1997/06/03CITY OF ANAHEIM, CALIFORNIA- CITY COUNCIL MINUTES
JUNE 3, 1997
The City Council of the City of Anaheim met in regular session.
PRESENT:
PRESENT:
ABSENT:
PRESENT:
MAYOR: Tom Daly
COUNCIL MEMBERS: Shirley McCracken, Tom Tait, Bob Zemel, Lou Lopez,
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
ASSISTANT CITY CLERK: Ann M. Sauvageau
HUMAN RESOURCES/LABOR RELATIONS DIRECTOR: Dave Hill
FINANCE DIRECTOR: Bill Sweeney
STADIUM/CONVENTION CENTER GENERAL MANAGER: Greg Smith
PLANNING DIRECTOR: Joel Fick
ZONING DIVISION MANAGER: Greg Hastings
PRINCIPAL TRANSPORTATION PLANNER: Alfred Yalda
REDEVELOPMENT & PROPERTY SERVICES MANAGER: Robert Zur Schmiede
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:10 p.m. on
May 30, 1997 at the City Hall Kiosk, containing all items as shown herein.
Mayor Daly called the regular meeting of June 3, 1997 to order (3:20 P.M.). The first portion of the
meeting will be a continuation of the Public Hearing on the 1997/98 Fiscal Year Budget. (See minutes of
the Special Meeting of June 3, 1997 which started at 2:00 P.M.)
106: PUBLIC HEARING - CITY BUDGET: To consider the proposed 1997/98 Budget Plan.
FISCAL YEAR 1997/98 DEPARTMENTAL BUDGET WORKSHOP (Continuation):
The following Department Heads gave an overview of their department's proposed budget, some
explaining their plans and their objectives for the coming year and accomplishments in the past fiscal
year. Questions were also posed by Council Members at the conclusion of some of the presentations
which were answered by the Department Head or appropriate staff: (Most presentations were
supplemented by slides.)
Dave Hill, Human Resources Director- Human Resources Department - Budget Document Pages 56
and 57. After his presentation, he explained for Council Member Lopez that relative to medical benefits,
the City went through a major restructuring of health plans in 1997 and there is now almost one-half year
experience under that restructuring. They are at a point where they can begin to make an assessment
and the employee Health Council will be looking at the issue. Answering Council Member Zemel, he
explained one of the responsibilities of the Human Resources Department is to continuously evaluate all
the (health) plans offered through the City as an employer to make sure the City is getting its money's
worth with high-quality benefits at a reasonable cost.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JUNE 3, 1997
Bill Sweeney, Finance Director- Finance Department - Budget Document Pages 50 - 53. He reported on
the Department's six divisions - Administration, Accounting and Payroll, Purchasing and Reprographics,
Business License and Collections, Information Services and Budget.
Greg Smith, General Manager, Stadium and Convention Center- Budget Document Pages 70-77.
(Convention Center, Stadium, Arrowhead Pond) He emphasized the fact that again this year, there will
be no General Fund transfer subsidy to the Convention Center and that will be the case even though
there will be a Convention Center expansion. Not only will they not require a General Fund subsidy, but
will also be making a positive cash flow from operations. The facility has been in the black over the last
two years.
At the conclusion of his presentation, he explained for Council Member Zemel that relative to the $1.5
million payment at the Arrowhead Pond (Arena), the original shortfall was expected to be eight years at
$2.5 million per year with a total exposure of $20 million. With the Mighty Ducks coming on board and a
renegotiation of the agreement, the City is now only left with five years at $1.5 million per year and that
payment lags -- the City will make the payment the year following the loss, if there is a loss, and it is
expected that there will be. The City will make up to $1.5 million of that in the upcoming fiscal year.
City Manager, James Ruth. Also as a result of the refinancing of the bond debt, they were able to
generate about $2.5 million in additional income. That was invested and now there is about $3 million in
Arena land reserves which will take care of the next two years (years four and five). The first payment
would be due this October. If they get a basketball team in the meantime, that obligation goes away.
The ultimate exposure is three years which amounts to $4.5 million. If they get a basketball team, even
that will go away.
Council Member Zemel. He would like to know more about that formula perhaps later on to be more
aware of exactly what that liability is and the opportunities to try to fix it; Greg Smith. Staff will prepare a
summary of how that agreement is written.
Council Member Tait asked to receive a copy of the slides shown in Mr. Smith's presentation.
Greg Smith. He also explained for the Mayor, relative to questions posed about the success of the
arena, the arena is doing well hosting a large number of events. It is successful and has been received
by everyone in a very positive manner. The Arena income is subject to what events are touring and
what might be happening in the concert or sports industry. In terms of total events, it is ahead of
projections.
Mr. Smith then introduced Mr. Charles Ahlers, President of the Visitor and Convention Bureau.
Charles Ahlers, President, Anaheim/Orange County Visitor and Convention Bureau. (See Budget
Document, Page 77). Mr. Ahlers submitted a booklet entitled, "Anaheim/Orange County Visitor &
Convention Bureau - Operating Plan" - 1997-1995 - Draft (5/2/97) which was made a part of the record.
The booklet contained much of the data and information given in his externsive presentation (which was
supplemented by slides) covering - Competitive Analysis, Tourism Development, Convention Sales and
Services, Conventiion Housing, Communications/Publications, etc. (Also see Memorandum dated May
13, 1997 - Subject: Proposed 1997-95 Budget Overview which was a part of the booklet submitted.)
At the conclusion of Mr. Ahler's presentation, City Manager Ruth announced that Gene Brewer,
Chairman, Budget Advisory Commission was present. The Commission has submitted a
recommendation on the proposed budget.
Mayor Daly. He asked if Mr. Brewer is going to give his presentation today or next Tuesday.
Mr. Gene Brewer, Chairman, Budget Advisory Commission. He is prepared today but will make his
presentation next Tuesday.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JUNE 3, 1997
City Manager Ruth. This concludes the departmental presentations for today. The next scheduled
meeting on the Budget is next Tuesday.
City Attorney White. It would be appropriate at this time to open the Public Hearing on the Budget and to
receive any comments anyone wants to make and subsequently continue the Public Hearing to Tuesday,
June 10, 1997 at 2:00 P.M.
Mayor Daly opened the Public Hearing on the 1997/98 City Budget and asked to hear from anyone who
wished to speak today noting that there will be an opportunity to do so again on next Tuesday.
No one wished to speak at this time.
MOTION. Mayor Daly moved to continue the Public Hearing on the 1997/98 Budget to Tuesday, June
10, 1997. Council Member Lopez seconded the motion. MOTION CARRIED.
By general consent, the Council recessed into Closed Session. (4:17 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 Close Session items.
The following items are to be considered at the Closed Session.
CONFERENCE WITH LABOR NEGOTIATOR:
Agency negotiator: Dave Hill
Employee organizations: AFA, AMEA, Local #1877, IBEW, APA, Local #952,
represented employees.
and non-
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - Existing Litigation:
Name of case: Delmonico, et al. v. City of Anaheim, et al. (and 18 related cases) Orange
County Superior Court Case No. 70-80-71.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - Existing Litigation:
Name of case: Richter Farms and Richter Farms Trust dba Rancho La Paz v. City of Anaheim,
et al., Orange County Superior Court Case No. 77-63-35.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JUNE 3, 1997
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - Existing Litigation:
Name of case: Hicks v. City of Anaheim, et al., Orange County Superior Court Case No. 76-43-
60.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to subdivision (c) of Section 54956.9: 1 potential case.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Government Code Section 54956.8)
Property: 411 E. Cypress Street
Negotiating parties: Anaheim Redevelopment Agency and Jose and Maria Ramirez
Under negotiation: Price and terms.
RECESS:
Mayor Daly moved to recess into Closed Session. Council Member McCracken seconded the
motion. MOTION CARRIED. (4:17 p.m.)
AFTER RECESS:
The Mayor called the meeting to order, all Council Members being present, and welcomed those
in attendance to the Council meeting. (5:18 p.m.)
INVOCATION:
Reverend Adam D. McCoy, St. Michael's Episcopal Church, gave the invocation.
FLAG SALUTE:
Council Member Bob Zemel led the assembly in the Pledge of Allegiance to the Flag.
119: PRESENTATION - RECOGNIZING ANAHEIM FOR CONTRIBUTIONS TO THE COMBINED
HEALTH APPEAL FOR THE 1997 EMPLOYEE CHARITIES FUND DRIVE:
Ms. Loretta Moody, Representative, Combined Health Appeal. She is pleased to recognize the City's
support of the recent campaign as well as all City employees whose contributions made the appeal such
a success. She then gave the background relative to her organization noting that 1996 was their third
year in the Anaheim City Charity Campaign which showed a 4% increase in contributions over the 1995
campaign for a total of $7,500. They would like to show their appreciation to the City's Police
Department who led the charitable event. She thereupon presented an award to Police Chief Gaston
who chaired the City's campaign, for being the "Best Big City Campaign" in the large-city category in
1996. She also recognized those who assisted Chief Gaston -- Margie Doherty, Nancy Galicinao and
Mary Foss.
Mayor Daly thanked Ms. Moody for being present today and for recognizing the City for its success in the
Combined Health Appeal as well as Chief Gaston and all participating City employees.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JUNE 3, 1997
119: PRESENTATION - 1997 ANAHEIM SISTER CITIES ASSOCIATION SCHOLARSHIP
RECIPIENTS: Mr. John Poole, Representative of the Sister Cities Association (and the City's Code
Enforcement Manager), introduced the 1997 Anaheim Sister Cities Association Scholarship recipients all
from Gilbert East High School -- Catherine Elizabeth Bono, Erik Lee Miller and Matthew J. Stevens. This
is the 11th year students are being sent to Mite, Japan in the 21st year of Anaheim's Sister City
relationship. It is the first time, however, they have ever been able to send three students at one time.
He gave the background of the program sponsored solely by donations with no government money
involved. Before asking the students to speak, he also introduced Jan Billings, Superintendent of the
Anaheim Union High School District who was present in the Chamber audience noting that it is a tribute
to Mrs. Billings and the Principal of Gilbert East, Byron Takata as well as the Counselor, Mr. Hughie to
have all three students come from that school.
Catherine Bono, Erik Miller and Matthew Stevens all thanked the Sister Cities Association and expressed
how happy they were to be representing their school and the City of Anaheim and the opportunity to have
what they consider a major life experience in travelling to Mite, Japan to experience the culture of the
country first hand.
Mayor Daly, on behalf of the Council and the City, congratulated the students. He is sure they will make
great ambassadors for their City and country. He also acknowledged Superintendent Billings. As Mr.
Peele noted, all three recipients are from Gilber East which is one of the continuation High Schools in
Anaheim. As the students testified, they are getting a great education. Anaheim has an excellent High
School system thanks to Mrs. Billings and all the public educators who are doing an outstanding job.
Mr. Poole noted that Paul Bostwick, the current President of the Sister Cities Association had just
entered the Council Chamber; Paul Bestwick. He encouraged those Anaheim citizens who could do so
to host any of the 20 students who would be coming from Mite July 21 through August 16.
RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT
ANOTHER TIME:
DECLARATION recognizing the recipients of the Greater Anaheim Chamber of Commerce 1997
Community Awards.
2. PROCLAMATION proclaiming June 5, 1997 as Leadership Anaheim Day.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,633,173.01 for the period ending May
27, 1997 and $1,523,635.71 for the period ending June 2, 1997, in accordance with the 1996-97 Budget,
were approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing
Authority meetings. (5:33 p.m.)
Mayor Daly reconvened the City Council Meeting (5:35 p.m.)
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JUNE 3, 1997
ADDITIONS TO THE AGENDA: There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST: No items of public interest were addressed.
PUBLIC COMMENTS - AGENDA ITEMS: There were no public comments on City Council Agenda
items.
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for
the Council meeting of June 3, 1997. Council Member Lopez seconded the motion. MOTION
CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Mayor Daly, seconded by
Council Member Lopez, the following items were approved in accordance with the reports, certifications
and recommendations furnished each Council Member and as listed on the Consent Calendar;
Al.
118: Rejecting and denying certain claims filed against the City. Referred to Risk Management.
The following claims were filed against the City and actions taken as recommended:
a. Claim submitted by Bettie Nakadate for property damage sustained purportedly due to actions
of the City on or about February 23, 1997.
b. Claim submitted by Michael Horvath c/o Richard L. Riemer, Esq. for property damage
sustained purportedly due to actions of the City on or about December 15, 1996.
c. Claim submitted by Robert R. Jone for property damage sustained purportedly due to actions
of the City on or about August 10, 1996.
d. Claim submitted by Mrs. Georgia Rinden for property damage sustained purportedly due to
actions of the City on or about March 12, 1997.
e. Claim submitted by Grand Touring c/o Philip A. Koenen for property damage sustained
purportedly due to actions of the City on or about March 24, 1997.
f. Claim submitted by Alvaro Flaviano Solares for property damage sustained purportedly due to
actions of the City on or about March 15, 1997.
g. Claim submitted by Ron Valdez for property damage sustained purportedly due to actions of
the City on or about March 22, 1997.
h. Claim submitted by Rob Hallerbach for property damage sustained purportedly due to actions
of the City on or about January 15, 1997.
i. Claim submitted by Antonio Cook c/o Stevens, Kramer, Averbuck & Harris for indemnity
purportedly arising out of actions of the City on or about February 26, 1996. (Main Action: Fay
Sadeghi vs. City of Anaheim OCSC No. 76 38 68)
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JUNE 3, 1997
A2.
A3.
A4.
A5.
A6.
j. Claim submitted by Bruce Cook c/o Stevens, Kramer, Averbuck & Harris for indemnity
purportedly arising out of actions of the City on or about February 26, 1997. (Main Action: Fay
Sadeghi vs. City of Anaheim OCSC No. 76 38 68)
k. Claim submitted by Henry C. Ponteprino for property damage sustained purportedly due to
actions of the City on or about April 6, 1997.
I. Claim submitted by Aurelia Rios for property damage sustained purportedly due to actions of
the City on or about April 9, 1997.
m. Claim submitted by Ryan M. Rosell for property damage sustained purportedly due to actions
of the City on or about April 6, 1997.
156: Receiving and filing the Anaheim Police Department Crime Statistical Report for the month
of April 1997.
114: Receiving and filing Resolution No. 1997-22 from the City of San Bruno objecting to the
sale of gasoline products containing methyl tertiary butyl ether (MTBE).
173: Receiving and filing Application No. 97-05-026 from Southern California Gas Company -
Notice to Customers of Proposed Rate Increase as filed with the California Public Utilities
Commission, to be effective January 1, 1998.
105: Receiving and filing minutes of the Anaheim Private Industry Council meeting held April
24, 1997.
105: Receiving and filing minutes of the Budget Advisory Commission meeting held March 19,
1997.
175: Receiving and filing a Notice of Filing (May 16, 1997) Docket No. ER97-2802-000 Deseret
Generation & Transmission Cooperative before the United States of America Federal Energy
Regulatory Commission for a proposed rider to its Service Agreement no. 5 under FERC Electric
Tariff, Original Volume No. 1.
167: Awarding a contract to the lowest responsible bidder, Baxter-Griffin Company, Inc., in the
amount of $30,800 for Weir Canyon Avenue Traffic Signal System Detectors (Weir Canyon
Road from Monte Vista Road to Serrano Avenue); and in the event said Iow bidder fails to
comply with the terms of the award, awarding the contract to the second Iow bidder, as well as
waiving any irregularities in the bids of both the Iow and second Iow bidders.
164: Awarding a contract to the lowest responsible bidder, Calfon Construction, Inc., in the
amount of $38,164 for alley storm drain improvement (629 feet west of Knott Street and 113.49
feet south of Del Monte Drive); and in the event said Iow bidder fails to comply with the terms of
the award, awarding the contract to the second Iow bidder, as well as waiving any irregularities in
the bids of both the Iow and second Iow bidders.
175: Awarding a contract to the lowest responsible bidder, Valverde Construction, Inc., in the
amount of $133,525 for Large Valve Replacement; and in the event said Iow bidder fails to
comply with the terms of the award, awarding the contract to the second Iow bidder, as well as
waiving any irregularities in the bids of both the Iow and second Iow bidders.
175: Awarding a contract to the lowest responsible bidder, Steve Casada Construction
Company, Inc., in the amount of $223,000 for Crestwood Lane 12" Water Main Improvements;
and in the event said Iow bidder fails to comply with the terms of the award, awarding the
contract to the second Iow bidder, as well as waiving any irregularities in the bids of both the Iow
and second Iow bidders.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JUNE 3, 1997
A7.
A8.
A9.
Council
169: Awarding a contract to the lowest responsible bidder, Hillcrest Contracting, Inc., in the
amount of $271,111.69 for State College Boulevard Pavement Rehabilitation Project from La
Palma Avenue to Lincoln Avenue; and in the event said Iow bidder fails to comply with the terms
of the award, awarding the contract to the second Iow bidder, as well as waiving any irregularities
in the bids of both the Iow and second Iow bidders.
175: Awarding a contract to the lowest responsible bidder, ELC Electric, Inc., in the amount of
$492,813.62 for Backbone Circuit Rehabilitation; and in the event said Iow bidder fails to comply
with the terms of the award, awarding the contract to the second Iow bidder, as well as waiving
any irregularities in the bids of both the Iow and second Iow bidders.
123: Approving a First Amendment to Agreement with HNTB, Inc., in an amount not to exceed
$50,000 for design services for the State College Boulevard/SR-91 Freeway Interchange Project;
and authorizing the Mayor and City Clerk to execute said Amendment to Agreement.
Member Tait declared a conflict and, therefore, abstained on this item.
Al0.
123: Approving a Second Amendment to Agreement with P & D Consultants, Inc., in an amount
not to exceed $450,000 annually for plan checking services in connection with the Disneyland
Resort Project.
Council Member Tait declared a conflict and, therefore, abstained on this item.
All.
A12.
A13.
A14.
A15.
A16.
A17.
A18.
123: Approving the Cooperative Agreement with the City of Placentia for construction of a street
improvement on Orangethorpe Avenue from Kraemer westerly to the City limits; and authorizing
the Mayor and City Clerk to execute said Agreement.
123: Approving and authorizing the Mayor and City Clerk to execute District Agreement No. 12-
320 with Caltrans for betterment improvements on the I-5 Freeway Widening Segment B1
Project.
160: Accepting the Iow bid of Polydyne, Inc., in an amount not to exceed $21,330 for coagulant
aid polymer, for a period of one year beginning July 1, 1997, and authorizing the Purchasing
Agent to exercise renewal options for an additional three years, in accordance with Bid #5668.
160: Accepting the Iow bid of National Airmotive Corporation, in the amount of $21,923.73 for
the overhaul and modification of a mini-turbine assembly for Police Helicopter N1726A, in
accordance with Bid #5677.
160: Accepting the Iow bid of Ro-Wing Aviation, Inc., in the amount of $45,800 for one set of
five main rotor blades for Police Helicopter N1607A, in accordance with Bid #5676.
160: Accepting the bid of and authorizing the Purchasing Agent to issue a Purchase Order to
Montgomery Watson Laboratories, in an amount not to exceed $50,000 for a period of eighteen
months beginning July 1, 1997, for laboratory testing for the Public Utilities Water System.
160: Accepting the Iow bid of Computer Bay, in an amount not to exceed $60,000 for wide area
network support for Metro Cities Fire Authority for a two year period commencing July 1, 1997, in
accordance with Bid #5671.
160: Accepting the bid of Computer Bay, in an amount not to exceed $60,000 for
microcomputer hardware maintenance for Metro Cities Fire Authority for a two year period
commencing July 1, 1997, in accordance with Bid #5670.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JUNE 3, 1997
A19.
A20.
A21.
A22.
A23.
A24.
A25.
A26.
A27.
160: Authorizing the Purchasing Agent to issue a Purchase Order to Fargo Manufacturing, in an
amount not to exceed $60,000 for aluminum and bronze connectors, as required, for a period of
two years beginning July 1, 1997, through June 30, 1999.
160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a Purchase
Order to Matthews Specialty Vehicles, in the amount of $98,729 for a library bookmobile to be
used initially as a traveling display bus in conjunction with the construction of the Anaheim
Resort.
160: Authorizing the Purchasing Agent to exercise the second renewal of the Purchase Order to
Roto Industries, in an amount not to exceed $130,000 for a period of one year, commencing July
1, 1997.
123: Authorizing the Finance Director to enter into a Purchase Agreement, and other related
documents, with EMC2 Corporation, in the amount of $297,500 for the purchase of 134
gigabytes of storage on a Symmentrix Disk Array Subsystem; and authorizing the Finance
Director to enter into on-going maintenance agreements with EMC2 Corporation for maintenance
of equipment, after the two year warranty has expired, and for maintenance of software, after the
one year warranty has expired; and amending the Finance Department's Fiscal Year 1996/97
Budget by increasing expenditure account 670-106-8725-9716 by $320,000.
123: Approving the federally funded FY 1996/97 Community Development Block Grant
Subrecipient Agreement with Episcopal Service Alliance in the amount of $20,000.
174: Authorizing the Mayor to execute letters of endorsement for an application for 100
certificates under the Section 8 Family Unification Program; and for an application for 50
certificates and 50 vouchers under the Section 8 Mainstream Housing Opportunities for Persons
with Disabilities Program.
123: Approving an Agreement with the Ozark Talent Company and the City of Anaheim for a
concert by the band "Brother" on July 12, 1997, at the Pearson Park Amphitheatre.
123: Approving an Agreement with Pacific Bell to permit patrons of the Pearson Park
Amphitheatre to use the enclosed parking lot located at Lincoln Avenue and Anaheim Boulevard
at no cost to the City.
114: Approving minutes of the Anaheim City Council meeting held May 13, 1997.
END OF CONSENT CALENDAR. MOTIONS CARRIED. Council Member Tait abstained on Items A9
and A10.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JUNE 3, 1997
A28.
105: PRIVATE INDUSTRY COUNCIL APPOINTMENT: Appointing one new member to the
Private Industry Council from the Private Sector Category for a four-year term to fill the
unexpected vacancy of Marie Moreno, Angels Community Relations Manager.
Submitted was report dated June 3, 1997 from Marge Pritchard, Job Training Program Manager (JTP)
Manager, recommending that the Council appoint to the Anaheim Private Industry Council (APIC) one
new member from the Private Sector Category from Chart A (which was attached) for a four-year term.
Council Member McCracken nominated Joseph Paquette.
On motion by Mayor Daly seconded by Council Member Lopez, nominations were closed.
MOTION: Mayor Daly moved to appoint Joseph P. Paquette to the Private Industry Council Private
Sector Category for a four-year term. Council Member Zemel seconded the motion. MOTION
CARRIED.
ITEMS B1 - B8 FROM THE PLANNING COMMISSION MEETING OFMAY 12, 1997:
INFORMATION ONLY- APPEAL PERIOD ENDS JUNE 3, 1997:
B1. 179: CONDITIONAL USE PERMIT NO. 3913 EIR NO. 313 (PREVIOUSLY CERTIFIED):
OWNER: AFTAB AHMAD, 2310 West Knox Avenue, Santa Ana, CA 92704
AGENT: SCOTT K. KIME, 92 Argonaut, Suite 225, Aliso Viejo, CA 92656
LOCATION: 1100 West Ball Road. Property is approximately 0.43 acre located at the
southwest corner of Ball Road and West Street.
To permit an automobile service station with a drive-through self-service car wash facility
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3913 GRANTED (PC97-55) (6 yes votes, 1 absent).
Approved previously certified EIR NO. 313.
Mayor Daly. He asked for confirmation that all the planning standards are being adhered to.
Joel Fick, Planning Director. This item meets all the Specific Plan requirements. There will be 22' of
new landscaping along Ball and 10' along the west and interior property lines. He reiterated, it meets all
Specific Plan standards and mitigation measures.
B2.
179: CONDITIONAL USE PERMIT NO. 3928 AND NEGATIVE DECLARATION:
OWNER: PRAHALAD P. BHAKTA AND DARSHNA P. BHAKTA, 420 South Beach Boulevard,
Anaheim, CA 92804
AGENT: HITENDRA BHAKTA, 500 South State College Boulevard, #430, Orange, CA 92868
LOCATION: 420 South Beach Boulevard - Best Budget Motel. Property is 0.76 acre located on
the east side of Beach Boulevard, 530 feet north of the centerline of Orange Avenue.
To retain an existing 45-unit motel.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3928 GRANTED for 30 months, to expire 11/12/99 (PC97-56)
(6 yes votes, 1 absent).
10
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JUNE 3, 1997
Approved Negative Declaration.
B3.
179: CONDITIONAL USE PERMIT NO. 3929 AND NEGATIVE DECLARATION
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 97-08:
OWNER: F.J. HANSHAW, ENTERPRISE, INC., 10921 Westminster Avenue, Garden Grove,
CA 92843
AGENT: DESAPRIVA JINADASA, 2930 West Lincoln Avenue, #1, Anaheim, CA 92803
LOCATION: 2930-1 West Lincoln Avenue - Cheers Market. Property is 0.89 acre located on
the south side of Lincoln Avenue, located 200 feet east of the centerline of Laxore Street.
To permit a 2,400 square foot convenience market within an existing commercial retail center
with sales of alcoholic beverages for off-premises consumption and to determine public
convenience or necessity for retail sales of alcoholic beverages for off-premises consumption.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3929 GRANTED, in part, without alcohol (PC97-57)
(6 yes votes 1 absent).
Denied Determination of Public Convenience or Necessity No. 97-08 on the basis that there are
a sufficient number of businesses in the area that sell alcohol to meet the needs and
convenience of the public (PC97-58).
Approved Negative Declaration.
An appeal of the Planning Commission's decision was submitted by Owner, Desapriva Jinadas, 1343 N.
Minot Street, Anaheim, California 92801, in letter dated June 3, 1997 and, therefore, a Public Hearing
will be scheduled at a later date.
B4.
179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3930 AND
MITIGATED NEGATIVE DECLARATION:
OWNER: CALIFORNIA STATE TEACHERS RETIREMENT SYSTEM, A PUBLIC ENTITY, Attn:
James D. Mosman, Chief Executive Officer, 7667 Folsom Boulevard, Sacramento, CA 95826
AGENT: DONAHUE SCHRIBER, Attn: Mark L. Whitfield, 3501 Jamboree Road, Suite 300,
Newport Beach, CA 92660
LOCATION: 680 North Euclid Street. Property is 8.82 acres located at the northeast corner of
Crescent Avenue and Euclid Street.
To permit a 3,000 square foot drive-through restaurant with an outdoor dining area with waiver of
minimum drive-through lane requirements.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3930 GRANTED (PC97-59) (6 yes votes, 1 absent).
Approved waiver of code requirement.
Approved Mitigated Negative Declaration.
B5. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3931 AND
NEGATIVE DECLARATION:
OWNER: WINSTON ASSOCIATES, 735 Town and Country Road, Suite 140, Orange, CA
92668
AGENT: ELLWIN E. ASHWILL, 735 Town and Country Road, Suite 140, Orange, CA 92668
JOHN VUCICH, 1091 Gene Autry Way, Anaheim, CA 92805
LOCATION: 2411 East Winston Road. Property is 0.57 acre located at the northeast corner of
Simpson Circle and Winston Road.
To permit an automobile and marine repair facility within an existing 9,908 square-foot industrial
building with waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3931 GRANTED (PC97-60) (6 yes votes, 1 absent).
APPROVED waiver of code requirement.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JUNE 3, 1997
Approved Negative Declaration.
B6.
155: EIR NO. 319 (PREVIOUSLY-CERTIFIED)
GENERAL PLAN AMENDMENT NO. 345 RECLASSIFICATION NO. 96-97-06 AND VARIANCE
NO. 4303:
OWNER: IDM APARTMENTS CORPORATION, 2424 Southeast Bristol Street, #200, Newport
Beach, CA 92660
MR. & MRS. ROBERT WHITE, 1275 Railroad Street, Corona, CA 91720
LOCATION: 714 North Brookhurst Street. Property is 9.45 acres located at the northeast
corner of Gramercy Avenue and Brookhurst Street.
To amend the Land Use Element of the General Plan to redesignate the subject property from
the General Industrial land use designation to the General Commercial land use designation. To
reclassify subject property from the ML (Limited Industrial) Zone to the CL (Commercial, Limited)
Zone. To approve waivers of minimum parking lot landscaping and minimum number of parking
spaces to construct a 105,984 square-foot home improvement sales building with a 24,723
square-foot garden center (Home Depot).
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended adoption of GPA NO. 345 Exhibit A to City Council (PC97-61)
(6 yes votes, 1 absent).
R96-97-06 GRANTED (PC97-62).
Variance No. 4303 GRANTED (PC97-63).
EIR NO. 319 previously certified.
See Item D1 on tonight's agenda which is a Public Hearing regarding this item.
REPORT AND RECOMMENDATION ITEMS:
B7. 179: CONDITIONAL USE PERMIT NO. 3841 - REQUEST FOR DETERMINATION OF
SUBSTANTIAL CONFORMANCE FOR A PREVIOUSLY APPROVED SERVICE STATION:
LOCATION: Property is located at 2180 West Ball Road.
Tarek Berri, 16102 Jenner Street, Westminster, CA 92683, requests review of revised plans for
determination of substantial conformance for a previously approved service station and
convenience market.
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined to be in substantial conformance for previously approved service station with the
incorporation of the following changes:
(1) That a second bathroom shall be provided with the removal of one parking space;
(2) That vines shall be planted and properly irrigated along the brick wall buildings that face the
shopping center to the southeast; and
(3) That the proposed monument sign shall not exceed 8-feet in height.
B8.
179: CONDITIONAL USE PERMIT NO. 1424 (READVERTISED) - REVIEW OF LANDSCAPE
PLANS:
LOCATION: Property is located at 2221-2227 East Katella Avenue.
Peter I. Cavallard, 270 South Service Road, Melville, New York 11747, requests review and
approval of landscape plans for a previously approved second automotive sales dealer with
accessory automotive repair.
ACTION TAKEN BY THE PLANNING COMMISSION:
APPROVED review of landscape plans for CUP NO. 1424.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JUNE 3, 1997
ITEM B9 FROM THE PLANNING COMMISSION MEETING OF MAY 28, 1997:
B9.
179: CEQA EXEMPTION SECTION 15061(b)(3)
CODE AMENDMENT NO. 97-05 - PROPOSAL TO AMEND TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO "PLANNED COMMERCIAL MIXED USE CENTERS":
Staff-initiated proposal to amend Section 18.41.050 of the Anaheim Municipal Code to
conditionally permit "Planned Commercial Mixed Use Centers" on minimum 10-acre sites in the
"CO" Commercial, Office and Professional Zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended adoption of Code Amendment No. 97-05
(6 yes votes, 1 absent).
ORDINANCE NO. 5600 (INTRODUCTION) Adding new Subsection .220 to Section 18.41.050
of Chapter 18.41 of Title 18 of the Anaheim Municipal Code (Planned Commercial Mixed Use
Centers in "CO" Commercial Mixed Use Professional Zone).
Mayor Daly offered Ordinance No. 5600 for first reading
ORDINANCE NO. 5600: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW
SUBSECTION .220 TO SECTION 18.41.050 OF CHAPTER 18.41 OF TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE (PLANNED COMMERCIAL MIXED USE CENTERS IN "CO"
COMMERCIAL MIXED USE PROFESSIONAL ZONE).
END OF THE PLANNING COMMISSION ITEMS.
BIO.
179: ORDINANCE NO. 5598: (ADOPTION) Adding Subsections 18.61.020.255 and
18.61.030.015 to Sections 18.61.020 and 18.61.030, respectively, of Chapter 18.61 of Title 18 of
the Anaheim Municipal Code relating to zoning. (Introduced at the meeting of May 20, 1997,
Item B11 .)
Bll.
179: ORDINANCE NO. 5599: (ADOPTION) Amending Ordinance No. 5454 relating to the
Anaheim Resort Specific Plan No. 92-2 - Chapter 18.48 of the Anaheim Municipal Code.
(Introduced at the meeting of May 20, 1997, Item D8.)
Mayor Daly offered Ordinance Nos. 5598 and 5599 for adoption. Refer to Ordinance Book.
ORDINANCE NO. 5598: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
SUBSECTIONS 18.61.020.255 AND 18.61.030.015 TO SECTIONS 18.61.020 AND 18.61.030,
RESPECTIVELY, OF CHAPTER 18.61 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO ZONING.
ORDINANCE NO. 5599: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
ORDINANCE NO. 5454 RELATING TO THE ANAHEIM RESORT SPECIFIC PLAN NO. 92-2
(CHAPTER 18.48 OF THE ANAHEIM MUNICIPAL CODE).
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JUNE 3, 1997
Roll Call Vote on Ordinance Nos. 5598 and 5599 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Ordinance Nos. 5598 and 5599 duly passed and adopted.
B12.
179: ORDINANCE NO. 5601: (INTRODUCTION) Amending Section 18.01.090 of Chapter
18.01 and deleting Chapter 18.96 and various Subsections of Title 18 of the Anaheim Municipal
Code relating to zoning (deck-type housing).
Joel Fick, answering the Mayor, stated that the Council may recall this was approved quite a few years
ago (deck housing) and did allow some construction that has not been of the quality Anaheim has
insisted upon. This would now eliminate such housing.
Mayor Daly offered Ordinance No. 5601 for first reading.
ORDINANCE NO. 5601: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION
18.01.090 OF CHAPTER 18.01 AND DELETING CHAPTER 18.96 AND VARIOUS
SUBSECTIONS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING
(DECK-TYPE HOUSING).
ITEM B13 FROM THE ZONING ADMINISTRATOR MEETING OF MAY 22, 1997
DECISION DATE: MAY 29, 1997
INFORMATION ONLY- APPEAL PERIOD ENDS JUNE 9, 1997:
B13. 155: TENTATIVE PARCEL MAP NO. 95-189 CATEGORICALLY EXEMPT, CLASS 15:
OWNER: GENERAL FOODS CORPORATION, Three Lakes Drive, Northfield, IL 60093
AGENT: O.K.O. ENGINEERING, INC., 23671 Birtchet Drive, Lake Forest, CA 92630
LOCATION: 1515 E. Katella Avenue. Property is an irregularly-shaped parcel of land consisting
of approximately 17.33 acres located on the north side of Katella Avenue, 740 feet west of the
centerline of State College Boulevard, and further described as 1515 East Katella Avenue.
To permit a 2-lot industrial subdivision.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Tentative Parcel Map No. 95-189 APPROVED (ZA Decision No. 97-07).
C1. REPORT ON CLOSED SESSION ACTIONS:
City Attorney Jack White Stated that there are no actions to report.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JUNE 3, 1997
RECESS:
The City Council meeting was recessed for 10 minutes. (5:50p.m.)
AFTER RECESS:
Mayor Daly called the meeting to order (6:10 p.m.)
D1.
155: PUBLIC HEARING - EIR NO. 319 {PREVIOUSLY-CERTIFIED)
GENERAL PLAN AMENDMENT NO. 345 - RECLASSIFICATION NO. 96-97-06 - VARIANCE
NO. 4303:
OWNER: IDM APARTMENTS CORPORATION, 2424 Southeast Bristol Street, #200, Newport
Beach, CA 92660
MR. & MRS. ROBERT WHITE, 1275 Railroad Street, Corona, CA 91720
LOCATION: 714 North Brookhurst Street. Property is 9.45 acres located at the northeast
corner of Gramercy Avenue and Brookhurst Street.
To amend the Land Use Element of the General Plan to redesignate the subject property from
the General Industrial land use designation to the General Commercial land use designation. To
reclassify subject property from the ML (Limited Industrial) Zone to the CL (Commercial, Limited)
Zone. To approve waivers of minimum parking lot landscaping and minimum number of parking
spaces to construct a 105,954 square-foot home improvement sales building with a 24,723
square-foot garden center (Home Depot).
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended adoption of GPA NO. 345 to City Council (PC97-61)
6 yes votes, 1 absent).
R96-97-06 GRANTED (PC97-62).
Variance No. 4303 GRANTED (PC97-63).
EIR NO. 319 previously certified.
HEARING SET ON: Set for Public Hearing due to the General Plan Amendment.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News - May 22, 1997.
Mailing to property owners within 300 feet - May 22, 1997.
Posting of property - May 23, 1997.
STAFF INPUT:
Submitted was Staff Report to the Planning Commission dated May 12, 1997.
Council Member Tait declared a conflict of interest on this item and temporarily left the Council Chamber
(6:11 P.M.).
Greg Hastings, Zoning Division Manager. He briefed the staff report to the Planning Commission which
summarized the proposal including the waivers requested.
Mayor Daly asked staff to explain the recommended waiver relative to landscaping.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JUNE 3, 1997
Greg Hastings. A landscape planter is required to separate every 10 parking spaces. There are areas in
the center which have more than 10 parking spaces in a row without the required landscape breaks.
However, it is being made up elsewhere specifically on the exterior.
Mayor Daly. He asked if this is consistent with the Redevelopment Plan for Brookhurst and if there are
adopted guidelines for the Brookhurst Corridor for landscaping and other design features.
Rob Zur Schmiede, Redevelopment and Property Services Manager. The planter landscaping conforms
with the plan the Agency saw in January. It does conform with the landscaping plan as well as the
median island in Brookhurst. It is still in final stages of design but all the landscape plans conform and
have been reviewed by the Agency previously.
Council Member Zemel. He referred to condition No. 2 in Planning Commission Resolution PC97-63
stating that a full-time security officer will patrol the parking lot beginning two hours prior to the opening
of business and until the close of business. That is better than at the existing location where the officer
was leaving before the store closed. He receives a lot of complaints from the neighbors around the
present Lincoln site with regard to day laborers. The security guard at that location was not very
effective. He would like to know what Home Depot is going to do if the problem exists at this location
and would also like to see stronger language in the conditions than, "prohibiting loitering on the
premises."
Joel Fick, Planning Director. He will discuss the issue with the City Attorney while the applicant is giving
his presentation to determine if stronger language can be included.
Mayor Daly. Relative to the proposed signage, staff recommended a monument sign along Brookhurst
rather than the 50' high pole sign. He asked the Planning Commission's decision.
Joel Fick. Condition 7 in the Planning Commission resolution does require a monument sign rather than
the 50' high free-standing pole sign. He also confirmed for the Mayor that the Planning Commission did
not take any action that was not consistent with Planning staff recommendations. They are in accord
totally on this item. Relative to the landscaping in the parking lot, Planning and Redevelopment staff felt
the request was reasonable and appropriate. The landscaping was made up along the street frontage
and was an equal or better tradeoff.
Council Member Lopez. He also has a concern about the day laborer situation especially since
Brookhurst Junior High School is right across the street where 12- and 13-year old children will be going
back and forth to the school. He does not want to see day laborers hanging out at the school site and
possibly harassing the students, especially the girls. There needs to be a game plan because it is
obvious if the day laborers are prohibited from the Home Depot property they will be across the street
where people could be picking them up. He is not ready to support the proposal until that issue is
resolved.
Mayor Daly opened the Public Hearing.
Francis Chu, Greenberg Fair Architects. They are the Architects on the project. The representative of
Home Depot will not be able to attend the meeting tonight. Relative to the signage issue, they are
requesting the Council to consider a pylon (pole) sign rather than a monument sign. The current code
allows a pylon sign up to 75'. They are not requesting any specific requirements relative to the height but
consideration for a pylon sign. He explained why. Relative to the day laborer issue, it is one they face
quite often. In the past, Home Depot has participated in whatever mitigation the City has requested.
That option was to provide some sort of barrier between private property and the public property thereby
allowing security personnel to clearly identify when a person is trespassing vs. when they are in the
public right of way. It is an issue that Home Depot can work on with the City.
Mayor Daly. As he understands, there will be some final details that will have to come back to the
Planning Commission.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JUNE 3, 1997
Greg Hastings. He answered yes -- the building, the monument sign, roof-mounted equipment,
screening behind the building from Valley Street, and landscaping.
Mayor Daly. Since there will have to be additional approvals at the Planning Commission level that may
be a way of addressing the language regarding the day laborer situation.
Mr. Chu. They do concur with all the other conditions but those two items.
Mayor Daly asked to hear from anyone else who wished to speak either in favor or in opposition.
Jeff Kirsch, 2661 W. Palais, Anaheim. He is not actually in opposition but has questions about two
aspects -- traffic and parking. He previously addressed the impact of increased traffic on the intersection
that would allow major access to the property whether at Crescent or a new turn lane at Gramercy.
Perhaps staff could address the issue. Relative to parking, it seems ironic that a waiver is being
requested to reduce the required number of spaces when the reason for moving is that the tenant is
outgrowing the present property. He asked if an analysis had been done in this regard.
Summation by Applicant: Francis Chu. A traffic study has been done as far as parking at the existing
store as well as two other stores in Southern California. The Traffic Engineer can confirm that they
comply with the current code. A typcial Home Depot is about 105,000 sq.ft, with a 24,000 sq. ft. garden
center. The maximum parking requirements are 450. They currently design for worst case and require
about 500 parking spaces in the front, worst case being the peak hours during summer time on a holiday
weekend. He believes the study indicated parking demand is lower than what the City parking code
requires at the moment. The total is 551. On the existing (Lincoln) site, there are several existing
tenants. The parking is divided into front and back with the majority of the parking in the front being
shared with other tenants.
Alfred Yalda, Principal Transportation Planner. There are 445 spaces at the existing site shared with
other tenants and on the proposed Brookhurst site, 551. He confirmed for the Mayor that Planning and
Traffic believe 551 spaces are adequate further borne out by a Parking Study Home Depot was
requested to perform on the existing site. Even if their demand exceeds what they expect, they still will
have adequate parking.
Council Member McCracken. In other parts of the country, the new Home Depots have provided for
some method to keep shopping carts on the property, something that is not addressed in California. One
of the conditions imposed indicates that the business owner/operator shall designate an employee to
monitor the parking lot for shopping cart retrieval every 30 minutes. There does not seem to be an
assurance that shopping carts will be kept on the property or how they will be taken care of after hours.
Mr. Chu. All shopping carts will be placed inside the store after hours. As far as carts being taken off the
property, it has not happened as far as he knows. It might have occurred in Anaheim on Lincoln but he
is not aware of that issue.
Mayor Daly. Perhaps in follow-up discussions with Home Depot on the final design, the shopping cart
issue could be addressed as well.
Mr. Yalda then answered additional questions relative to parking and subsequently traffic improvement
items as requested by the Mayor. He (Yalda) explained that a traffic study was conducted to look at all
intersections going to be impacted by the project. Specifically, the concern was at the intersection of
Sequoia at Brookhurst. With this project, it will be completey signalized and create a gap between
LaPalma and Crescent which will improve the traffic flow on Brookhurst. Most of the traffic coming to
the site will be Brookhurst traffic. There will be mimimal impact at Crescent and Brookhurst.
17
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JUNE 3, 1997
Mayor Daly again asked staff to carefully explain what will be going back to the Planning Commission.
Greg Hastings. What will be going back to the Planning Commission as a Report and Recommendation
item will be the final plans showing the precise details of the elevations of the building and the garden
center, the screening for Valley Street which will include some landscaping, the roof-mounted equipment,
the monument sign and the overall precise landscaping for the site.
Mayor Daly asked if the City Attorney had developed language relative to the day laborer issue, currently
condition No. 5.
City Attorney White. He first indicated he has not had the opportunity to do any legal research on the
language which he put together in the last 15 minutes. Generally, the private property owner has the
right to control activities on his property even where those activities involve otherwise constitutionally
protected forms of expression. The primary exception to that is shopping centers where there is not an
alternative means of communication. The California Supreme Court has held that First Amendment
activities are permissible on shopping centers as opposed to where it constitutes an individual business.
He is assuming this would be regarded as an individual business. The language he has developed would
add an additional condition to the variance and possibly even require the recordation of a covenant in
connection with the reclassification. "That the business owner shall take all actions necessary to prohibit
and prevent any persons from soliciting employment from patrons of the business." That is probably the
most stringent condition he can develop.
There are other alternatives the Council might want to consider. Some businesses have established
specific locations for certain types of activities and restricted them to those areas. This would prohibit it
outright. When the activity occurs off the premises on a sidewalk that is a public sidewalk, this would not
affect that nor could the City require the property owner to monitor activities on a public sidewalk. One
of the things to think about, this does not involve a CUP. It is a rezoning and a variance. Normally if it is
a discretionary permit, the permit could be revoked (for cause). Once it is rezoned, the law does not
allow the City to automatically unzone something if they do not comply. Once they build the building, the
court is not going to say if they do not meet the condition they are going to be ousted from their business.
After additional discussion on the issue between the Mayor and the City Attorney, the City Attorney
stated he believes the language proposed goes as far as they can go. He reiterated, he has not had a
chance to do a lot of research on how they would go about enforcing that language.
Council Member Zemel. The language is good enough for him. He wished that Home Depot was
present representing themselves so they could agree on that language.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: On motion by Mayor Daly, seconded by
Council Member Lopez the City Council finds that the Negative Delcaration previously approved in
connection with EIR No. 319 is adequate to serve as the required environmental documentation, that it
has considered the previously approved Negative Declaration together with any comments and evidence
received during the public review process and that there are no additional impacts in connection with the
subject action. MOTION CARRIED.
Mayor Daly offered Resolution Nos. 97R-76 through 97R-78, both inclusive for adoption. Refer to
Resolution Book.
RESOLUTION NO. 97R-76: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM
GENERAL PLAN DESIGNATED AS AMENDMENT NO. 345, EXHIBIT "A".
18
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JUNE 3, 1997
RESOLUTION NO. 97R-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THEAT THE ZONING MAP REFERRED TO IN
TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE
BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGE. (RECLASSIFICATION NO. 96-
97-06.)
RESOLUTION NO. 97R-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 4303.
Roll Call Vote on Resolution Nos. 97R-76 throuqh 97R-78, both inclusive, for adoption:
AYES: MAYOR/COUNCIL MEMBERS: McCracken, Zemel, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
TEMP. ABSENT: MAYOR/COUNCIL MEMBERS: Tait (declared conflict)
The Mayor declared Resolution Nos. 97R-76 through 96R-78, both inclusive, duly passed and adopted.
Mayor Daly. The items indicated by staff will go back to the Planning Commission as a Report and
Recommendation. He believes those will be then subject to review and final approval by the City
Council.
Joel Fick, Planning Director. He confirmed that was correct. The Planning Commission's decision will
appear on a Council agenda for Council's review as well.
Rob Zur Schmiede. As the Agency, Council Members will also review the items as a matter of the
contract with Home Depot.
Mayor Daly. When it comes back as a Redevelopment Agency item, he would like to see the
landscaping plan in the context of the draft streetscape plan for Brookhurst to see how it all fits with the
vision for Brookhurst Street.
Council Member Tait entered the Council Chamber (6:47 P.M.).
C2. COUNCIL COMMENTS:
Council Member Zemel. He referred to the recent newspaper article relative to the sewer fee increases
throughout Orange County. As the appointee to the Orange County Sanitation District, he worked on this
issue with Doris Roush, the City's Streets and Sanitation Manager. Because of the high amount of
reserves and the District's Iow interest in cutting costs over the last four year, he did not support the
increase. About five out of 28 did not support the rate increase. For all the districts in Anaheim, there
was a no vote cast but he was outvoted.
Council Member Tait. For the public's information, the Budget Workshop on the City's 1997/98 Budget
will continue next Tuesday, June 10, 1997. It is one of the most important workshops of the year. The
public is invited to attend and the budget document is available for review at the City's libraries.
19
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JUNE 3, 1997
Council Member Lopez. He reported on his attendance and participation in the City's 5K Walk and Run
event that took place in downtown Anaheim on Saturday, May 31, 1997. It was well attended, and there
were about 400-500 walkers and runners. It was a great event filled with fun, fellowship and music. He
encouraged more such events.
Council Member McCracken. She announced the 30th Annual Ali-Star Baseball Game to be held June
9, 1997 at 7:00 P.M. at GIover Stadium (LaPalma Park) recognizing 44 outstanding high-school baseball
players sponsored by the Kiwanis Club of greater Anaheim.
ADJOURNMENT: By general Council consent, the June 3, 1997 Council meeting was adjourned to
Tuesday, June 10, 1997 for a continuation of the Public Hearing on the proposed 1997/98 City Budget
and Budget Workshop/Departmental presentations. (7:00 P.M.)
ANN M. SAUVAGEAU
ASSISTANT CITY CLERJK
2O