1999/07/27ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JULY 27, 1999
The City Council of the City of Anaheim met in regular session.
PRESENT: MAYOR : Tom Daly
PRESENT: COUNCIL MEMBERS : Frank Feldhaus, Lucille Kring, Tom Tait, Shirley McCracken,
ABSENT: COUNCIL MEMBERS:
PRESENT: CITY MANAGER : Jim Ruth
ASST. CITY MANAGER : Dave Morgan
CITY ATTORNEY : Jack White
CITY CLERK : Leonora N. Sohl
ASST. CITY CLERK : Ann Sauvageau
PLANNING DIRECTOR : Joel Fick
ZONING DIVISION MANAGER : Greg Hastings
EXECUTIVE DIRECTOR COMM. DEVELOPMENT : Lisa Stipkovich
DIRECTOR OF PUBLIC WORKS : Gary Johnson
PUBLIC UTILITIES GENERAL MANAGER : Ed Aghjayan
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 1:55 p.m. on
July 23, 1999 at the City Hall Bulletin Board, (both inside and outside the entrance to City Hall)
containing all items as shown herein.
Mayor Pro Tem, Shirley McCracken called the workshop portion of the meeting of July 27, 1999 to order
at 3:10 p.m. and welcomed those in attendance. (Mayor Daly and Council Member Tait entered the
Council Chamber at 3:13 p.m.).
City Manager, James Ruth. This is the scheduled time for a presentation on the Anaheim City School
District Facilities Master Plan update. Superintendent Roberta Thompson is present to make the
presentation along with members of her staff.
ANAHEIM CITY SCHOOL DISTRICT FACILITIES MASTER PLAN :
Roberta Thompson,
Superintendent, Anaheim City School District ( ACSD). Three years ago, she met with Mayor Daly just
after becoming Superintendent to discuss with him her concerns about overcrowding in the City’s
schools, how the two entities could work together (as a City) and work toward a vision. After giving him a
great deal of information, she recalls that the Mayor told her, whatever she did, it was necessary to be
more aggressive than the District has been in the past. She believes the District has moved very
aggressively. The Council has heard about the overcrowding issues. She thereupon showed a slide
entitled – Capacity/Enrollment Comparison – noting that all the figures in red (listed beside the City
school site/project) meant that each of the facilities are over the State recommended size. Additional
data presented showed school acreage along with the recommended amount of space the State
recommends. She noted it is obvious by the figures that they are challenged space wise relative to
number of students to an acre. The need is still there and the District is addressing the issue as
aggressively as possible. She believes that projections are going to hold and the numbers will continue
to go up. After elaborating further on the issue, she introduced Lettie Boggs, Superintendent of Planning,
who will give the remainder of the presentation.
Lettie Boggs , Superintendent of Planning, Anaheim City School District. (Also see submittal – Facility
Master Plan – January 26, 1999 – Facility Planning & Development – Anaheim City School District –
which contained an Executive Summary relative to the Master Plan along with extensive data giving
information on proposed new school sites, an overview of projects to be undertaken, schedule of
projects, funding sources, enrollment trends and projections, etc.) She joined the District in November.
The first thing they did was to look at the District demographics and to look at the community by study
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JULY 27,1999
area. She then briefed the data as shown in a Student Density Map (presentation supplemented by
slides, hard copies of some of which were contained in the Facility Master Plan submittal) with the goal
to put every student in the District in a school closest to their home. Ms. Boggs gave an extensive and
detailed presentation which covered the potential projects at each identified site or area (plans subject to
change) – Ross Elementary School expansion, relocatable ( Relo Projects) classroom projects, status of
the Harbor Blvd./Ball Rd. campus (site acquisition), Westmont Elementary School - interim campus and
permanent campus, Price/Westmont Kindergarten Center and bus drop-off lane, Ponderosa Area
Elementary School, Revere School expansion, conceptual planning for North Central Area No. 1 and No.
2, Modernization Projects (beginning site Master Plans and Needs Assessments).
Ms. Boggs ’ presentation was followed by Mayor/Council questions/comments at the conclusion of which,
Mayor Daly thanked both Superintendent Thompson and Ms. Boggs for the informative and detailed
presentation as well as thanking staff members from the Community Development and Community
Services Department who have been working with the District to find properties that are mutually
beneficial.
REQUEST FOR CLOSED SESSION:
City Attorney Jack White requested a Closed Session noting first that there were no additions t o
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 related cases and cross actions)
Orange County Superior Court Case No. 70-80-71.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
2.
54956.9(a) – Existing Litigation:
Name of case
: Vista Royale Homeowners Assoc. vs. 396 Investment Co. fka The Fieldstone
Company, Orange County Superior Court Case No. 77-30-74,
( and related cases).
PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
3.
Title:
City Manager.
CONFERENCE WITH LABOR NEGOTIATOR:
4.
Agency Designated Representative :
Dave Hill
Employee organization :
AFA Labor Negotiations, IBEW, Local 47.
PUBLIC EMPLOYEE APPOINTMENT:
5.
City Clerk recruitment.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
6.
54956.9(a) - Existing Litigation:
Name of case:
Alvarado vs. City of Anaheim/Anaheim Redevelopment Agency, Orange County
Superior Court Case No. 80-52-94.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
7.
54956.9(a) – Existing Litigation:
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JULY 27,1999
Beyer et al. v. City of Anaheim, Orange County Superior Court Case No. 80-73-13.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
8.
54956.9(a) – Existing Litigation:
Margaret Fiske v. City of Anaheim, Orange County Superior Court Case No. 79-45-28.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
9.
54956.9(a) – Existing Litigation:
Melvin Jones v. Wells Fargo Bank, City of Anaheim, et al., United States District Court Case No.
SACV-98-95 DOC ( EEX).
CONFERENCE WITH REAL PROPERTY NEGOTIATIOR:
10.
Property:
– Sportstown ( Gotcha Glacier)
Negotiating parties :
Jim Ruth, City of Anaheim
RECESS:
Mayor Daly moved to recess into Closed Session. Council Member McCracken seconded the
motion. MOTION CARRIED. (3:55 p.m.)
AFTER RECESS:
Mayor Daly called the regular Council meeting of July 27, 1999 to order at 5:15 p.m. and
welcomed those in attendance.
INVOCATION: Reverend Mary L. Hibbard, from the Anaheim United Methodist Church gave the
invocation.
FLAG SALUTE:
Council Member Frank Feldhaus led the assembly in the Pledge of Allegiance to the Flag.
DECLARATION OF RECOGNITION :
119: A Declaration of Recognition was unanimously adopted by
the City Council recognizing Vivian Engelbrecht on receiving the Sarah Fay Pearson Humanitarian
Award from the Women’s Division of the Chamber of Commerce.
Mayor Daly read the Declaration noting that Vivian, “ . . . an active member of the Women’s Division,
Anaheim Chamber of Commerce for over 36 years, is an exceptionally gifted woman who is widely
respected and admired in the community for her numerous achievements . . . and her leadership in
promoting the cultural and social well being of the residents of Anaheim . . . “.
Mrs. Engelbrecht . She is honored to have received the Humanitarian Award and then being recognized
by the City Council for having done so.
PRESENTATION - STUDENT DELEGATION FROM MITO, JAPAN AND LUBECK, GERMANY:
119:
Presenting the student delegation from Anaheim’s Sister City, Mito, Japan and, in addition, the visit of
students from Lubeck, Germany (possibly a future Sister City).
June Lowry , Anaheim Sister Cities Association. She is happy to not only introduce to the Council today
the student delegation from Mito, Japan (one of many who have visited Anaheim since its Sister City
relationship with Mito began over 20 years ago), but also celebrating the visit of students from Lubeck,
Germany. She noted that the students are staying in the homes of very gracious family hosts in
Anaheim. She first asked the students to stand and be recognized, and then the host families who were
present. (They were greeted with applause from the Chamber audience.) She then introduced the head
of the Mito delegation, Mioko Siroto, a teacher of English in Mito.
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Mioko Siroto stated they are glad to be with the Mayor/Council and Anaheim citizens today and for giving
them a chance to know more about Anaheim. They are excited to be here and thank everyone for their
efforts. We (Anaheim and Mito) have been friends since 1976 and since the relationship started, over
200 students have come from Mito to Anaheim. She relayed some of the things that have occurred
since that time. She would like to thank the City of Anaheim and especially the host families for the
kindnesses extended. Their hospitality has meant so much to them and they are very appreciative.
Mayor Daly. He first welcomed the students on behalf of the Council and the City. He reported that
Mioko has provided a message from Mayor Hiroshi Okata of Mito wherein he mentioned the recent visit
of Anaheim students to the City of Mito who were there learning the Japanese language and culture.
The Mayor (Daly) noted that the Sister Cities Program is run by volunteers. The Council/City appreciates
their efforts and also the host families who make the program work so well.
DECLARATIONS OF RECOGNITION :
119: Declarations of Recognition were unanimously adopted by
the City Council recognizing City employees with more than 20 years of service who are retiring from the
City. The years of service ranged from 35 to 21 years. One of the employees was present to be
personally recognized, Diane Hughart, the City’s Purchasing Agent (Finance Department) who served
the City for more than 21 years culminating in the position of Purchasing Agent, a post she held for most
of her career with the City.
Diane Hughart , Purchasing Agent. She thanked the Council for the recognition and all those present
tonight on her behalf. It was an honor and pleasure to work for the City of Anaheim and, although it is a
happy occasion, it is sad as well since she will miss her colleagues and a position she very much
enjoyed.
Mayor Daly and Council Members personally wished her well and thanked her for her dedicated and
professional service to the City and citizens of Anaheim. He also acknowledged those employees (as
follows) who could not be present tonight and wished them well in their retirement: Dale Dambrun (24
yrs .), Police Department; William Lane (25 yrs .), Police Department; Benjamin Maddox (35 yrs .), Public
Utilities; Florence McDole (25 yrs .), Community Development; Bryan Mulberry (25 yrs .), Facility/Event
Electrician-Convention Center; Gary A. Querry (30 yrs .), Police Department; Lawrence Sentif (29 yrs .),
Police Department; James Watkins (27 yrs .), Police Department.
DECLARATION OF RECOGNITION :
119: A Declaration of Recognition was unanimously adopted by
the City Council recognizing City Clerk, Leonora “Lee” Sohl on her retirement after 27 years of service to
the City and citizens of Anaheim in the City Clerk’s Department, having served as City Clerk since 1984.
Mayor Daly. He thanked Lee for the dedication, professionalism and expertise she brought to the
position, and whose office is the first people encounter when they come to the City to ask questions
about City government. The Declaration, which he read, noted some of the accomplishments and
innovative program/systems implemented by Lee and also, “ . . . we extend our grateful appreciation to
Lee Sohl for her unwavering commitment to excellence and her exemplary service to the City of
Anaheim . . . ” . The Mayor and Council Members personally thanked and congratulated her noting that
she would be missed. They also presented her with a gift certificate.
Mrs. Sohl stated it has been a challenging and “fun” career for her and she has enjoyed working for
Anaheim. She will miss her colleagues and the citizens of Anaheim.
FINANCIAL DEMANDS AGAINST THE CITY
in the amount of $3,921,876.44 for the period ending July
27, 1999, in accordance with the 1999-2000 Budget, were approved.
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ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
Dan Hulkyerd stated he and his group are new residents in Anaheim and are glad to be in the City. They
are “Front Row Center” and are opening their production of “Annie” which is running for three weekends
at the Servite High School Theater. Theirs is a professional organization for children giving them the
chance to have Civic Light Opera opportunities that adults have. He noted that the State of California
does not have a Civic Light Opera company for children, that is, up until now.
Mayor Daly. He welcomed Mr. Hulkyerd and his company and they look forward to seeing the results of
their good work.
PUBLIC COMMENTS:
A number of people spoke on Item A14. See discussion under that item.
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for
the Council meeting of July 27, 1999. Council Member McCracken seconded the motion.
MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 – A15:
On motion by Mayor Daly,
seconded by Council Member McCracken , the following items were approved in accordance with the
reports, certifications and recommendations furnished each Council Member and as listed on the
Consent Calendar; Mayor Daly offered Resolution No. 99R-165 for adoption.. Refer to Resolution Book.
A1. 105: Receiving and filing minutes of the Redevelopment and Housing Commission meetings
held May 5, 1999, May 12, 1999, June 2, 1999 and June 9, 1999.
105: Receiving and filing minutes of the Public Utilities Board meeting held May 20, 1999.
105: Receiving and filing minutes of the Mother Colony Advisory Board meeting held May 7,
1999.
105: Receiving and filing minutes of the Deferred Compensation Committee meeting held May
26, 1999.
175: Receiving and filing a Notice of Application filled by Blue Bird Bus Co., LLC, asking to
amend the type of passenger stage and extension of service to provide a more flexible
transportation to its customer base, and especially Spanish-speaking passengers.
156: Receiving and filing the Anaheim Police Department Crime and Clearance Analysis for the
month of June, 1999.
128: Receiving and filing the Monthly Financial Analysis for eleven months ended May 31,
1999.
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117: Receiving and filing the Investment Portfolio Report for the month of June, 1999, as
submitted by the City Treasurer.
156: Receiving and filing the Supplemental Law Enforcement Services Funds Report for the
Annual Fiscal Year 1998 – 1999.
A2. 169: Release of the low bidder, Belair West Landscape, Inc., from its bid and awarding a
contract to the lowest responsible bidder, C. J. Construction, Inc., in the amount of $366,665.60
for the Beach Boulevard Median Beautification Improvements from Lincoln Avenue to Ball Road;
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 bidders.
A3. 158: Approving an Agreement for Purchase and Sale of Real Property and Escrow instruction at
the 7-Eleven located at 101 West Katella Avenue (R/W 5180-38) Katella Avenue Smart Street
Improvement Project; authorizing the Mayor and City Clerk to execute said agreement; and
authorizing the acquisition payment of $136,700 to Grover Escrow.
Council Member Tait . His engineering form does work for Southland Corporation. For that reason, he is
declaring a conflict and will be abstaining from any discussion and voting on this item.
A4. 158: Approving an Agreement for Right-of-Entry for property located at 1140 West Katella
Avenue (R/W 5180-74) – Phase Two Katella Avenue Improvement and Beautification project;
and authorizing the Mayor and City Clerk to execute said agreement.
A5. 158: Approving an Agreement for Right-of-Entry for property located at 1820 and 1830 South
West Street (R/W 5180-70A, B and C) – Phase Two Katella Avenue Improvement and
Beautification project ; and authorizing the Mayor and City Clerk to execute said agreement.
A6. 158: Approving the Escrow Agreement for Security Deposits in Lieu of Retention, an d to accept
security deposits offered by Sequel Contractors, Inc. to be held by Union Bank throughout the
construction of Phase II Katella Avenue Improvement and Beautification; and authorizing the
Mayor and City Clerk to execute said agreement.
A7. 158: RESOLUTION NO. 99R- 165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM dedicating certain City-owned Property for public street purposes.
A8. 160: Accepting the Bid of McMahan Business Interiors, in the amount of $20,715.89 (including
applicable taxes) for furniture for the new East Anaheim Community Center, in accordance with
Bid #5779.
A9. 160: Accepting the Bid of R. W. Smith & Company, in the amount of $1,254,198.15 (tax
inclusive) for the purchase and installation of kitchen equipment for the Convention Center
expansion project, in accordance with Bid #5948.
A10. 160: Accepting the Bid of Spectra Company, in the amount not-to-exceed $46,154.00 (including
tax) for the polyurethane coating on a portion of Car Park One at the Convention Center, in
accordance with Bid #5961.
A11. 160: Accepting of Bid of DuBois Towing in the amount not-to-exceed $30,000.00 for towing a
various City vehicles for a period of one year commencing August 1, 1999, and authorizing the
Purchase Agent to exercise up to three additional one year renewals, limited to consumer price
index (CPI) increases, in accordance with Bid #5955.
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A12. 123: Waiving Council Policy 306, and authorizing the execution of a five year lease/purchase
agreement with Avid Technology, Inc., in the amount of $120,214.64, for video equipment for the
Police Department; and increasing General Fund expenditure appropriations by $28,311.57 in
the Police Department Budget.
A13. 153: Approving (1) the appointment of Ann Sauvageau as Acting City Clerk effective August 3,
1999 to August 9, 1999 and (2) appointment of Sheryll A. Schroeder as City Clerk effective
August 9, 1999.
Mayor Daly noted that the subject actions include the appointment of a new City Clerk, Sheryll A.
Schroeder who will be joining the City of August 9, 1999 and that Ann Sauvageau ( Ass’t. City Clerk) will
be Acting City Clerk in the interim (August 3 to 9, 1999).
A14. 175/123 : Receiving and filing the R.W. Beck Strategic Options Final Report; and Approving an
Agreement with IDACORP Energy Solutions Company ( IES) that will result in guaranteed annual
benefits to the City of Anaheim of $1 million; and authorizing the Public Utilities General
Manager to execute said agreement, together with any revision in substantial conformance
thereto, any related documents, and to take such actions as are necessary to implement the
agreement.
Submitted was report dated July 27, 1999 from Dave Morgan, Assistant City Manager and Edward K.
Aghjayan, Public Utilities General Manager (with attachments) – Subject : Strategic Options Process
Final Recommendations - recommending that the Council (1) accept and file the attached R. W. Beck
Strategic Options Project Final Report (Final Report, Attachment A), (2.a.) approve an agreement with
IDACORP Energy Solutions, (2.b.-e.) directing certain other actions related thereto.
Mayor Daly invited those who wished to speak to the issue to do so at the time. The following people
then spoke urging the Council to adopt the recommendation presented to them tonight giving, in detail,
their reasons why (comments are summarized):
Stan Stosel , Business Representative, IBEW Local 47. He first read a statement by Pat Lavin, Business
Manager, IBEW Local 47 imploring the Council to follow the recommendations of the R. W. Beck report,
the Public Utilities Department, in-house staff and the members of Local 47 to retain Anaheim’s Public
Utility as a municipally owned and operated entity. Mr. Stosel then gave his input at the conclusion of
which he emphasized that the Council’s concern should be determining what is best for the citizens it
represents. The Council and the people of Anaheim need to control their own future – he urged them to
protect the people’s Utility and vote to accept the recommendations presented to them.
Ken Jackson, Service Crew Supervisor, Public Utilities Department, Member IBEW Local 47. He stands
in support of retaining operation and control of the Electric Utility. There is not better utility in Southern
California. He asked that they heed the advice of the Public Utilities Board, remember the citizens,
customers and their “pocketbooks”, keep their experienced team of professionals and vote to retain the
independence and potential of the City’s great utility.
Ron Bengochea, 6830 W. Chanticleer, Anaheim (resident and employee/Public Utilities Dept.) If they
start dividing up certain functions of the utility, over time, the residents will be at the mercy of parties who
are controlling the electric utility. He urged that they make a decision tonight that will keep Anaheim in
the Utility business as in the past.
Bill Lyons, 444 W. Summerfield Circle, Anaheim. He rises in support of the R.W. Beck report and in
opposition to the proposals submitted by Edison/Enron. Anaheim’s interest will be best served, as it has
been served in the past, by the continuation and operation of the electric utility.
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Steven Dornbush, Hotel Employees Union (2,500 members), Local 681, Orange County/Long Beach,
2100 E. Katella, Ste. 195, Anaheim. He urged, “Don’t mess with success”. Once they give away part of
the (utility) infrastructure, they can never get it back.
Dale Stanton, 1509 Harle , Anaheim – Chairman of the Public Utilities Board and present on behalf of the
Board. (The proposal by SCE and Enron was turned down by the Board – the R.W. Beck report was
supported by a 6-0 vote). Based on the proposals submitted, the Board recommends that the Council
dismiss the proposals by the two firms (Edison – Enron) and accept the R.W. Beck report. The
proposal(s) would take away a group of highly skilled people, equipment, warehouse and materials and,
in ten years, if they (the proposers) don’t like it, they give it back. He then explained the process that
took place by the Public Utilities Board in their long and extensive deliberation of the issue.
Eliza Cason , 1118 S. Keats Street, Anaheim. Within her area of the City, the residents are very proud to
have the City of Anaheim providing their electrical needs through their municipally owned Electric
Utilities.
The following representatives spoke on behalf of their firms, both stating that they were subsequently
prepared to answer any questions of Council or staff:
Curt Pringle , 1564 Amarida , Anaheim representing Enron. Their proposal will save the taxpayers and
ratepayers of the City $3 million. That is the focus of the discussion today. He understands there is a
staff recommendation that calls for rejecting the two proposals submitted and moving on. One area they
are present to talk about is the $12 to $15 million distribution system, not the entire utility operation. Two
companies have proposed savings of approximately $3 million in that area of service. It is important to
insure that the Council hears that Enron is very concerned about maintaining the integrity of the City’s
utility. The proposal before them does not focus on unravelling that part of the business but pointing to
ways that there can be savings derived from the existing distribution system. Theirs is a proposal that
will save the taxpayers and ratepayers of the City $3 million and that is the focus of today’s discussion
from Enron’s perspective. He hopes that the Council has had a chance to read the proposals from both
of the companies ( SCE and Enron). They stand prepared to answer any questions.
Steven Nelson, Regional Manager, SCE , 1851 W. Valencia Drive, Fullerton. They firmly believe that
their concept of an alliance of neighbors for the distribution, operation and maintenance of the
distribution system will result in a savings to the City of $30 milion over 10 years. The Council has a
straight forward decision to make. Does it believe the potential savings of $3 million for outsourcing
distribution and operation maintenance is worthy of additional discussion. They believe the City, the
citizens and businesses of Anaheim would be best served if the Anaheim Public Utilities Department
were to develop a Memorandum of Understanding with Edison that provides for significant savings,
mitigates risk and builds on a framework that has already been established between Edison and the City.
Mayor Daly. That will conclude the public comments portion. The Council has the report and
recommendation on the strategic options process. As has been noted, the process started many months
ago and was designed to examine all the City’s options, opportunities and challenges in this new era of
deregulation. He asked to hear from the Council relative to any comments they might have at this time.
Council Member Feldhaus . He is not prepared to cast a vote on the recommendation tonight. He
believes the process needs further discussion and investigation. He suggests that they have a workshop
as soon as possible so they can become more educated and address the future possibilities associated
with deregulation.
MOTION. Council Member Feldhaus moved to continue this item until a public workshop can be
scheduled to further evaluate the recommendation/proposals.
Before any action was taken, Mayor Daly pointed out for the previous months there has been a Liaison
Committee of Council Member Tait and himself who have had more frequent meetings with staff and
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have had a better chance of getting briefed on the issue. He respects that Council Members would like
more information or more time to absorb the information. A suggestion has been made that there be a
workshop.
Council Member Tait . He would support a workshop and along with that, having the two proposers give
presentations to the Council. He agrees with Council Member Feldhaus that in this era of deregulation,
there is also risk to the status quo and a $30 million savings needs to be looked at in depth before
making a decision.
Council Member Kring . There was some concern expressed over the possibility of losing jobs.
Discussions she has had with SCE and Enron indicate that will not happen. They need to discuss that
aspect to make sure the workers are protected. She believes a workshop would bring that all to the
surface.
Ed Aghjayan, Public Utilities General Manager asked to speak briefly on why they are here. The staff
report is not about the SCE and Enron proposals. They are present to cap a process that started in
February of 1997 – it was initiated by the Utilities Department. In the memo sent to the Council, there
were five things they wanted to look at: market evaluation, some alternatives for maximizing value,
governance and structure alternatives, potential for strategic alliances which is the piece that Edison and
Enron fit into and, fifth, to look at competitive strategy alternatives. They have spent $400,000 in
consultant time since then, one-half million in staff time (7,000 hrs. as of April). This report is intended to
wrap up that 2 ½ year process. They came forward with five recommendations based on some key
conclusions by R.W. Beck in their analysis and 2 ½ year study. They have met with Edison and Enron
forty (40) times. There is no lack of dialogue in trying to get the best deal for the citizens and ratepayers.
He then briefed some of the primary conclusions that R. W. Beck made (see Strategic Options Project
Final Report – July 1999 – Summary of Conclusions and Recommendations – Page 1). All the issues
raised by Council Member Feldhaus and Tait are important parts of the restructuring and deregulation
process. They think the Council can come to recommendations on these five items. Perhaps they wish
to have more information on Enron, but staff is recommending all five areas. At the very least he asked
that they let them move forward with the other four and give some opportunity to address the other one
in the future. He believes they have spent enough time and money and the Utility focus is to return to
the other four areas to put the details together and to focus on areas like the transmission price which is
a $15 million issue. He is not overstating the situation by saying this matter has absorbed all of their
time and attention and detracting from their ability to work in key areas. He believes they can provide
the Council with a workshop that can be very informative and allow them to make a number of options in
any direction they want. They are locking themselves out of the competitive market by continuing to
consider the proposals and tying themselves up. Answering Council Member Tait, he explained they put
out an RFP that opened up proposals in any area they wanted to go including sale. They received 19
proposals and only two were in the full array of contract services in terms of distribution services. After
40 meetings with Enron/Edison, they do not think that is the way to go.
After additional extensive discussion and questioning between Council Members and Mr. Aghjayan,
Mayor Daly stated that Mr. Aghjayn has made a good point in terms of moving forward with as much of
the study recommendations as practical and possible today. One in particular he would recommend is
acting on the proposed agreement with Idacorp, a partnership that would guarantee annual benefits to
the City; Mr. Aghjayan clarified that agreement was a stand-alone item.
Council Member Kring stated she would support a motion to move forward with Idacorp.
Mayor Daly noted that was item 2A but that there were a series of recommendations, the first being to
accept the R. W. Beck Report. If they want to schedule a workshop, he is not sure the report should be
accepted yet. No. 2A is the one he (Daly) was focused on. This is the second and last step in terms of
concluding the agreement with the Idacorp partnership. He surmises that three Council Members would
like more time to go through this in greater detail. He noted Council workshops held in the Council
Chamber, are information work sessions open to the public with no decisions made at that time.
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City Attorney White. On recommendation No. 1, the word, accept, may be what is of concern. The
Council could Receive and File the report to avoid concurring with all the recommendations.
Ed Aghjayan . In many respects, he understands they want to look at some of the issues. He believes it
is great to move ahead with the Idaho deal. There are some elements they would do normally such as
continuing not work with the Unions and to day any additional studies needed. He would prefer that they
look at Item 2.b. , the Enron/Edison proposal, and put that in a deep freeze. The Utilities is totally
committed to finishing a recommendation on direct access which must come to the Council by October
1. He would like to schedule a workshop at some future time after that – October or November. They do
not have to say yes or no to the proposal by Enron/Edison. They can hold them out there and move
forward with the key question – that of direct access which is going to take all their time and attention to
get that to the Council by October 1. He explained the steps necessary to get to that point. All the time
spent on the Enron/Edison proposals have caused them to put the direct access issue on the back
burner. He reiterated , he would like to schedule a workshop later in October/November without having
answered the Enron/Edison proposal(s) and focus that workshop on the entire issue of deregulation.
Council Member Tait disagreed stating he would like to see a conclusion on the specific proposals and
feels they could do that in the next couple of weeks. He would like a workshop as soon as possible
where there is a presentation from Enron/Edison. The Council has not had a presentation from either
proposer. He would like to continue everything except 2.a. for two weeks for a workshop ; Mayor Daly.
The workshop would then be held on August 10, 1999 strictly on this subject.
Mr. Aghjayan asked if they had any suggestions on how to structure the workshop. He emphasized for
Council Member Feldhaus that no amount of “tweaking” was going to change the staff recommendation.
They have done the best job possible. He again reiterated they had 40 meetings with the proposers, they
should not give up control, and it is not good business. He subsequently asked what else they would like
to see at the workshop besides an Enron/Edison presentation noting that R. W. Beck can be present and
anyone else they wish.
Council Member Tait . He would like to hear from the two proposers, and why staff came up with the
recommendation they did.
MOTION. Council Member Tait moved to approve Item 2.a. only of the July 27, 1999 Staff Report
(Strategic Options Process Final Recommendations), continue all other items/recommendations for two
weeks, and that there be a workshop on that date, August 10, 1999, with presentations from the two
proposers. Council Member Kring seconded the motion.
Before a vote was taken, Mayor Daly asked if the Council then wished at that time to have all the
remaining items which were not acted upon tonight included on the Council Meeting Agenda that evening
(August 10, 1999); Council consensus was that the remaining items are to be on the Council Agenda for
action.
A vote was then taken on the foregoing motion including that the items not acted upon today are to be on
the Council Agenda of August 10, 1999 for action. MOTION CARRIED.
Mayor Daly. He agrees with parts of the report that say how well positioned the City’s Utility is to
compete for the future. It is because of Mr. Aghjayan’s leadership in the Public Utilities Department. He
does not believe there is anyone who disagrees with the progress that has been made and the
competitiveness with which the Utility is prepared to compete in the market place. He wanted to say that
for the record.
A15. 114: Approving minutes of the Anaheim City Council meeting held June 22, 1999.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JULY 27,1999
Roll Call Vote on Resolution No. 99R-165 for adoption:
AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS : None
ABSENT: MAYOR/COUNCIL MEMBERS : None
The Mayor declared Resolution No. 99R-165 duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
BOARDS/COMMISSIONS - APPOINTMENTS/ REAPPOINTMENTS TO TERMS ENDING
A16. 105:
JUNE 30, 1999:
Continued from the meeting of June 22 and July 20, 1999.
BUDGET ADVISORY COMMISSION FOR NEW TERM ENDING JUNE 30, 2003: (Van Dorpe)
Mayor Daly opened nominations to the Budget Advisory Commission.
Council Member Kring nominated Dan Van Dorpe; Council Member McCracken nominated Robert Lowe.
Before nominations were closed, Mayor Daly explained as a point of order, persons nominated need not
appear on any list of interested citizens in order to be nominated; Council Member McCracken stated
that she believes Mr. Lowe’s name was on a list for the Public Utilities Board.
City Clerk Sohl stated that Mr. Lowe’s name has been on the list of interested citizens for several years.
He is still interested in serving on a City Advisory Board.
Mayor Daly. He would be supportive of Mr. Lowe serving on one of the other Boards and Commissions
but is prepared at this time to support Mr. Van Dorpe’s reappointment to the Budget Advisory
Commission.
MOTION. On motion by Mayor Daly seconded by Council Member Kring, nominations were closed.
MOTION CARRIED.
A roll call vote was then taken on the nominees in the order in which they were nominated.
Dan Van Dorpe - Ayes: Feldhaus, Kring, Tait, Daly. No: McCracken .
Robert Lowe - Noes: Kring, Daly. Abstained: Feldhaus, Tait, McCracken .
Dan Van Dorpe was thereupon reappointed to the Budget Advisory Commission for the new term ending
June 30, 2003; Council Member McCracken changed her vote to a yes thereby making the appointment
unanimous.
COMMUNITY SERVICES BOARD FOR NEW TERMS ENDING JUNE 30, 2003: ( Cason, Hibbard,
Solari )
Mayor Daly opened nominations to the Community Services Board for the three terms ending June 30,
2003.
Council Member Kring nominated Jack Holmes; Council Member Feldhaus nominated Eliza Cason;
Council Member Tait nominated Bruce Solari; Council Member McCracken nominated Mary Hibbard.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JULY 27,1999
MOTION. On motion by Mayor Daly seconded by Council Member Kring, nominations were closed.
MOTION CARRIED.
A roll call vote was then taken on the nominees in the order in which they were nominated.
Jack Holmes - Ayes: Kring, Tait. No: McCracken . Abstained: Feldhaus, Daly.
Eliza (Liz) Cason - Ayes: Feldhaus, Tait, McCracken, Daly. Abstained: Kring.
Bruce Solari - Ayes: Feldhaus, Kring, Tait, McCracken, Daly.
Mary Hibbard - Ayes: Kring, Tait, McCracken, Daly. Abstained: Feldhaus.
Council Member Kring changed her abstention to a yes vote for Mrs. Cason.
Eliza Cason, Bruce Solari and Mary Hibbard were thereupon reappointed to the Community Services
Board for the term ending June 30, 2003.
MOTHER COLONY HOUSE FOR NEW TERMS ENDING JUNE 30, 2002: (Harvey, MacLaren,
Renner )
Mayor Daly opened nominations to the Mother Colony House Advisory Board.
Mayor Daly nominated Marion Harvey, George MacLaren and Doug Renner for reappointment; Council
Member Kring nominated Mary Raffel.
MOTION: On motion by Mayor Daly seconded by Council Member McCracken, nominations were
closed. MOTION CARRIED.
A roll call vote was then taken on the nominees in the order in which they were nominated.
Marion Harvey - Ayes: Feldhaus, Kring, Tait, McCracken, Daly.
George MacLaren - Ayes: Feldhaus, Kring, Tait, McCracken, Daly.
Doug Renner - Ayes: Feldhaus, Tait, McCracken, Daly. Abstained: Kring.
Mary Raffel - Ayes: Kring, McCracken. Abstained: Feldhaus, Tait, Daly.
Marion Harvey, George MacLaren and Doug Renner were thereupon reappointed to the Mother Colony
House Advisory Board for the term ending June 30, 2002.
PLANNING COMMISSION FOR NEW TERMS ENDING JUNE 30, 2003: (Bristol, Vanderbilt)
Mayor Daly opened nominations to the Planning Commission.
Council Member Tait nominated Steve Bristol; Council Member Kring nominated Kevin Crampton;
Council Member McCracken nominated James Vanderbilt.
MOTION. On motion by Mayor Daly seconded by Council Member McCracken, nominations were
closed. MOTION CARRIED.
A roll call vote was then taken on the nominees in the order in which they were nominated.
Steve Bristol - Ayes: Feldhaus, Kring, Tait, McCracken. Abstained: Daly.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JULY 27,1999
Kevin Crampton - Ayes: Kring, Tait. No: Daly. Abstained: Feldhaus, McCracken.
James Vanderbilt - Ayes: Feldhaus, Tait, McCracken, Daly. Abstained: Kring.
Council Member Kring changed her abstention on James Vanderbilt to a yes vote; Mayor Daly changed
his abstention on Steve Bristol to a yes vote.
Steve Bristol and James Vanderbilt were thereupon unanimously reappointed to the City Planning
Commission for the term ending June 30, 2003.
PUBLIC UTILITIES BOARD FOR NEW TERMS ENDING JUNE 30, 2003: ( Lem, Schweitzer)
Mayor Daly opened nominations to the Public Utilities Board.
Council Member McCracken nominated Delia Schweitzer; Council Member Kring nominated Paul Lem;
Council Member Feldhaus nominated George Edwards; Council Member Kring nominated Paul
McMillan.
MOTION. On motion by Mayor Daly seconded by Council Member McCracken, nominations were
closed. MOTION CARRIED.
A roll call vote was then taken on the nominees in the order in which they were nominated.
Delia Schweitzer - Ayes: Feldhaus, McCracken, Daly. Abstained: Kring, Tait.
Paul Lem - Ayes: Kring, Tait. Abstained: Feldhaus, McCracken. No: Daly.
George Edwards - Ayes: Feldhaus, Tait, McCracken, Daly. No: Kring .
Paul McMillan - Ayes: Kring, Tait, McCracken. Abstained: Feldhaus, Daly.
City Clerk Sohl noted that Schweitzer, Edwards and McMillan received the same number of votes, each
having received three affirmative votes.
Those three nominees were again voted on and the roll call vote was as follows:
Delia Schweitzer - Ayes: Feldhaus, Tait, McCracken, Daly. Abstained: Kring.
George Edwards - Ayes: Feldhaus, Tait, McCracken, Daly. Abstained: Kring.
Paul McMillan - Ayes: Kring. Abstained: Feldhaus, Tait, McCracken, Daly.
Delia Schweitzer and George Edwards were thereupon reappointed/appointed (respectively) to the Public
Utilities Board for the terms ending June 30, 2003.
REDEVELOPMENT AND HOUSING COMMISSION FOR NEW TERMS ENDING JUNE 30, 2003:
( Proussalis, Romero)
City Clerk Sohl noted that there is also a vacancy listed on the subject commission under Item A17. to fill
an unscheduled vacancy for the term ending June 30, 2000.
13
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JULY 27,1999
Mayor Daly opened nominations at this time for the two new terms ending June 30, 2003.
Council Member McCracken nominated David Romero; Council Member Feldhaus nominated Thomas
Holguin.
Before further action was taken, Mayor Daly stated they must appoint a Tenant Representative and
currently it is Constantine Proussalis; Lisa Stipkovich, Executive Director of Community Development
confirmed that Mr. Proussalis requested to be reappointed. There are two Section 8 Tenant
Representatives that serve and Mr. Proussalis is one of them.
After a brief staff discussion relative to the process for soliciting Tenant Representatives, City Attorney
White explained if they are looking for other tenant nominees, it would be necessary to continue one of
these positions, solicit interest for the other Tenant Representative and fill the one position where a
Tenant Member is not required.
MOTION. On motion by Mayor Daly seconded by Council Member McCracken, nominations were
closed. MOTION CARRIED.
A roll call vote was then taken on the nominees in the order in which they were nominated.
David Romero - Ayes: Kring, Tait, McCracken, Daly. Abstained: Feldhaus.
Council Member Feldhaus withdrew his abstention and cast an aye vote. He also withdrew the name of
Thomas Holguin at this time.
City Attorney White explained that since nominations were closed, it is not appropriate to withdraw the
nominee; the process would be to reopen nominations and then withdraw the name.
A roll call vote was then taken on Thomas Holguin - Ayes: Feldhaus, Daly. Abstained: Kring, Tait,
McCracken .
Council Member McCracken . A lot of time was spent trying to find a Tenant Representative in Mr.
Proussalis. He has been on the Commission for only about two years and has not had an opportunity to
serve a full term. She believes they are going to have difficulty again recruiting a Tenant Representative
and the Commission in the meantime will be short one member.
Mayor Daly. He agrees and, further, Mr. Proussalis has been a hard-working member of the
Commission. If they would like to proceed and try to appoint him this evening, he is amenable to that.
Council Member McCracken nominated Constantine Proussalis as the Tenant Representative on the
Redevelopment and Housing Commission.
MOTION. On motion by Mayor Daly, seconded by Council Member McCracken, nominations were
closed. MOTION CARRIED.
A roll call vote was then taken on Constantine Proussalis - Ayes: Kring, Tait, McCracken, Daly.
Abstained: Feldhaus.
Council Member Feldhaus changed his abstention to an aye; Constantine Proussalis was thereupon
unanimously reappointed to the Redevelopment and Housing Commission – Tenant Representative – for
the term ending June 30, 2003.
SENIOR CITIZENS COMMISSION FOR NEW TERMS EXPIRING JUNE 30, 2002: ( Jurado, Maclaren)
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JULY 27,1999
City Clerk Sohl reported that both Mrs. Jurado and Mr. Maclaren did not wish to be reappointed to the
Commission.
Mayor Daly opened nominations to the Senior Citizens Commission.
Council Member McCracken nominated Ethel Clayton; Council Member Kring nominated Rex Nickler;
Council Member McCracken nominated Pauline Berry; Council Member Kring noiminated Muriel Nelson.
MOTION. On motion by Mayor Daly seconded by Council Member McCracken, nominations were
closed.
MOTION CARRIED.
A vote was then taken on the nominees in the order in which they were nominated.
Ethel Clayton - Ayes: Feldhaus, Kring, Tait, McCracken, Daly.
Rex Nickler - Ayes: Feldhaus, Kring, Tait. Abstained: McCracken, Daly.
Pauline Berry - Ayes: Feldhaus, Tait, McCracken, Daly. Abstained: Kring.
Muriel Nelson - Ayes: Feldhaus, Kring, Tait, Daly. Abstained: McCracken.
City Clerk Sohl . It appears that Ethel Clayton has been appointed and there is a tie between Paurline
Berry and Muriel Nelson; Mayor Daly asked again for a roll call vote on Berry and Nelson.
Pauline Berry - Ayes: McCracken, Daly. Abstained: Feldhaus, Kring, Tait .
Muriel Nelson - Ayes: Feldhaus, Kring, Tait, McCracken, Daly.
Ethel Clayton and Muriel Nelson were thereupon unanimously appointed to the Seniro Citizens
Commission for the terms ending June 30, 2002.
BOARDS AND COMMISSIONS - TO FILL UNSCHEDULED VACANCIES:
A17. 105:
SENIOR CITIZENS COMMISSION FOR TERM EXPIRING 6/30/00: (Wilson)
Mayor Daly opened nominations to the Senior Citizens Commission to fill the unexpired term ending
June 30, 2000.
Council Member McCracken nominated Pauline Berry; Council Member Kring nominated Rex Nickler.
MOTION. On motion by Mayor Daly seconded by Council Member McCracken, nominations were
closed. MOTION CARRIED.
A roll call vote was then taken on the nominees in the order in which they were nominated.
Pauline Berry - Ayes: Feldhaus, Tait, McCracken, Daly. Abstained: Kring.
Rex Nickler - Ayes: Kring. No: Daly. Abstained: Feldhaus, McCracken, Tait .
Pauline Berry was thereupon appointed to the Senior Citizens Commission for the term ending June 30,
2000.
15
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JULY 27,1999
REDEVELOPMENT AND HOUSING COMMISSION FOR TERM EXPIRING JUNE 30, 2000:
( Wohlwend)
Mayor Daly opened nominations to the Redevelopment and Housing Commission to fill the unexpired
term ending June 30, 2000.
Council Member Kring nominated Dick Sole; Council Member Feldhaus nominated Thomas “ Hoagy”
Holguin.
MOTION. On motion by Mayor Daly seconded by Council Member McCracken, nominations were
closed. MOTION CARRIED.
A roll call vote was then taken on the nominees in the order in which they were nominated.
Dick Sole - Ayes: Kring, Tait. No: Daly. Abstained: Feldhaus, McCracken.
Thomas Holguin - Ayes: Feldhaus, McCracken, Daly. Abstained: Kring, Tait.
Thomas Holguin was thereupon appointed to the Redevelopment and Housing Commission for the term
ending June 30, 2000.
BOARDS AND COMMISSIONS - RESIGNATION – COMMUNITY SERVICES BOARD:
A18. 105:
Accepting the resignation of James D. Vanderbilt for the term ending June 30, 2002 and directing the
City Clerk to post an unscheduled vacancy.
MOTION. Mayor Daly moved to accept the resignation of James D. Vanderbilt from the Community
Services which is due to his appointment as a Planning Commissioner which occurred in June. Council
Member McCracken seconded the motion. MOTION CARRIED.
City Clerk Sohl . She noted that the vacancy would be on the Council agenda of August 10, 1999 for
action to fill the vacancy.
ITEMS B1 – B10 FROM THE PLANNING COMMISSION MEETING OF
JULY 7, 1999 - INFORMATION ONLY APPEAL PERIOD ENDS JULY 29, 1999:
WAIVER OF CODE REQUIREMENT
B1. 179:
CONDITIONAL USE PERMIT NO. 4089 NEGATIVE DECLARATION:
OWNER:
La Palma Family Partnership, P.O. Box 448, Los Alamitos, CA 90721
AGENT:
Coorg Corporation, P.O. Box 448, Los Alamitos, CA 90721
LOCATION: Parcel 1-
This irregularly-shaped 1.18-acre property has a frontage of 120 feet
on the south side of La Palma Avenue, a frontage of 120 feet on the north side of North Street, a
maximum depth of 430 feet, and is located 120 feet east of the centerline of Pauline Street (740
Parcel 2 -
East La Palma Avenue). This rectangularly -shaped 1.5-acre property has a frontage
of 85 feet on the south side of North Street, a frontage of 95 feet on the north side of Wilhemina
Street, a maximum depth of 770 feet, and is located 159 feet east of the centerline of Pauline
Street (no street address).
To permit a building material/contractor’s storage yard and outdoor storage of recreational
vehicles, boats and trailers with waiver of required site screening.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4089 DENIED ( PC99-120) (5 yes votes, 1 no, 1 absent)
16
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JULY 27,1999
Approved Negative Declaration.
Waiver of Code Requirements DENIED.
CONDITIONAL USE PERMIT NO. 3269, AND NEGATIVE DECLARATION:
B2. 179:
OWNER:
Kyu-Ho-Yun, 12852 Palm Street, #202, Garden Grove, CA 92840
AGENT:
Darren Nguyen, 501-509 S. Brookhurst Street, Anaheim, CA 92804
LOCATION: 501-509 South Brookhurst Street - The Ritz.
Property is 1.92 acres located
on the west side of Brookhurst Street, 390 feet north of the centerline of Orange Avenue.
To amend or delete conditions of approval to add three additional holidays to the previously-
approved days of operation for a dance hall.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3269 DENIED request to amend conditions of approval.
( PC99-121) (5 yes votes, 1 absent, 1 no)
Negative Declaration previously approved.
WAIVER OF CODE REQUIREMENT
B3. 179:
CONDITIONAL USE PERMIT NO. 4118 NEGATIVE DECLARATION:
OWNER:
Susan Manuel, 4314 Marina City Drive, Apt. 516, Marina Del Rey, CA 90292
AGENT:
Pacific Rim Builders, One City Boulevard, Suite 1105, Orange, CA 92868
LOCATION: 5031 Orangethorpe Avenue.
Property is 3.88 acres located at the northwest
corner of Orangethorpe Avenue and Kellogg Drive.
To establish conformity with existing zoning code land use requirements for an existing
commercial center, including a liquor store, and to further subdivide this center to add 1 tenant
space for a total of 16 spaces with waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4118 GRANTED, IN PART ( PC99-122) (6 yes votes, 1 absent)
Waiver of Code Requirements DENIED
Approved Negative Declaration
The decision of the Planning Commission was appealed by Athanasios & Sofia Tatsis in a letter dated
July 27, 1999 and, therefore a Public Hearing will be scheduled at a later date.
CONDITIONAL USE PERMIT NO. 1151 AND NEGATIVE DECLARATION:
B4. 179:
OWNER:
The Evangelical United Brethren Church at Anaheim California, 800 S. Lemon Street,
Anaheim, CA 92805
AGENT:
Hope University, Attn: Janice Reyes, 800 S. Lemon Street, Anaheim, CA 92805
LOCATION: 800 South Lemon Street - Native American United Methodist Church/Hope
University.
Property is 1.86 acres located at the southeast corner of South Street and Lemon
Street
To permit a fine arts school for developmentally disabled adults in an existing church facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 1151 APPROVED, as readvertised. ( PC99-123) (5 yes votes)
(1 abstained) (1 absent)
Approved Negative Declaration.
CONDITIONAL USE PERMIT NO. 4134 AND NEGATIVE DECLARATION:
B5. 179:
OWNER:
The Clifford Companies ( CSIC), Attn: Loren Brucker, 1451 Quail Street, #210,
Newport Beach, CA 92660
AGENT:
CDL Associates, Inc., Attn: Carolyn Doyle, 28201 La Brisas Del Mar, San Juan
Capistrano, CA 92675
17
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JULY 27,1999
LOCATION: 8095 East Crystal Drive.
Property is 21.62 acres located on the west side of
Pullman Street, 38 feet west of the centerline of Crystal Drive.
To permit a retail and wholesale flooring company within an industrial complex.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4134 GRANTED ( PC99-125) (6 yes votes) (1 no vote)
Approved Negative Declaration
CONDITIONAL USE PERMIT NO. 4136 AND NEGATIVE DECLARATION:
B6. 179:
OWNER:
RRM Properties, LTD, 6830 Van Buren Boulevard, Riverside, CA 92509
AGENT:
Nextel Communications, 17275 Derian Avenue, Irvine, CA 92614
LOCATION: 201 East Commercial Street – Robertson’s Ready Mix.
Property is 2.69 acres
located on the north side of Commercial Street, 375 feet west of the centerline of Patt Street.
To construct a telecommunications facility “ monopalm ”.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4136 GRANTED for five years, to expire July 7, 2004.
( PC99-126) (6 yes votes) (1 absent)
Approved Negative Declaration
CONDITIONAL USE PERMIT NO. 3468 AND NEGATIVE DECLARATION:
B7. 179:
OWNER:
Faith Lutheran Church, Attn: Patricia L. Olson, 2219 West Orange Avenue, Anaheim,
CA 92804
LOCATION: 2219 West Orange Avenue.
Property is 2.36 acres located on the north side of
Orange Avenue, 200 feet west of the centerline of Brookhurst Street.
To amend or delete a condition of approval pertaining to the maximum number of children
permitted for an existing day care center in conjunction with a church facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3468 APPROVED amendment to conditions of approval ( PC99-127) (6 yes votes) (1
absent)
Negative Declaration previously approved.
CONDITIONAL USE PERMIT NO. 4132 AND NEGATIVE DECLARATION:
B8. 179:
OWNER:
Kaiser Foundation Hospitals, 393 East Walnut Street, Pasadena, CA 91188
AGENT:
Sprint PCS, Attn: Cindy Jolly, 18200 Von Karman Avenue, Suite 100, Irvine, CA
92612; John Murphy, 3150 Bristol Street, Suite 250, Costa Mesa, CA 92626
LOCATION: 441 North Lakeview Avenue – Kaiser Permanente.
Property is 9.45 acres
located at the northwest corner of Riverdale Avenue and Lakeview Avenue.
To construct a roof-mounted telecommunications facility on an existing hospital building.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4132 GRANTED ( PC99-128) (6 yes votes) ( 1absent)
Approved Negative Declaration.
WAIVER OF CODE REQUIREMENT
B9. 179:
CONDITIONAL USE PERMIT NO. 4135 NEGATIVE DECLARATION:
OWNER:
Joseph and Emma Kung, Roger and Randy Kung Trust, Attn: Joseph T. Kung, 20866
East Quail Run Drive, Diamond Bar, CA 91789
LOCATION: 5555-5665 East Santa Ana Canyon Road - Imperial Canyon Shopping Center.
Property is 5.03 acres located at the northwest corner of Santa Ana Canyon Road and Imperial
Highway.
To construct a 1-story retail building with roof-mounted equipment, an expansion of an existing
restaurant, an outdoor dining area in conjunction with the conversion of two retail/office units into
a restaurant, to subdivide 3 units into 3 retail units and 9 office units for a total of 55 units in the
commercial center, and construct four monument signs with waiver of (a) permitted commercial
center identification signs and (b) minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
18
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JULY 27,1999
CUP NO. 4135 GRANTED, IN PART ( PC99-129) (6 yes votes) (1 absent)
Waiver of Code Requirement APPROVED, IN PART , approving waiver (a) to permit
commercial center identification signs, and approving waiver (b).
Approved Negative Declaration.
CONDITIONAL USE PERMIT NO. 4137 AND NEGATIVE DECLARATION:
B10. 179:
OWNER:
Pierre Ces and Claudia Ces, 385 Bayside Drive North, Long Beach, CA 90803
AGENT:
Manuel and Delfina Corona, 708 North Buttonwood, Anaheim, CA 92805
LOCATION: 1811 West La Palma Avenue.
Property is 0.30 acre located on the north side of
La Palma Avenue, 124 feet east of the centerline of Onondaga Avenue.
To permit a convenience grocery market within an existing retail space.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4137 GRANTED ( PC99-130) (6 yes votes) (1 absent)
Approved Negative Declaration
Mayor Daly posed questions to staff for purposes of clarification which were answered by the Planning
Director, Joel Fick who indicated that staff was comfortable that the proposal was, in fact, an
improvement over current conditions.
END OF THE PLANNING COMMISSION ITEMS.
ITEM B11 FROM THE ZONING ADMINISTRATOR MEETING OF JULY 15, 1999 - DECISION
DATE: JULY 22, 1999
INFORMATION ONLY - APPEAL PERIOD ENDS AUGUST 2, 1999:
VARIANCE NO. 4373 AND TENTATVE PARCEL MAP NO. 99-159
B11. 179/170 :
CEQA CATEGORICAL EXEMPTION CLASS-15:
OWNER: Gary Frederick Almas and Joyce Almas, d.b.a. – Almaron Corporation, 8055 E.
Florence, Downey, CA 90240
AGENT: Jim Nugent, 521 Iris Avenue, Corona Del Mar, CA 92625
LOCATION: 828 South Western Avenue. Property is 1.04 acres located at the northwest corner
of Western Avenue.
To establish a 4-lot single-family residential subdivision in the RS-7200 Zone with waiver of
minimum lot width for a residential lot adjacent to an arterial highway and orientation of a lot
adjacent to an arterial highway.
ACTION TAKE BY THE ZONING ADMINSTRATOR:
Variance No. 4373 APPROVED ( ZA DECISION NO. ZA99-23), Tentative Parcel Map No. 99-159
APPROVED ( ZA DECISION NO. ZA99-24).
END OF THE ZONING ADMINISTRATOR ITEMS.
PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 364
D1. 155/134 :
ANAHEIM RESORT SPECIFIC PLAN NO. 92-2, AMENDMENT NO. 3
AND MITIGATED NEGATIVE DECLARATION:
INITIATED BY:
City of Anaheim (Planning Department), 200 S. Anaheim Boulevard, Anaheim,
CA 92805
LOCATION: 1175 - 1193 Casa Grande Avenue - Best Western Pavillions Motel.
Property
is 0.73-acre (4 parcels) located at the northwest corner of Casa Grande Avenue and Casa Vista
Street.
19
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JULY 27,1999
Planning Commission-initiated request to consider the following: (a ) An amendment to the Land
Use Element of the City of Anaheim General Plan to redesignate the subject property from the
existing "Medium Density Residential" to the "Commercial Recreation" land use designation;
and, (b) An amendment to the Anaheim Resort Specific Plan No. 92-2 incorporating and
reclassifying the subject property from the RM-1200 (Residential, Multiple-Family) Zone to the
SP92-2 (Anaheim Resort Specific Plan No. 92-2) Zone, and to amend the Specific Plan text,
exhibits and Zoning and Development Standards (Chapter 18.48 of the Anaheim Municipal
Code) to reflect said reclassification.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended approval of Exhibit A to City Council for GPA 364
( PC99-108) (6 yes votes, 1 absent).
Recommended approval of Anaheim Resort Specific Plan No. 92-2, Amendment No. 3. ( PC99-
109)
Approved Mitigated Negative Declaration and associated Mitigation Monitoring Program No.
0108.
Informational item from the meeting of July 13, 1999, Item B1. Set for Public Hearing due to
GPA.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News : July 15, 1999
Mailing to property owners within 300 feet : July 15, 1999
Posting of property : July 16, 1999
Joel Fick, Planning Director stated if there were any questions relative to the staff report (see Staff
Report to the Planning Commission dated June 21, 1999) either he or Linda Johnson, Senior Planner,
would be happy to answer those.
Mayor Daly. This would provide all the opportunities of being in the Resort Area as well as all the design
limitations – all the features of the Resort Plan would apply to the property. He asked if anyone was
present to speak; there being no response, he closed the Public Hearing.
MOTION. Mayor Daly moved to approve the Mitigated Negative Declaration ( MND) and associated
Mitigation Monitoring Plan No. 0108. Council Member McCracken seconded the motion. MOTION
CARRIED.
Mayor Daly offered Resolution No. 99R-166 for adoption approving General Plan Amendment No. 364,
Exhibit A and Resolution No. 99R-167 for adoption approving Anaheim Resort Specific Plan No. 92-2 –
Amendment No. 3. Refer to Resolution Book.
ENVIRONMENTAL IMPACT REPORT – MITIGATED NEGATIVE DECLARATION : On motion by Mayor
Daly, seconded by Council Member McCracken, the City Council does hereby approve a Mitigated
Negative Declaration on the subject project and accompanying Mitigation Monitoring Program No. 0108
pursuant to Section 21081.6 of the Public Resources Code. MOTION CARRIED.
Mayor Daly offered Resolution Nos. 99R-166 and 99R-167 for adoption. Refer to Resolution Book.
RESOLUTION NO. 99R-166 : A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE
ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 364.
RESOLUTION NO. 99R-167 : A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM APPROVING ANAHEIM RESORT SPECIFIC
PLAN NO. 92-2 (AMENDMENT NO. 3)
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Mayor Daly offered Ordinance No. 5694 for first reading.
ORDINANCE NO. 5694 (INTRODUCTION ) AN ORDINANCE OF THE
CITY OF ANAHEIM AMENDING CHAPTER 18.48 OF TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE AND THE ZONING MAP (AMENDMENT
NO. 3 TO ANAHEIM RESORT SPECIFIC PLAN NO. 92-2).
Roll Call Vote on Resolution Nos. 99R-166 and 99R-167 for adoption:
AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS : None
ABSENT: MAYOR/COUNCIL MEMBERS : None
The Mayor declared Resolution Nos. 99R-166 and 99R-167 duly passed and adopted.
CONTINUED PUBLIC HEARING - ENVIRONMENTAL IMPACT REPORT NO.
D2. 155/179/170 :
280 ( PREV. CERTIFIED) THE PACIFICENTER SPECIFIC PLAN NO. 88-3
(AMENDMENT NO. 3) AND FINAL SITE PLAN CONDITIONAL USE PERMIT NO. 4119
TENTATIVE PARCEL MAP NO. 99-129
REQUEST FOR CITY COUNCIL REVIEW OF 10c and 10d:
OWNER:
Catellus Development, SF Pacific Properties, Inc. 800 N. Alameda, #100, Los
Angeles, CA 90012
AGENT:
Fancher Development, 1342 Bell Avenue, #3K, Tustin, CA 92780
Planning Co. Associates, Inc., 550 N. Brand Blvd., #530, Glendale, CA 91203
LOCATION: 3610-3720 East La Palma Avenue and 1001-1091 North Tustin Avenue - The
Pacificenter Specific Plan No. 88-3. Property is 25.71 acres located at the southwest corner of
La Palma Avenue and Tustin Avenue.
Specific Plan No. 88-3, Amendment No. 3 and Final Site Plan
- Request approval of
Amendment No. 3 of the Pacificenter Specific Plan ( SP88 -3) (amending Exhibit Nos. 4 and 6,
consolidation of Development Areas, amending Development Standards, including, but not
limited to required parking, landscaping, setbacks, etc., listed permitted and conditionally
permitted uses, and the Sign Program Appendix) and a Final Site Plan in order to create a
single, unified Development Area for the development of a mixed-use commercial center within
the Specific Plan, including the development of retail, office, hotel and other supporting uses.
Conditional Use Permit No. 4119
- To permit a drive-through fast food restaurant.
Tentative Parcel Map No. 99-129
- To permit a 5-lot commercial subdivision within the existing
mixed-use commercial center (to create a total of 11 parcels within the boundaries of the
Pacificenter Specific Plan ( SP88-3) Zone).
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended approval to City Council of the Pacificenter Specific Plan No. 88-3
(AMENDMENT NO. 3) and Final Site Plan ( PC99-102)
(5 yes votes, 2 absent).
GRANTED CUP NO. 4119 ( PC99-103).
Approved Tentative Parcel Map No. 99-129.
EIR NO. 280 previously certified.
Approved request for City Council review
Informational item from the meeting of June 22, 1999, Item B7.
Catellus Development Corporation requested to be continued, Public Hearing continued from the
meeting of July 20, 1999, Item D4.
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JULY 27,1999
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News : July 8, 1999
Mailing to property owners within 300 feet : July 6, 1999
Posting of property : July 9, 1999
Greg Hastings, Zoning Division Manager described the proposal as outlined in the Staff Report to the
Planning Commission dated June 7, 1999. He also noted that staff has worked closely with the applicant
and does feel that the Specific Plan Amendment and CUP as conditioned will result in a quality project.
However, staff continues to question the need for the two freestanding signs requested. The first sign is
70’ high with four panels identifying the center. The Commission required that the future final plan for
the sign be submitted for their review. Staff feels the usual sign to be sufficient. The second sign is 6 ½’
high and would match the existing sign that was approved for Carl’s Jr. Staff feels the usual sign is
sufficient for this as well. If Council approves the applicant’s request, staff recommends the following
five housekeeping measures for the record:
(1) Inclusion of the 26 conditions of approval for the Specific Plan Amendment as outlined in the June 7,
1999 staff report to the Planning Commission as revised to reflect the approved proposal. (2)
Elimination of the Specific Plan condition of approval pertaining to the Tustin Avenue traffic signal since
the City will take responsibility for the signal. (3) Adding a condition to the Specific Plan requiring
compliance with the Mitigation Monitoring Plan. (4) Clarifying in the Specific Plan Amendment that
not
Conditional Use Permits for convenience markets would be in conjunction with service stations. (5)
Revision to the one mitigation measure added at the Planning Commission meeting which should be
corrected to read as follows: “That the City of Anaheim shall implement the “Scoot” System along
LaPalma Avenue, Kraemer Boulevard and Tustin Avenue for a total of 13 intersections in the vicinity of
the Pacificenter. The implementation includes new traffic signal equipment/cabinet, using/installing
2070N Traffic Signal Controller and Scoot loops at an estimated cost of $24,500 per intersection”. The
timing of implementation would be at the discretion of the City Engineer.
Staff would also like to bring to the Council’s attention that the Owner Participation Agreement between
the Redevelopment Agency and the developer has not yet been finalized and that staff would
recommend that the agreement be secured and considered on a future agenda prior to the adoption of
an ordinance for this Specific Plan Amendment. He confirmed for the Mayor that staff recommendations
coincide with the Planning Commission. The other points he brought up were approved by the
Commission but they did not make it into the resolution.
Joel Fick , Planning Director. The Clarification that Mr. Hastings provided on the Owner-Participation
Agreement ( OPA) was that it would be completed with the Agency and the Applicant by today. Staff
from both the Community Development and the Planning Department think that the proposal is a sound
one and would continue to recommend that the project be approved subject to the conditioning of that
agreement being reached before the second reading of the ordinance. The Council would be approving
the land use plan today but it could not go into effect or be implemented through second reading unless
the agreement comes back to Council. The suggestion is that Council approval incorporate those items
outlined by Mr. Hastings which include an added new condition that there will not be a second reading or
adoption of the ordinance until the Owner Participation agreement comes back to the Council.
Lisa Stipkovich , Executive Director of Community Development. The reason why the Owner-
Participation agreement is included as a condition is because it relates to the mitigation measures,
particularly the traffic signal and Scoot System. They will be seeing the full agreement which will
dedicate certain land and Catellus will be taking over certain obligations currently handled by the
Agency . They were not able to get the final agreement finished in time for this meeting but did not want
to hold up the entitlements.
Joel Fick clarified for the Mayor that Catellus is in agreement with the “housekeeping” items; Greg
Hastings confirmed that the area of disagreement is only relative to the two signs.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JULY 27,1999
Mayor Daly. Staff’s recommendation is not to allow the monument sign and the pylon sign but that the
wall-mounted signs are sufficient ; Greg Hastings. He confirmed that was correct. He further clarified for
the Mayor that there is a requirement in the Specific Plan that there are final plan approvals of all the
buildings -- the two that were not ready were the hotel and retail/restaurant building which are to go back
to the Planning Commission and Council.
Council Member Tait asked if the same was true with the signage; Greg Hastings. The pylon sign only,
the other sign they felt comfortable with – the signs on the building as well as the requested monument
sign.
Mayor Daly opened the Public Hearing and asked first to hear from the applicant or applicant’s agent.
th
Applicant’s Statement : W. Roderick Hamilton, Catellus Development, 304 S. Broadway, 4 Floor, Los
Angeles, CA, Owner of the Pacificenter. The only issues tonight and the main issues before the
Planning Commission pertain to signage. Scott Duffner is present from Taco Bell ( Tricon). He would
defer to Mr. Duffner with regard to the Taco Bell sign. He (Hamilton) is specifically concerned with the
pylon sign to be erected. He has a letter and photographs that show the composting of the proposed
pylon sign on the site. He thereupon submitted letter dated July 27, 1999 attached to which were two
photographs, one approaching Anaheim Pacificenter eastbound on the Riverside Freeway showing the
proposed hotel, Expo Store and pylon sign and the other approaching Anaheim Pacificenter westbound
on the Riverside Freeway showing the same. (Letter and photographs made a part of the record.) He
explained, particularly with the westbound traffic, the issue they are dealing with. Tustin Avenue is
bermed up to bridge over the freeway which creates a lower elevation for the building such that the Expo
Design Center proposed to be built there is virtually invisible to the westbound traffic on the Riverside
Freeway. Wall signage at that elevation could not be seen.
On the eastbound approach to the Pacificenter, there are a number of trees which are a part of the
extensive landscaping scheme of the Pacificenter. Any wall signage will be obscured by the trees.
Therefore, the pylon sign at the corner of Tustin and westbound on-ramps to the freeway becomes very
critical as wayfinding for people coming to Anaheim. The Planning Commission deemed 70’ to be
excessive but that 55’ would serve the purpose both east and westbound on the freeway to identify the
site. They embrace the Commission’s decision and urge the Council to concur and approve the 55’
pylon sign. The Commission did ask them to come back with the specific design for their final approval
before fabrication and installation.
Mayor Daly and Council Members then posed questions to Mr. Hamilton for purposes of clarification
relative to the signage requested. In concluding, Mayor Daly stated he is going to suggest approving all
the items where there is agreement with Planning staff, the applicant and the Planning Commission. For
those areas where there is disagreement, and particularly the signage especially in light of the fact that
the final plan has to go back to the Planning Commission, he is going to suggest they take some time to
deal with all of the issues of signage in that “neighborhood”. His concern is that they preserve and
protect the 2,500-acre neighborhood. He does not think the graphics presented are sufficient to allow
them to make a decision.
Additional discussion/questioning/clarification followed between the Mayor, Council Member, staff and
Mr. Hamilton relative to the signage issue request, what is allowed in the area, the Planning
Commission’s rationale in approving 55’, reasons why staff is recommending against, etc.
Mayor Daly then asked if anyone else wished to speak.
Scott Duffner, Vice President, Fancher Development present tonight on behalf of Tricon International
Restaurants/Taco Bell. It is important to them that the monument sign be approved for Taco Bell. With
the second amendment to the Specific Plan, designated for the pad site proposed for Taco Bell, is a
single-story restaurant with monument sign. While the pad implies a closer proximity to Tustin than
Carl’s does to La Palma, with the drive-through element they are proposing, they will be installing as a
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JULY 27,1999
condition of the CUP substantial landscaping including the 3’ retaining wall with a 3’ berm over that.
Once they add flaura to the top, there will be substantial “ground clutter” breaking up what is already a
non-typical image to the Taco Bell design they are proposing in order to blend with the existing
architecture of the shopping center, such that the monument sign proposed will be a substantial asset to
the location in order to readily identify the site’s location from anywhere on Tustin , much less LaPalma .
Greg Hastings then confirmed, upon Council questioning, that the monument sign is not allowed at all.
There being no further persons who wished to speak, Mayor Daly closed the Public Hearing.
Mayor Daly. He already put on the table an idea which would allow everything else to proceed except
the signage questions which would be continued for two weeks. It would allow staff to return to the
Council with more information on what is going on in the entire neighborhood especially the 91 Freeway
Corridor. He would like a response as to how they are going to be identifying the 2,500 acre master plan
- the Anaheim Canyon Business Center - which right now has zero identification off the 91. It is a major
business neighborhood for the City and ought to be for all of Southern California.
Lisa Stipkovich , Executive Director of Community Development. She would like to have the opportunity
to work further on this issue. She agrees they need a more comprehensive approach to signage and
better exhibits to understand exactly what is being proposed. She believes the Council is challenging
staff to come up with a bigger vision on how this project could be part of a larger signage or identity
program. It is a matter of figuring out whether the signage can be separate from the action because it is
an amendment to the Specific Plan. At a minimum, staff could ask that the matter be continued to give
at least two weeks to work out the signage issues and bring the package back by August 10, 1999.
City Attorney White. The action suggested could be done, in staff’s opinion, by changing the language in
the Specific Plan conditions that right now has a condition relating to the pylon sign, to approve that sign ,
changing that to provide the signage would be as approved by the City Council. That would then come
back at a later date for Council approval adopting the Specific Plan with the revised condition that would
approve everything other than the sign. That is the only way he can see. He clarified that the Council
could take action on the items as recommended, (i.e., the CEQA finding, CUP 4119, Pacificenter
Specific Plan No. 88-3, Final Site Plan and Tentative Parcel Map No. 99-129). The proposed ordinance
could also be introduced. When the discussion started, it was suggested a condition that could also be
added that would hold adoption of the ordinance until the Owner-Participation agreement is brought back
and agendized. That will come back as well.
Joel Fick , Planning Director. The only clarification he will request is that the Council clarify the action –
whether it is just the pylon sign or the pylon and the (Taco Bell) monument sign ; Mayor Daly. He is
suggesting both since he is even uncomfortable with the wall signs on the hotel until they see graphic
depictions. He would like to deal with all the signage together on the property.
Joel Fick . Staff concurs with the comments of the City Attorney that the condition be amended and
which leaves the signage open ended, but also subject to approval of the City Council on the exhibits
which would need to be brought back to Council; Mayor Daly stated they would need to see all the
exhibits.
Council Member Tait . He suggested they perhaps ought to put the whole matter off for two weeks ; Lisa
Stipkovich. She stated it would be helpful if the Public Hearing is closed thereby eliminating the need to
address the whole issue from the beginning. (Mayor Daly had previously closed the Public Hearing.)
Mayor Daly. He believes it is a good idea to proceed with the other entitlements.
ENVIRONMENTAL IMPACT REPORT FINDING – EIR NO. 280:
On motion by Mayor Daly, seconded by Council Member McCracken, the City Council finds that on
February 28, 1989, it has previously Certified EIR No. 280 making certain findings in connection
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JULY 27,1999
therewith and finding that there are no additional impacts in connection with the subject action. MOTION
CARRIED.
Mayor Daly offered Resolution No. 99R-168 for adoption granting Conditional Use Permit No. 4119 and
Resolution No. 99R-169 for adoption approving Pacificenter Specific Plan No. 88-3 and Final Site Plan
with language to be amended along the lines suggested by the Planning Director and the City Attorney
including all the housekeeping matters previously brought up as well as removing the signage approval.
Refer to Resolution Book.
RESOLUTION NO. 99R-168 : A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 4119.
RESOLUTION NO. 99R-169 : A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM APPROVING PACIFICENTER SPECIFIC
PLAN NO. 88-3 AND FINAL SITE PLAN.
Before action was taken, Mr. Fick answered questions posed by Council Member Feldhaus relative to
some of the specifics of the proposal.
Joel Fick . Answering the Mayor, confirmed Staff is comfortable with the proposed actions which
incorporate the changes Mr. Hastings outlined in his initial remarks and as the applicant indicated in his
presentation, he was in agreement with those changes as well.
Roll Call Vote on Resolution Nos. 99R-168 and 99R-169 for adoption:
AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS : None
ABSENT: MAYOR/COUNCIL MEMBERS : None
The Mayor declared Resolution Nos. 99R-168 and 99R-169 duly passed and adopted.
Mayor Daly offered Ordinance No. 5695 for First Reading.
ORDINANCE NO. 5695: (INTRODUCTION) AN ORDINANCE OF THE
CITY OF ANAHEIM AMENDING CHAPTER 18.73 OF TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO SPECIFIC PLAN NO. 88-3
AND AMENDING ORDINANCE NOS. 5045 AND 5046, AS PREVIOUSLY
AMENDED, ACCORDINGLY (THE PACIFICENTER ANAHEIM SPECIFIC
PLAN).
Mayor Daly asked if the Ordinance will be coming back at the next meeting or come back only with the
final OPA; City Attorney White answered, it will come back with the final OPA and that may be at the
next meeting or maybe not.
MOTION. Mayor Daly moved to approve Tentative Parcel Map No. 99-129. Council Member
McCracken seconded the motion. MOTION CARRIED.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JULY 27,1999
Mayor Daly. The Council is looking forward to receiving more detailed exhibits prior to the next meeting.
REPORT ON CLOSED SESSION ACTIONS:
C1.
City Attorney White stated there are no actions to report.
COUNCIL COMMENTS:
C2.
Mayor Daly and Council Members gave additional parting comments relative to the retirement of the City
Clerk, Lee Sohl, this being her last Council Meeting. They wished her well in the new phase of her life
noting that again she will be missed.
* * * * * * * * * * * * * * * * * * *
Council Member Feldhaus :
He is pleased that the Council is now receiving advance information on
preliminary planning submittals. It is something he would like to see continued; Mayor Daly agreed that
the early information is very helpful. He noted that one of the items involved a proposed “laundry mart”
on Beach Boulevard, i.e., Lucy’s Laundry Mart. He would like to know if that is a discretionary permit.
Joel Fick : He explained that the items on the pre-file log are not always pursued and are concepts
submitted to the City. In almost all cases, they are discretionary items; Mayor Daly asked to be provided
with additional information specifically on Lucy’s Laundry Mart and if that is discretionary.
* * * * * * * * * * * * * * * * * * * *
Mayor Daly :
Speaking to the Assistant City Manager, Dave Morgan, Mayor Daly stated he has an item
for City Manager Ruth regarding the Orangethorpe Corridor – the freight train corridor running through
the northern section of Anaheim. Some cities along the route are aggressively supporting a lowering of
the freight line tracks. Other cities such as Yorba Linda appear to be split on whether to support that or
not. Decisions are being made every day about spending money along this route. Anaheim is currently
cooperating with Caltrans in the preliminary planning for an overcrossing over the freight line tracks. He
would like the City Manager to communicate with all the other City Manager’s along that route – Yorba
Linda, Placentia, Fullerton – to understand what decisions are being made by the other cities in the area
and what does the City Manager recommend Anaheim do. What interests him most is that Placentia is
aggressively pursuing lowering the tracks and are communicating with County, State and Federal offices.
Anaheim is cooperating with Yorba Linda to plan the overcrossing at Imperial which would be in direct
conflict with lowering the tracks. Before any final decisions, he is wondering what the status of the
Imperial Bridge over the tracks is. He is bringing the issue up tonight because Supervisor Coad has
mentioned this to him a few times. She is pushing hard at the County Transportation Authority and the
County of Orange government to obtain any monies possible or redirecting monies toward lowering the
tracks. If lowered, it will be a five or six mile stretch. Anaheim needs to either support it or not support it.
It is necessary to make some decisions. They need to know in particular if Yorba Linda favors lowering
of the tracks. Supervisor Coad is going to be sending a letter to the City (Anaheim) encouraging support
for lowering the tracks. He feels it is a great idea for Anaheim to support that plan. He knows Placentia
is fully aboard and they absorb most of the impact now.
Tom Wood, Assistant City Manager-Development. The related issue has to do with the sound wall.
Anaheim residents have pushed very hard for the sound wall and the funding that came through some
time back. Staff is coordinating with OCTA and Caltrans relative to the design of the sound wall project
which adds to the confusion.
Mayor Daly. The Council will await a report back from staff on the issue and to see if it is possible to
establish a strategy with all four cities.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JULY 27,1999
ADJOURNMENT: By general Council consent, the Council Meeting of July 27, 1999 was adjourned
(9:15 P.M.).
LEONORA N. SOHL
CITY CLERK
27