they were not
violating their CUP. He also has property on Teranimar where he makes frequent visits. He notices a lot
of noise and activity. Also, the window covering on the south side looks like rags.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 13, 1998
Suzan Cox. She is speaking for the motel. She is department head of linens, maids, laundry and
inventory. They have made a lot of changes during the last month. They are doing a good job keeping
the rooms clean and they make the residents comfortable. She asked that they be given a chance. She
clarified for the Mayor that she lives at the motel.
Eric Parkin, owners of the corporation who owns the Covered Wagon Motel. As of August 11, 1998,
there has been a change in management. James Allen Parkin and he have exclusive rights of
controlling that property per the terms of a new agreement with the corporation. They have spent
approximately $50,000 on upgrades in the last several weeks. There have been crews of up to 30
working at the motel. They have an open-door policy. They welcome comments from the City as well as
neighbors. On Friday, Mr. Yourstone (Code Enforcement Officer) came out and said he was going to
recommend an extension of the CUP for an additional six months due to the changes he has seen.
Linda Dunlap from Project Dignity held a barbecue at the motel this past Sunday. She noted all the
changes as well. There are 110 motels in the City of which she presently services nine. They are
improving all the conditions and terms of the CUP. Mr. Yourstone recommended that he go back and
speak with the neighbors. He has not had an opportunity to do that but he will personally go door to door
and speak with them all to explain some of the recommendations. Mr. Yourstone recommended for the
upper balcony, he would like them to install lattice work with flowers to prevent people from throwing
things which will also be a deterrent to the noise. The Covered Wagon Motel is approximately 6’ higher
than the homes behind. Their fences are 8’ tall and the motels are only three to four feet.
MOTION. Mayor Daly interjected and expressed the concern that Mr. Parkin was belaboring the point
but asking for a continuance. He thereupon moved to continue the Public Hearing to November 17,
1998. Council Member Zemel seconded the motion.
Before a vote was taken, Council Member Lopez asked if they could raise their fence six to eight feet. If
the motel is that far above the back yards, no matter what they do, it will still be a nuisance unless they
can increase the height of the wall; John Poole, Code Enforcement Manager. Staff would have to look at
that. A wall that high would require engineering calculations. Code Enforcement has been working to
get some lattice work done to stop some of the problems that are going on.
A vote was then taken on the motion to continue the Public Hearing to November 17, 1998. MOTION
CARRIED.
Recess - Closed Session:
MOTION. Mayor Daly moved to recess to a brief Closed Session.
Before further action was taken, the City Attorney asked if the item(s) to be discussed was an item
already on the Closed Session agenda; Mayor Daly answered, yes.
Council Member Lopez seconded the motion. MOTION CARRIED. (8:40 P.M.)
After Recess, the Mayor called the meeting to order, all Council Members being present (8:45 P.M.).
PUBLIC HEARING - CREATION OF UNDERGROUND DISTRICT NO. 33:
D4.175:
To consider approval of the creation of Underground District No. 33 (Fairmont Boulevard) in
accordance with the requirements of Chapter 17.24 of Title 17 of the Anaheim Municipal Code
relating to Underground Utilities.
LOCATION:
The proposed Underground District No. 33 is created to provide for the
undergrounding of overhead utilities on Fairmont Boulevard between Rio Grande and Canyon
Rim Road.
PUBLIC NOTICE REQUIREMENTS MET BY:
24
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 13, 1998
Publication in North County News - October 1, 1998
Mailing to property owners within 300 feet - October 1, 1998
Posting of property - October 2, 1998
Council Member Zemel. He is abstaining from any discussion or decision in this matter since he lives
within 300’ of the proposed undergrounding. (Council Member Zemel left the Council Chamber
temporarily - 8:46 P.M.).
Submitted was staff report dated October 13, 1998 from the Public Utilities General Manager
recommending the designation of Underground District No. 33 which was previously approved by the
Council on June 2, 1998 as part of the Public Utilities Department Five-Year Underground Conversion
Program.
Dale Tarkington, Public Utilities Assistant General Manager/Electric Services briefed the subject report
which outlined the specifics of the proposed undergrounding of overhead utilities on Fairmont Boulevard.
Mayor Daly opened the Public Hearing and asked to hear from anyone who wished to speak on the
creation of Underground District No. 33; there being no one who wished to speak, the Mayor closed the
Public Hearing.
Mayor Daly offered Resolution No. 98R-219 for adoption creating Underground District No. 33. Refer to
Resolution Book.
RESOLUTION NO. 98R-219 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM CREATING UNDERGROUND DISTRICT NO.
33 (FAIRMONT BOULEVARD).
Roll Call Vote on Resolution No. 98R-219 for adoption:
AYES:MAYOR/COUNCIL MEMBERS: McCracken, Tait, Lopez, Daly
NOES:MAYOR/COUNCIL MEMBERS: None
TEMP ABSENT/ABSTAINED: MAYOR/COUNCIL MEMBERS: Zemel
The Mayor declared Resolution No. 98R-219 duly passed and adopted.
PUBLIC HEARING - CREATION OF UNDERGROUND DISTRICT NO. 34:
D5.175:
To consider approval of the creation of Underground District No. 34 (Brookhurst/Crescent) in
accordance with the requirements of Chapter 17.24 of Title 17 of the Anaheim Municipal Code
relating to Underground Utilities.
LOCATION:
The proposed Underground District No. 34 is created to provide for the
undergrounding of overhead utilities on Brookhurst Street north of Lincoln Avenue to Sequoia
Avenue south of the I-5 Freeway.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News - October 1, 1998
Mailing to property owners within 300 feet - October 1, 1998
Posting of property - October 2, 1998
Submitted was staff report dated October 13, 1998 from the Public Utilities General Manager
recommending the designation of Underground District No. 34 which was previously approved by the
Council on June 2, 1998 as part of the Public Utilities Department Five-Year Undeground Conversion
Program.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 13, 1998
Dale Tarkington, Public Utilities Assistant General Manager/Electric Services briefed the subject report
which outlined the specifics of the proposed undergrounding of overhead facilities on Brookhurst Street.
Mayor Daly opened the Public Hearing and asked to hear from anyone who wished to speak.
Fran Kollilel(?) He lives in Moorpark but works in Anaheim. He is the Maintenance Director for the
Fairmont School on Mable Street. They are supportive of what is being proposed and are hoping to find
out if Mable Street is on the plan. From what he understands, it is a 50-year plan. They also do long-
term planning for their schools. The Fairmont School District Mable Campus is on both sides of Mable
Street. They would like to see the lines undergrounded as soon as possible if at all possible. He
confirmed for the Mayor that he did have an opportunity to talk to staff where he was told it is a 50-year
plan.
Mayor Daly. He will ask staff to provide the information requested.
Mayor Daly closed the Public Hearing.
Mayor Daly offered Resolution No. 98R-220 for adoption creating Underground District No. 34. Refer to
Resolution Book.
RESOLUTION NO. 98R-220 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM CREATING UNDERGROUND DISTRICT NO.
34 (BROOKHURST/CRESCENT).
Roll Call Vote on Resolution No. 98R-220 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-220 duly passed and adopted.
PUBLIC HEARING - CREATION OF UNDERGROUND DISTRICT NO. 35:
D6.175:
To consider approval of the creation of Underground District No. 35 (Citron Street) in accordance
with the requirements of Chapter 17.24 of Title 17 of the Anaheim Municipal Code relating to
Underground Utilities.
LOCATION:
The proposed Underground District No. 35 is created to provide for the
undergrounding of overhead utilities on Citron Street from Santa Ana Street to Chartres Street.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News - October 1, 1998
Mailing to property owners within 300 feet - October 1, 1998
Posting of property - October 2, 1998
Submitted was staff report dated October 13, 1998 from the Public Utilities General Manager
recommending the designation of Underground District No. 35 which was previously approved by the
Council on June 2, 1998 as part of the Public Utilities Department Five-Year Underground Conversion
Program.
Dale Tarkington, Public Utilities Assistant General Manager/Electric Services briefed the subject report
which outlined the specifics of the proposed undergrounding of overhead facilities on Citron Street.
Mayor Daly opened the Public Hearing and asked to hear from anyone who wished to speak; there being
no one who wished to speak, he closed the Public Hearing.
26
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 13, 1998
Mayor Daly offered Resolution No. 98R-221 for adoption creating Underground District No. 35. Refer to
Resolution Book.
RESOLUTION NO. 98R-221 A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM CREATING UNDERGROUND
DISTRICT NO. 35 (CITRON STREET).
Roll Call Vote on Resolution No. 98R-221 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-221 duly passed and adopted.
Before concluding, Mr. Tarkington, answering the Mayor, gave the start and completion dates for all
three foregoing undergrounding projects.
DISCUSSION - ELDER ABUSE HOTLINE SENIOR PROGRAM:
C1. 114: Discussion regarding an
elder abuse hotline senior program as requested by Council Member Zemel at the meeting of September
22, 1998 (Item C2.).
Council Member Zemel. Three weeks ago he requested this subject be placed on the agenda. There is a
phenomenon of elder abuse taking place oddly enough by the people entrusted to their care. He has met
with the County Adult Protective Services Division and found the County has such a hotline so to have
the City go forward with one would be duplicitous. However, they said while there is an elder abuse
hotline, there should be more communication between the County and the Anaheim Police Department
which he elaborated on. The County offers services where they will take steps to intervene and care
immediately for the senior. There is such an agreement with Huntington Beach which he can provide.
For now, he would like the City Manager to explore this matter further and see if there isn’t something
that can be worked out with the County and bring that back to the Council.
Council Member McCracken. She reported that Pat Pina has been operating a hotline in the City for
about 20 years and about 1/4 of the calls are from those 55 and older. She has submitted information to
staff. Pat is more than willing to come to the Council to discuss what she has been doing with her
organization. Perhaps if they can get a non-profit organization such as this that has been operating in
Anaheim, they can help them expand their servies and make the connection with the Police Department
if they have not done so already.
Mayor Daly. The matter is referred to the City Manager who will provide additional information.
REPORT ON CLOSED SESSION ACTIONS:
C2. 112: City Attorney White stated there were no
closed session actions to report.
COUNCIL COMMENTS:
C3. 114:
Council Member Zemel. He was asked tonight to sign a Proclamation for the National Endowment for
the Arts. Before he does so, he wanted to find out more what it is about - where it came from and how it
got to the Council. He asked staff to research the matter.
* * * * * * * * * * * * * * * * * * * * * * * *
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 13, 1998
Council Member Zemel. He is proud and pleased to discuss the expansion of the INS illegal alien
criminal identification program at the Anaheim City jail. He then gave the background on recent actions
taken at the Federal level on the issue and the final positive vote. He got a call the other day from the
INS indicating they now understand this is a funded program and would immediately be covering the
Anaheim jail 100%. The City can look forward to more crimes being stopped as they identify criminals
and hold them for trial. He thanked the City’s Congressional delgation for being so diligent and also City
staff for not dropping the issue as it got difficult. He is proud there will now be 100% coverage at the
Anaheim City jail.
Mayor Daly. They will look forward to reports from the Police Chief regarding progress on that program.
* * * * * * * * * * *
Council Member McCracken. She attended the California League of Cities Annual Meeting last week in
Long Beach. Since it was the 100th Anniversary of the League, they honored their past presidents and
Anaheim had two that were so honored - Charles Mann, 1937 and Charlie Pearson, 1949. She also
reported that Anaheim’s resolution relating to Local Government Liability was supported by the League.
Hopefully they will see some legislation that will help with that issue.
* * * * * * * * * * * * * * * * * * * * * *
Council Member Tait. He noticed the Council has a meeting scheduled on Election Day, November 3,
1998. He asked if it would make sense not to have a meeting on that day considering all the election
activities that will be going on.
Mayor Daly. He asked the City Manager and City Clerk to get back to the Council with the projected
agenda workload for the November 3rd meeting with the possiblity of folding those into another meeting.
City Clerk Sohl. No meeting is scheduled for the next week, November 10. Perhaps there is a possiblity
instead that the Council can meet on that date.
It was determined that the issue would be placed on the next agenda for Council consideration and
possible action.
ADJOURNMENT: By general Council consent, the Council Meeting of October 13, 1998 was adjourned
(9:10 p.m.).
LEONORA N. SOHL
CITY CLERK
28