1997/06/17ANAHEIM, CALIFORNIA CITY COUNCIL MINUTES
JUNE 17, 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
CITY CLERK: Leonora N. Sohl
ASSISTANT CITY CLERK: Ann M. Sauvageau
STADIUM/CONVENTION CENTER GENERAL MANAGER: Greg Smith
PUBLIC WORKS DIRECTOR/CITY ENGINEER: Gary Johnson
CIVIL ENGINEER - DEVELOPMENT SERVICES: Natalie Meeks
DEPUTY CITY ENGINEER: Russell Maguire
COMMUNITY SERVICES DIRECTOR: Chris Jarvi
ZONING DIVISION MANAGER: Greg Hastings
PUBLIC UTILITIES GENERAL MANAGER: Ed Aghjayan
CODE ENFORCEMENT MANAGER: John Poole
LIBRARY ADMINISTRATIVE SERVICES MANAGER: Audrey A. Lujan
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 11:15 a.m. on
June 13, 1997 at the City Hall Kiosk, containing all items as shown herein.
Mayor Pro Tem Lopez called the Workshop of June 17, 1997 to order at 3:15 p.m.
City Manager, James Ruth. Greg Smith, General Manager, Stadium/Convention Center will introduce
the architect for the Convention Center expansion, the subject of today's Workshop.
124: CONVENTION CENTER EXPANSION: Greg Smith, General Manager, Stadium/Convention
Center. This is the fourth Workshop on the Anaheim Convention Center expansion (see minutes of
previous workshops - February 6, April 23, July 16, 1996 and April 1, 1997) and it will be the last such
presentation. The next presentation will be when the expanded Convention Center is opened in the year
2000. Present today are John Conley, Project Manager, HOK (Helmuth, Obata and Kassabaum, Inc.)
and the Principal Design Architect, Steve Brubaker, who will make the presentation as he has done in the
past.
Mr. Steve Brubaker, Principal Design Architect, HOK. (He gave an updated, multi-media presentation
using information boards, renderings, graphics, etc., showing plans, elevations, colors, etc., many of
which were simultaneously shown on slides. A single model of the expanded Convention Center was
displayed in front of the dais along with samples of glass to be used and a model of the illuminated
lighting tube, one of five which will be used in what was previously referred to as the "icon" piece). Mr.
Brubaker showed the expanded Convention Center along with scenes of California imagery illustrating
how that imagery tied into the design and decor to be used in the expansion. With the assistance of a
new model, he showed a new mezzanine level that has been added between the first and second levels
allowing an expansion of the administration and offices for the current tenants and for show managers.
ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 17, 1997
There is also an option in the package they will be bidding to put a large stand of three rows of giant
palms around the arena giving it a grand palm appearance supplemented by planting along the edge that
will be colorful and will form a garden within a garden in certain areas.
Mayor Daly entered the Council Chamber (3:21 p.m.).
The whole idea of the building being a garden has led them to a starting point for a color palette (he
showed a color palette drawing). The basic color palette is blue-green and gray-green, fundamental
colors that go through the whole project. After further explaining the colors that will be used for the
different components, he also referred to the basket of fruit and flowers which was set up before the dais
which he called the cornucopia of Anaheim -- a color pattern that will be applied to the carpeting to be
installed in the facility. (The slides showed the carpeting proposed for the three floors of the facility, the
first floor being the most colorful). The different meeting room sections will be themed to the various
color ideas. Although there will be variety of color, it will still be very practical and very elegant.
Mr. Brubaker then described the rotunda space (about 110' tall) at the top of which will be the tower top
(formerly "icon") with the blade made up of mesh material. Through the center are five tubes descending
through the middle equally spaced from outside to inside in 40' increments about 100' long. (A sample of
the light tube was displayed and the light subsequently activated.) He explained that the color of the
light can also be changed from time to time. With this, it will be possible to get a sense of the whole
assembly at night. It will be tuned in terms of illumination and color. He clarified for the Mayor that the
lights/color can be adjusted as often as they would like but can also be adjusted permanently.
Mr. Brubaker's extensive presentation also covered drawings of the ceiling plans, meeting rooms, the
prefunction areas, the restrooms, the tiles, colors, multi-purpose room on the top floor, wall treatments,
etc. (Samples of the various materials to be used were also presented ).
In closing his presentation, he noted that the Seattle Convention Center has a garden, the Los Angeles
Convention Center has an atrium, and many convention centers have a rotunda and tower top. In the
expansion of the Anaheim Convention Center, they wanted to do something dramatic, a one-of-a-kind
unique element. The one thing about this facility that is unique is the wall that runs along the length of
the facility separating the meeting rooms from the prefunction area which has always been referred to as
the "canyon wall" because it is between the Hilton and the facility (Convention Center). They are
proposing to paint that wall as one giant mural in much the same color schemes as shown and try to
evoke the overall idea of Southern California in the sense of going from the lower levels with the sand
and earth tones, to the mid levels -- the sides of mountains, to the greens, up to the lilac lavender colors
of the mountains and then the blue sky above. It would primarily be done in paint with some raised
surfaces and also different textures of paint.
Mayor Daly asked if the walls will be visible only from within the building.
Steve Brubaker. The walls will be clearly visible from the interior. During the day, the light will be
stronger outside than in and there will be more of a reflection in the glass than seeing through the glass.
At night, the wall will be lit so it will become the most glowing and visible element. Walking down the
garden in the evening particularly it will be very apparent. There will be a sense of it even in the day
time. That is a general overview of what the facility will look like.
Questions were then posed by Council Members relative to specifics of the expansion which were
answered both by Mr. Brubaker and Mr. Smith. During the discussion, Council Member Tait asked if it
was anticipated that the current arena of the Convention Center was going to be painted; Mr. Smith
answered that until the proposed project is fully design complete, nothing will be done to the arena. The
plan, however, is ultimately to modify the look of the arena.
ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 17, 1997
Mayor Daly. He thought the garden which replaces the road on one of the original renderings, was closer
to Katella and a separate or public gathering place.
Steve Brubaker. There is now a single public area which he pointed to from one of the renderings. At
one point, there were several of those gathering areas but it was decided one made more sense located
right in the heart of the garden. They also made another minor modification where there can be stairs
instead of a ramp with a tie-in into the arena.
After further discussion, Mayor Daly stated he assumes this is the last time they will have a "crack" at the
design; Greg Smith. He confirmed that after all the models that have been presented, the next "model"
they see will be life size.
Council Member Tait. He stated that the proposal looks great and it is beautiful; Council Member
McCracken commented that it is a work of art. She has been promoting art in public places for some
time and HOK has created an artistic piece.
Mr. Brubaker. He stated they are proud of it and want to see it built they way they expect.
Greg Smith. They are looking forward to receiving bids on the first phase, Hall "D" prime expansion, on
June 26, 1997 and in hopes of bringing the successful bid back to the Council for award on July $, 1997.
It will be the first portion of the Phase I expansion phasing it through to the year 2000. Completion is still
scheduled for October of the year 2000.
Mayor Daly. He would like to take this opportunity to introduce three (of the 5) members of the
Community Center Authority ("Council appointed" governing body and advisory board for the Convention
Center), who serve as volunteer citizens to oversee what occurs at the Convention Center, Pat
Patterson, JoAnne Barnett, and Bob Hostetter. Their attendance is appreciated as well as their volunteer
involvement in overseeing this huge project. They will look forward to Greg Smith and City Manager
Ruth bringing the bid numbers in to the Council in early July. Today happens to be the fourth
anniversary of the opening of the Arena (Arrowhead Pond) which they were commemorating earlier
today. Everyone is looking forward to the dedication of the Convention Center. They also appreciate the
Visitor and Convention Bureau leadership in attendance today and who are supporting getting started --
tomorrow.
City Manager Ruth. To reiterate the Mayor's comments, he thanked all members of staff who
participated in the process, the community, Visitor and Convention Bureau and the Architect. They have
done a spectacular job. He will look forward to seeing this project come to fruition. It will have a
tremendous impact on the City.
Mr. Smith. He invited anyone in the audience and/or Council Members to view the models, renderings,
etc., up close. They will be left in place for a short time for review.
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.
ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 17, 1997
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, and non-
represented employees.
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.
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 PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - Existing Litigation:
Name of case: California Credit Union League v. City of Anaheim, et al., United States Supreme
Court Case No. 96-936.
RECESS:
Mayor Daly moved in to Closed Session Council Member McCracken seconded the motion.
Council Member Zemel was absent. MOTION CARRIED. (3:59 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. (5:25 p.m.)
INVOCATION:
Pastor Jimmy Gaston, State College Church of Christ, gave the invocation.
FLAG SALUTE:
Council Member Shirley McCracken led the assembly in the Pledge of Allegiance to the Flag.
ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 17, 1997
1. 119: PRESENTATION - TREE CITY USA AND GROWTH AWARD:
Chris Jarvi, Community Services Department Manager. Since 1985, Anaheim has been the proud
recipient of the Tree City USA award. Present today is Linda Romero of the California Department of
Forestry.
Linda Romero. She is pleased to be present today on behalf of the Arbor Day Foundation and California
Department of Forestry to present the City with the 1996 Tree City USA Award and the Growth Award. It
is an award that is recognized on a national level and Anaheim is receiving it for the 13th consecutive
year. In addition, the City has qualified for the Tree City USA Growth Award for the fifth consecutive
year. (The plaque was presented to Mayor Daly).
Mayor Daly. On behalf of the Council and the City, he accepted the award. They appreciate Chris Jarvi
and the Community Services Department and all the staff and volunteers involved with the City Tree
Program, especially Sally White; Council Member Lopez agreed that Mrs. White has been a driving force
in the process.
Chris Jarvi. He introduced Sally White who he feels is probably the No. 1 champion of trees and is also
President of the Releaf Anaheim Program.
Sally White. Releaf Anaheim was recently selected to pilot a national environmental educational tree
awareness program in California, the "Treature" Program. In honor of the 13th Tree City USA award and
the 5th Growth Award, it is with great pleasure on behalf of Releaf Anaheim to introduce the newest
member of the tree planting family SPRIG who will be used to help spread the message. (SPRIG, a
playfull bear-type "mascot" was present - one of 18 in the U.S.). Mrs. White then invited everyone to
their next community tree planting and announced the details.
119: PROCLAMATION: The following proclamation was issued by Mayor Daly and authorized
by the City Council:
recognizing June 21 - 27, 1997, as American Association of University Women Week in
Anaheim.
Sandy DiSorio accepted the Proclamation on behalf of the Association
RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT
ANOTHER TIME:
1. DECLARATION recognizing Chris Van Gorder for his contribution to the Community.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,803,168.30 for the period ending June
13, 1997, in accordance with the 1996-97 Budget, were approved.
ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 17, 1997
Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing
Authority meetings. (5:40 p.m.)
Mayor Daly reconvened the City Council Meeting ( 5:42 p.m.)
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
Susan Corales Diaz, Systems Integrated, 2200 N. Glassell, Orange 92665. She is President and CEO of
Systems Integrated an automation company in Orange County. She did not want to bring this matter to
the Council's attention but unfortunately there was no other formal process to do so.
Mayor Daly asked if this had to do with the award of contract at the last meeting. (See minutes of June
10, 1997, Item A5); Ms. Diaz answered yes.
Mayor Daly. They have had some information passed to them by City staff but he needs to hear from
the City Attorney since a law suit has been filed on the subject.
City Attorney White. He was advised around noon today that the attorneys for Systems Integrated would
be in court tomorrow seeking to file a law suit for relief. On that basis, he advised City staff and informed
the City Council since the matter is now regarded as pending litigation, they would no longer be in a
position to discuss it. However, under the Brown Act, representatives of Systems Integrated or anyone
has the right to address the Council under public comments. The contract was awarded last Tuesday
and has been executed. No one spoke from Systems Integrated. His understanding is the contractor
has partially performed under the terms of the contract and has incurred certain obligations. Ms. Diaz
has the right to address the Council but because of pending litigation, he would recommend this matter
not be litigated in the Council Chamber but handled in the normal judicial process.
Susan Corales Diaz. They are scheduled to go to court tomorrow although this is not the way she likes to
do business but there is no other formal procedure they could find to work this matter out. The contract
is one that is being awarded not to the lowest bidder. (She referred to a letter that had been submitted to
the Council giving the details of their concern.) The City has certain rules in place that they have to
follow and by not going to the lowest bidder, by the amount of $600,000, they basically are in violation of
the City's own Charter, Council Policy, as well as the California Public Contract Code. There was some
very subjective selective criteria used to make the determination on the award. She does not know if
Council has had the opportunity to look at the case in any great detail. Her reason for coming before the
Council is to implore the Council to look at the matter. She would be willing to withdraw the process of
going forward with the legal matter if the Council Members could give her assurance they will not
proceed and will address her issues of protest in her letter. Hopefully, Mayor Daly will be able to discuss
this matter with the Council today to avoid seeing each other in court tomorrow.
ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 17, 1997
Jack Fleming, Counsel, Systems Integrated. He would like to take a couple of minutes to provide some
background concerning the decision of Systems Integrated to file the protest. The decision was not
made before a considerable deliberation and investigation was made into the City's procurement
practices. What they were advised by the City's officials is that there is a Council Policy 306 adopted in
1978, which provides that advertised bidding as described in City Charter Section 1211 shall be used in
all procurements expected to exceed $50,000 unless there has been a waiver acted upon by the City
Council. In this procurement, there was no waiver of the advertised bidding process. Under that
process, the City is required to award to the lowest responsible bidder. That term is defined by a number
of cases and the City Charter refers specifically to the California Public Contract Code provisions dealing
with cities. The case cited in their documents indicates it is unlawful for a public agency to award a
contract based upon a relative superiority standard. Once it is determined bidders are qualified, the
award goes to the bidder with the lowest price. The rule is to protect the fundamental purpose of the
competitive bidding process. The City elected to award to the higher bidder.
Mr. Fleming continued his presentation giving his additional reasons why the contract should be awarded
to Systems Integrated. In closing, he stated they would like to give the City the opportunity to notify
them prior to the hearing (in court) tomorrow whether or not the City is willing to place the contract in
abeyance until they can address it in a more proper fashion. Otherwise, they have no recourse but to
seek a temporary restraining order tomorrow. He was informed by City representatives that they were
not aware of any progress that had been made relative to the contract or that the Mayor had even signed
it. Since there has been no progress, he feels there is no harm placing the matter in abeyance today
until this important issue is resolved.
Adrienne Webber. She has been feeding the hungry and homeless at Pearson Park for the last five
months. She provides the food and the plates and they clean up after themselves. She was told
yesterday that she has to have a permit. She called the Park Ranger and was told that there is no such
thing as a permit and she was not allowed to do this. There are people who go to Pearson Park and feed
the homeless on a regular basis. She does not see any harm being done or breaking of laws. She is
bringing this to the Council's attention and their sense of compassion and fairness. If it is a public park,
there is no reason why she or anyone else willing to feed the homeless should not be able to do so.
Some of the people who are assisted are in the audience this evening.
Mayor Daly asked Ms. Webber's residence; Adrienne Webber. She lives in Fullerton at 2536 E.
Commonwealth.
PUBLIC COMMENTS - AGENDA ITEMS:
Public input was received on Item A27 and A23 (see discussion under those items).
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for
the Council meeting of June 17, 1997. Council Member Zemel seconded the motion. MOTION
CARRIED.
ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 17, 1997
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Mayor Daly, seconded by
Council Member Zemel, the following items were approved in accordance with the reports, certifications
and recommendations furnished each Council Member and as listed on the Consent Calendar; Mayor
Daly offered Resolutions Nos. 97R-81 and 97R-82, for adoption. Refer to Resolution Book.
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 Virginia E. Dodd for property damages sustained purportedly due to
actions of the City on or about May 2, 1997.
b. Claim submitted by Byron Ruiz for property damages sustained purportedly due to actions of
the City on or about April 9, 1997.
c. Claim submitted by Manuel B. Ybarra for property damages sustained purportedly due to
actions of the City on or about April 23, 1997.
d. Claim submitted by Eugene L. Allard for property damages sustained purportedly due to
actions of the City on or about April 15, 1997.
A2.
105: Receiving and filing minutes of the Community Redevelopment Commission meetings held
April 23, 1997, and May 7, 1997.
105: Receiving and filing minutes of the Anaheim Public Library Board for the meeting held April
30, 1997.
140: Receiving and filing the Anaheim Public Library Monthly Statistical Report for the month of
April, 1997.
105: Receiving and filing minutes of the Investment Advisory Commission meeting held
February 19, 1997.
112: Receiving and filing the Supplemental Law Enforcement Services Funds (SLESF) Report
for the month of May, 1997, as submitted by the City Treasurer.
117: Receiving and filing the Investment Portfolio Report Executive Summary for the month of
May, 1997, as submitted by the City Treasurer.
A3.
A4.
166: Awarding a contract to the lowest responsible bidder, Urban Tech Engineering, Inc., in the
amount of $124,546.40 for Entry Monumentation Sign Walls in Medians at Imperial Highway
(north of Via Escola), Weir Canyon Road (north of La Palma 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.
169: Awarding a contract to the lowest responsible bidder, R.J. Noble Company, in the amount
of $147,733.05 for La Palma Avenue Street Improvements (White Star to Kraemer Boulevard);
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 - COUNCIL MINUTES JUNE 17, 1997
A5.
A6.
A7.
A8.
A9.
Al0.
All.
A12.
A13.
A14.
A15.
167: Awarding a contract to the lowest responsible bidder, Pro Tech Engineering Corporation, in
the amount of $195,841.50 for Euclid Street Traffic Signal Coordination from the I-5 Freeway to
the SR-91; 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, Mike Prlich & Sons, in the amount of
$367,120.40 for Picadilly Way, Buckingham Street & Houston Street Sewer E-1 and E-2
improvements within the I-5 Freeway Widening Segment E-2; 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.
169: Awarding a contract to the lowest responsible bidder, All American Asphalt, in the amount
of $539,607.17 for Orangewood Avenue Street Improvement from Lewis Street to Harbor
Boulevard; 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 $1,198,325 for I-5 Segment "C" Watermain Relocation; 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.
169: Awarding a contract to the lowest responsible bidder, Sully-Miller Contracting Company, in
the amount of $1,493,133.73 for Harbor Boulevard Street, Sewer, Storm Drain and Water
Improvements 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, Valverde Construction, in the amount
of $1,951,055 for I-5 Segment "B" Watermain Relocations; 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.
169: RESOLUTION NO. 97R-81: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM REQUESTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO
ALLOCATE COMBINED TRANSPORTATION PROGRAM FUNDS, IN THE AMOUNT OF
$520,672 FOR HARBOR BOULEVARD/LEMON STREET/PATT AT SR-91 FREEWAY.
169: RESOLUTION NO. 97R-82: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM REQUESTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO
ALLOCATE COMBINED TRANSPORTATION PROGRAM FUNDS, IN THE AMOUNT OF
$410,638 FOR HARBOR BOULEVARD/LEMON STREET/PATT AT SR-91 FREEWAY.
123: Approving an Agreement with Willdan Associates, in an amount not to exceed $78,000 for
miscellaneous engineering services related to the creation of a lighting and landscape district
(Anaheim Resort) and authorizing the Mayor and City Clerk to execute said Agreement.
123: Approving Cooperative Agreement No. 12-314 between the City of Anaheim and the State
of California Department of Transportation for I-5 Freeway Traffic Management Plan
improvements.
123: Approving a Service Contract 12Y594 between the City of Anaheim and the State of
California Department of Transportation for I-5 Freeway detour route traffic signal timing
services.
ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 17, 1997
A16.
123: Approving and authorizing the Mayor and City Clerk to execute Amendment No. 2 to
Cooperative Agreement No. C-92-433 with the Orange County Transportation Authority, for
subconsultant services to coordinate the I-5 Freeway widening project traffic modeling analysis.
A17.
123: Authorizing a Second Amendment to Agreement with Kleinfelder, Inc., to provide for
materials testing and inspection services at reduced rates during construction of the Anaheim
Convention Center Enhancement Project.
A18.
170: Approving the Final Map of Tract No. 14952, and the Subdivision Agreement with
Manzanita Walk, LLC; and authorizing the Mayor and City Clerk to execute said agreement.
Tract No. 14952 is located at 550-684 Vermont Avenue, and is filed in conjunction with
Reclassification No. 93-94-10.
A19.
123: Approving and authorizing the Mayor and City Clerk to execute Sewer Relocation Utility
Agreement No. 12-UT-184 for the I-5 Freeway Widening Project, Segment C.
A20.
123: Authorizing an Amendment to Agreement with Hellmuth, Obata and Kassabaum, Inc.,
(HOK), in an amount not to exceed $2,719,900 to provide for Construction Administration
Services throughout construction of the Anaheim Convention Center Enhancement Project.
A21.
123: Approving an Agreement with Turner Construction Company, in the amount of $2,155,626
to perform Project Representative Services during construction of the Anaheim Convention
Center Enhancement Project.
A22.
123: Approving and authorizing the Mayor and City Clerk to execute Sewer Relocation
Agreement No. 12510 for the I-5 Freeway Widening Project - Segment A3 (Sewer A9), to
perform all the necessary sewer relocation's on Anaheim Way from Claudina Way to Anaheim
Boulevard.
A23.
152: ORDINANCE NO. - .... (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING SECTIONS 1.04.260 AND 1.04.270 OF CHAPTER 1.04 OF TITLE 1 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO THE CONTRACT AUTHORITY OF THE
PURCHASING AGENT. (continued from the meeting of 6/10/97, item a13.)
Revising Council Policies 306 and 401.
152: RESOLUTION NO. - .... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING THE CITY MANAGER TO ENTER INTO CERTAIN AGREEMENTS
FOR AND ON BEHALF OF THE CITY WHEN THE AMOUNTS DO NOT EXCEED $50,000.
(continued from the meeting of 6/10/97, item a13.)
Jeff Kirsch, 2661 W. Palais, Anaheim. He again wishes to comment as he did last week that if this item
is approved, in the interest of public information, he would hope that some policy is formulated either on
a quarterly basis or some convenient cost-effective method to list the items that are authorized under
receive and file or some mechanism for public information purposes.
Council Member Zemel. He is uncomfortable with this item. He has been in Washington, D.C. for the
last four or five days and would like additional time.
Mayor Daly. They received updated information from the City Manager's Office and he is now
comfortable moving ahead.
Council Member Zemel. On the surface, he is uncomfortable extending more spending abilities without
going through the Council. Without having the benefit of the information the Mayor referred to, he is
going to either oppose this or ask for a continuance.
10
ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 17, 1997
City Manager Ruth. The data was submitted to all Council Members last Friday. Staff gives an annual
report to the Council and more frequently if requested. The report identifies every contract the City
Manager approves under $25,000 with a brief description. It is provided to the Council at the end of the
year. These are only items that are in the budget and not outside. If not in the budget, they would have
to come back to the Council for consideration.
Mayor Daly. If the Council approves this item, he would request every six months a report be submitted
to the Council showing any contracts authorized by the City Manager; James Ruth. That would not be a
problem at all.
Council Member Lopez. If Council Member Zemel would like to continue this matter, he will support the
continuance.
MOTION. Council Member Zemel moved to continue this item for one week. Council Member Lopez
seconded the motion. MOTION CARRIED.
A24.
123: Approving a License Agreement with Feedback Foundation, Inc., to utilize Brookhurst
Community Center on a shared basis to provide a comprehensive meal program including
recreational activities and social services to senior citizens through June 30, 1998.
A25.
123: Approving an Agreement with Olive Crest, Inc., for the City to provide a mentoring program
and video library for the "Pathways to Responsibility" teen pregnancy prevention program; and
amending the Community Services Department's General Fund Fiscal Year 1996/97 budget by
increasing revenues and expenditures in the amount of $12,852 in #101-213-7287.
A26.
123: Approving an Agreement with Centralia, and Anaheim City School Districts to provide Park
Ranger patrols of school facilities.
A27.
123: Approving an Agreement between the City of Anaheim and the Canyon Hills Community
Council for the cosponsorship of the Fourth of July Celebration on July 4, 1997, and approving
an increase in expenditure appropriations in Program 101-213-4279-7837 by $5,000.
Janis Farrell, Co-Chairman, Fourth of July Festival in Anaheim Hills. She would first like to thank the
Council on behalf of the Canyon Hills Community Council for the donation they approve for the event
each year. She has also come to invite the Council Members to participate in the activities and has a
packet of information for each one. She then outlined the events that will take place and those events
that they most especially want the Council to participate in.
A28.
A29.
A30.
161: Approving the submission of the Youthbuild Implementation Grant application for $700,000
(provided by the U.S. Department of Housing and Urban Development); and authorizing the
Mayor or Executive Director of the Community Development Department to execute the required
application documents and certifications.
116: Approving the submittal of an application for federal funding to the Departments of
Education and Labor, in the amount of $500,000 for an Urban/Rural Opportunity Grant for
Anaheim youth; and authorizing the City Manager to execute said application on behalf of the
City. (JTP Program)
106: Amending the Police Department's FY 96/97 budget by increasing revenues and
expenditures in the General Fund 101 by $328,428 and the Asset Forfeiture Fund 204 by
$127,507.
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ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 17, 1997
A31.
A32.
A33.
123: Approving the Assignment of Rights Under Written Contract in two reimbursement
agreements (Assignment of Agreements from BHL Investments, Inc., to RC Barton Exemption
Trust UWD 11/2/83 (to reimburse The Presley Companies for the payment of its share of prior
advances for Tract 10971, and for the design and construction of the Serrano Transmission
Main, respectively).
123: Approving a Third Amendment to Agreement with Garvey Communications to provide the
City Manager's Office with public relations consulting services related to Anaheim Resort Area
projects.
114: Approving minutes of the Anaheim City Council meeting held May 20, 1997.
Roll Call Vote on Resolution No. 97R-81 and 97R-82 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 97R-81 and 97R-82 duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED. (Item A23. was continued one week).
A34.
1997/98 BUDGET ACTIONS: Action on the City Budget was continued from the meeting of
June 10, 1997 to this date. (See minutes of June 3 and June 10, 1997 re: Public
Hearings/Departmental Workshop on the 1997/98 City Budget).
Mayor Daly. There are a number of Budget items to be acted upon by the Council this evening. He will
move on the first item.
MOTION. Mayor Daly moved to receive and file the recommendation of the Budget Advisory
Commission dated May 27, 1997. Council Member Lopez seconded the motion. MOTION CARRIED.
Mayor Daly. The last Public Hearing on the City Budget was last week and the Public Hearing was
closed at that time. He asked if staff had anything further to add.
City Manager, James Ruth. Last week there was a discussion on Community Services Agencies
funding; otherwise, there is nothing else.
Mayor Daly referred to the memorandum on Community Services Agencies funding from the City
Manager which the Council received. The proposed funding for non-profit agencies is $132,809.
Council Member Lopez. He has had some discussions with staff on this issue. The Community Services
Board committee recommendation to fund the Community Services Agencies is $200,000. They are the
eyes and ears of the community. With the funding cuts at the Federal, State and County levels, the buck
stops at the City Council. He feels they have to pick up the funding for nonprofits. They need to find the
12
ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 17, 1997
funding to take care of the different organizations. Aisc at a meeting with staff, they recommended
Anaheim Museum needs funding of about $25,000 to stay afloat. He would like to see full funding of all
the requests which would be about $200,000 not counting the Anaheim Museum which is $2,000. He
would recommend $198,000 plus an additional $25,000 for the Museum.
Council Member McCracken. The last two years, they have been providing funding half way through the
year. She feels it is being unreasonable not only for the Community Services Board but all the agencies.
If they are going to fund the agencies anywhere along the line, they need to budget those now and, if
necessary, use reserves to do so and, as in the past, if they find half way through the year they have
additional funds, return the money to reserves. The way it is done now, it makes it difficult for the
organizations to plan and puts additional work and responsibility on the committee to determine how to
spend another $40,000 - $50,000 or whatever is available at that point. She reiterated, if they are going
to provide funds, they should provide them for the whole year.
City Manager Ruth. They have funded that program or a series of programs for the last couple of years
at $132,000 even though they requested $200,000. They did come back for two years at mid year and
adjusted that budget based on City budget performance, for an additional $38,000. Roughly, they are
looking at $170,000 which has been funded. Council Member Lopez is recommending $200,000. They
are already looking at a $30,000 increase over and above what was actually expended this past year
excluding the Museum. It would be an additional $55,000 adding the two.
Council Member Lopez. He would like to make a commitment to fund it all now (the $200,000) so the
organizations do not have to wonder if they are going to get the money; Council Member Zemel
expressed his concern on where the funds would come from and how they could balance the budget
since an additional allocation would make it unbalanced.
Council Member Lopez. He recommended taking it out of reserves. If the funding does come through
from other areas, the money can be put back in reserves. He confirmed he realized this would make it
an unbalanced budget.
Mayor Daly. The recommendations are scheduled to come back to the Council next month for final
action. Regardless of what the Council does this evening with adoption of the Budget, the Council would
retain the ability in July to attempt to locate additional funding for the request; Mr. Ruth confirmed that
was correct.
Terry Lowe, Community Services Recreation-Human Services Representative. Staff would look at
bringing the issue back at the first available opportunity in July; Mayor Daly. He assumed that would be
July 8.
Council Member Tait. Even though he could probably support Council Member Lopez, he would be
against the use of reserves. He feels they have been depleted tremendously the last few years and
instead they need to be building them up.
Mayor Daly. The Council may take action this evening to add to the $132,000 or analyze that possibility
and deal with it on July 8 or later. Staff is recommending $132,000 worth of programming and that would
come to the Council for approval at the next meeting.
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ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 17, 1997
MOTION. Council Member Lopez moved to direct the City Manager to evaluate the potential of
additional funding for non-profits up to $200,000. Council Member Zemel seconded the motion for
purposes of discussion.
Before action was taken, City Manager Ruth answered questions by Council Member Zemel relative to
where the funds might come from. He noted there are a couple of options. One would be the reserves,
and the second might be overperformance of revenues and curtailment of expenditures this past year.
They have outperformed revenues and there have been lower than anticipated expenditures. The
bottom line is, there would probably be sufficient money to cover the additional allocation.
Council Member Zemel. He would like to support the concept that Council Member Lopez put forth but
his problem is a fiscal one and unless he (Lopez) is going to identify what department is going to be cut
or what pay raises will not be given, he does not know how they are going to pay for it. He will be
opposing the motion on the accountability standpoint but hopes there is a way to support this in the
future.
Mayor Daly. Perhaps an idea would be to have the City Manager report back prior to the next meeting
with a recommendation or a number of choices as to where the additional $67,000 could come from.
One idea suggested was reserves and the second is a reduction in spending in another program. A third
is to look at cost savings during the upcoming budget year in various programs. He asked for
clarification if the figure Council Member Lopez talked about was $200,000.
After a brief discussion, Council Member Lopez clarified that the amount would be $225,000 which would
include the Anaheim Museum.
Council Member McCracken. She has a concern with the figures. In previous years, they have asked
for about the same amount of money. For the last two years, which have been fiscally very tight and
conservative, they have given the agencies $41,00. The difficulty is trying to plan or estimate how they
are going to divide the monies. Six months from now they give another $40,000 more and try to work it
out again. She is not looking at as big an increase as Council Member Lopez. They really have given
the agencies over $170,000 in the last two years and it was done with revenue that came in.
At the conclusion of further discussion, a vote was taken on the foregoing motion clarified as follows: To
direct the City Manager to evaluate the potential of additional funding for non-profits and report back with
recommendations and choices as to additional funding up to $225,000. MOTION CARRIED.
Council Member Zemel asked the input of the Library Board on items H, I, J, and K (Library fees); Chris
Jarvi, Director of Community Services Department answered that they were approved unanimously by
the Library Board and the items relating to Parks and Recreation were approved by the Parks and
Recreation Commission unanimously.
Council Member Zemel stated he will be opposing Item K regarding park-in-lieu fees since this is a time
when they need to encourage more development.
Council questions/discussion were answered by staff members Ed Aghjayan, Public Utilities General
Manager; Audrey Lujan, Library Administrative Services Manager; Chris Jarvi, Director of Community
Services, and Greg Smith, General Manager, Stadium/Convention Center relating to the following:
14
ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 17, 1997
Justification for an increase in minor fees (resolution under Item N) electricity and water; fee structure
change on the use of Library community meeting rooms (resolution under H); fees to be charged, re:
Anaheim Stadium parking lot; rental of space at Anaheim Convention Center, and giving authority to
negotiate lower-than-adopted rental rates for the Convention Center.
Mayor Daly offered Resolution No. 97R-83, for adoption. Refer to Resolution Book.
A.)
128: RESOLUTION NO. 97R-83: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING THE ANNUAL APPROPRIATIONS LIMIT OF $430,467,834 FOR THE
FISCAL YEAR 1997/98.
Roll Call Vote on Resolution Nos. 97R-83 for adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
MAYOR/COUNCIL MEMBERS: None
MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 97R-83 duly passed and adopted.
Mayor Daly offered Resolution No. 97R-84, for adoption. Refer to Resolution Book.
B.)
137: RESOLUTION NO. 97R-84: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING THE COMMUNITY FACILITIES DISTRICT NO. 1989-1 (SYCAMORE
CANYON) ANNUAL APPROPRIATIONS LIMIT OF $157,630,091 FOR THE FISCAL YEAR
1997/98.
Roll Call Vote on Resolution Nos. 97R-84 for adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
MAYOR/COUNCIL MEMBERS: None
MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 97R-84 duly passed and adopted.
Mayor Daly offered Resolution No. 97R-85, for adoption. Refer to resolution Book.
c.)
137: RESOLUTION NO. 97R-85: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING THE COMMUNITY FACILITIES DISTRICT NO. 1989-2 (THE
HIGHLANDS) ANNUAL APPROPRIATIONS LIMIT OF $157,630,091 FOR THE FISCAL YEAR
1997/98.
Roll Call Vote on Resolution No. 97R-85 for adoption:
AYES:
NOES:
ABSENT:
ABSTAINED:
MAYOR/COUNCIL MEMBERS: McCracken, Zemel, Lopez, Daly
MAYOR/COUNCIL MEMBERS: None
MAYOR/COUNCIL MEMBERS: None
MAYOR/COUNCIL MEMBERS: Tait
15
ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 17, 1997
The Mayor declared Resolution No. 97R-85, duly passed and adopted.
Mayor Daly offered Resolution No. 97R-86 for adoption. Refer to Resolution Book.
D.) 137: RESOLUTION NO. 97R-86: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING THE COMMUNITY FACILITIES DISTRICT NO. 1989-3 (THE SUMMIT)
ANNUAL APPROPRIATIONS LIMIT OF $157,630,091 FOR THE FISCAL YEAR 1997/98.
Roll Call Vote on Resolution No. 97R-86 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 97R-86, duly passed and adopted.
Mayor Daly offered Resolution No. 97R-87, for adoption. Refer to Resolution Book.
E.) 000: RESOLUTION NO. 97R-87: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING FEES TO BE CHARGED BY THE PUBLIC WORKS DEPARTMENT
OF THE CITY OF ANAHEIM (VARIOUS FEES AND FEE DEPOSITS).
Roll Call Vote on Resolution No. 97R-87 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: McCracken, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: Tait, Zemel
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 97R-87, duly passed and adopted.
Mayor Daly offered Resolution No. 97R-88, for adoption. Refer to Resolution Book.
F.) 000: RESOLUTION NO. 97R-88: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING FEES TO BE CHARGED FOR COMMUNITY SERVICES
DEPARTMENT PROGRAMS AND SERVICES COMMENCING ON SEPTEMBER 1, 1997.
Roll Call Vote on Resolution Nos. 97R-88 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: McCracken, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: Tait, Zemel
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 97R-88, duly passed and adopted.
16
ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 17, 1997
Mayor Daly offered Resolution No. 97R-89, for adoption.
G.)
Refer to Resolution Book.
000: RESOLUTION NO. 97R-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING THE GREENS FEES AND CART RENTAL FEES TO BE CHARGED AT
THE DAD MILLER GOLF COURSE AND THE ANAHEIM HILLS GOLF COURSE, EFFECTIVE
JANUARY 1, 1998.
Roll Call Vote on Resolution No. 97R-89 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 97R-89, duly passed and adopted.
Mayor Daly offered Resolution No. 97R-90, for adoption. Refer to Resolution Book.
H.)
000: RESOLUTION NO. 97R-90: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING THE POLICIES ESTABLISHED BY THE ANAHEIM LIBRARY BOARD
FOR THE USE OF LIBRARY COMMUNITY MEETING ROOMS AND THE FEES AND
CHARGES REQUIRED PURSUANT THERETO; AMENDING RESOLUTION NO.66R-286 AND
RESCINDING CERTAIN OTHER RESOLUTIONS.
Roll Call Vote on Resolution Nos. 97R-90 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 97R-90 duly passed and adopted.
Mayor Daly offered Resolution No. 97R-91 for adoption. Refer to Resolution Book.
I.)
140: RESOLUTION NO. 97R-91: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADJUSTING THE AMOUNT OF THE FEE FOR THE PUBLIC LIBRARIES
FACILITIES PLAN FOR THE EAST SANTA ANA CANYON AREA.
Roll Call Vote on Resolution No. 97R-91 for adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS: McCracken, Lopez, Daly
MAYOR/COUNCIL MEMBERS: Tait, Zemel
MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 97R-91 duly passed and adopted.
(Council Member Tait stated he was voting NO on just the increase portion.)
17
ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 17, 1997
Mayor Daly offered Resolution No. 97R-92 for adoption. Refer to Resolution Book.
J.)
000: RESOLUTION NO. 97R-92: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AND ADOPTING THE RECOMMENDATION OF THE LIBRARY
BOARD OF THE ANAHEIM PUBLIC LIBRARY TO ESTABLISH, INCREASE AND/OR
DECREASE CERTAIN FINES AND FEES.
Roll Call Vote on Resolution No. 97R-92 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 97R-92 duly passed and adopted.
Mayor Daly offered Resolution No. 97R-93 for adoption. Refer to Resolution Book.
K.)
000: RESOLUTION NO. 97R-93: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING THE AMOUNT OF THE PARK IN-LIEU FEE AND RESCINDING
RESOLUTION NO. 96R-102.
Roll Call Vote on Resolution No. 97R-93 for adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS: McCracken, Lopez, Daly
MAYOR/COUNCIL MEMBERS: Tait, Zemel
MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 97R-93 duly passed and adopted.
(Council Member Tait stated he was voting NO on just the increase portion.)
Mayor Daly offered Resolution No. 97R-94, for adoption. Refer to Resolution Book.
L.) 000: RESOLUTION NO. 97R-94: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING FEES TO BE CHARGED FOR CERTAIN SERVICES PROVIDED
BY THE ANAHEIM POLICE DEPARTMENT.
Roll Call Vote on Resolution No. 97R-94 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 97R-94 duly passed and adopted.
18
ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 17, 1997
Mayor Daly offered Resolution No. 97R-95 and 97R-96, for adoption. Refer to Resolution Book.
M.)
000: RESOLUTION NO. 97R-95: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING RATES TO BE CHARGED FOR LICENSING AND FOR CERTAIN
LABOR, EQUIPMENT AND SERVICES AT ANAHEIM STADIUM PARKING LOT
COMMENCING JULY 1, 1997.
000: RESOLUTION NO. 97R-96: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING RATES TO BE CHARGED FOR RENTAL OF SPACE AT THE
ANAHEIM CONVENTION CENTER COMMENCING JULY 1, 1997.
Roll Call Vote on Resolution Nos. 97R-95 and 97R-96, for adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
MAYOR/COUNCIL MEMBERS: None
MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 97R-95 and 97R-96, duly passed and adopted.
MOTION: Mayor Daly move to Authorize the Stadium/Convention Center General Manager to offer a
minimum rental rate for utilization of one-half of an exhibit hall at half the minimum rental rate for said
hall; and authorizing the City Manager, upon recommendation by the Stadium/Convention Center
General Manager or the President of Anaheim/Orange County Visitor and Convention Bureau, to
negotiate lower-than-adopted rental rates for the Convention Center. Council Member Lopez seconded
the motion. MOTION CARRIED.
Mayor Daly offered Resolution No. 97R-97, for adoption Referred to Resolution Book.
N.)
175: RESOLUTION NO. 97R-97: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RATES, RULES AND REGULATIONS FOR THE SALE AND
DISTRIBUTION OF ELECTRICITY AND WATER AS ADOPTED BY RESOLUTIONS NOS. 71-
478 AND 72-600 AND MOST RECENTLY AMENDED BY RESOLUTION NOS. 97R-28 AND
95R-140.
Roll Call Vote on Resolution No. 97R-97 for adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS: McCracken, Lopez, Daly
MAYOR/COUNCIL MEMBERS: Tait, Zemel
MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 97R-97 duly passed and adopted.
MOTION: Mayor Daly then moved to adopt the 1997/98 City Budget. Council Member Lopez seconded
the motion.
Before a vote was taken, Council Members gave their input relative to the proposed budget:
19
ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 17, 1997
Council Member Zemel. He is going to be voting against the budget for a simple reason. There is a
$3.5 million dollar increase to the General Fund and he has consistently not been voting for pay
increases that are in the budget. He has been saying since he was elected that he wants to see Police
Officers added every year but that is not the case in this budget. He believes things are getting better
and that is why they can have an increase in the budget, but it is not his public policy to have the money
go where it is going and not for additional Police Officers. It was stated during budget hearings there is a
perception that the parks have crime is not a true perception. He believes it is a reality. The City is not
cleaned up enough yet for him. He wants more Police presence and they are not getting it in this budget.
He will be quietly voting against the budget.
Council Member Tait. He partially agrees with Council Member Zemel. He also voted against the pay
increases and has advocated more Police Officers; however, he will respectfully disagree on the vote
against the budget. At this point, he feels it is important that they move forward and will continue to vote
against pay increases until he feels they have dug themselves out of the hole.
Council Member Lopez. He believes the whole Council agrees they would like to hire more Police
Officers. The Budget has been increased in the Police Department. They have kept hiring Officers for a
number of years and this year he believes they have approved over $700,000 for Dispatchers and other
support staff. They have done quite a bit and this was the year they needed to do other things to support
the Officers that were hired as recommended by staff. Hopefully next year if the money is there they will
hire additional Officers. Staff's recommendation is a good one and the Police are continuing to do a
good job in bringing the crime rate down.
Council Member Zemel. It is not a question of doing enough for the Police Department. The finger
printing system alone will not identify illegal aliens unless they are in the system now. He is not
suggesting by voting for this Budget the Council feels there are enough Police Officers and that the City
is OK. It has to do with his belief system and the commitment he made to add Police Officers every
year until the City is a better place. He believes they have a long way to go to make the City a safer
place.
Council Member McCracken. Her commitment to the City and the citizens was to help restore some of
the programs that have been cut over the past five years, help to repair streets and street lights and
return the park programs. She believes this budget does that and still maintains a strong Police
presence and with the support they are giving to the Police Department, they will have a safe as well as
a beautiful City.
Council Member Tait. He asked the City Manager relative to the budget if it was an adjustable document
so that six months from now they can review it again and make adjustments if they wish to.
City Manager Ruth. The City Council can at any given meeting adjust the budget or change it. They
have the flexibility to do that.
Council Member Tait. He reiterated, he feels at this time it is important to move forward. He will attempt
to adjust it as they move along. As far as the Police Budget, there is an increase of about $1.5 million.
Maybe it is not enough, but for him, it is time to move along and pass the Budget.
2O
ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 17, 1997
Mayor Daly. This is the 9th budget he has seen from the City Manager's Office and it contains some of
the best news in a long time including more funding for the Police Department for special new equipment
needs. There is $500,000 in the Budget for the first time for special neighborhood cleanup programs to
complement the recently started Neighborhood Planning Program. There is more money for
transportation projects which serve as a good investment for the future of the City and of great
importance to quality of life issues. The Budget includes an enormous amount of new investment in the
City. It is public investment to support the dramatic amount of private investment which will add jobs,
repair the infrastructure, and set the stage for years of prosperity to come. It is setting the stage for
dramatic improvement in almost every section of Anaheim. It is an excellent budget and reflects the
upturn in the economy locally. He feels they can rely on a continuing upturn in the local economy -- the
sales tax revenue is increasing, tourism is increasing. He appreciates all the hard work of City Manager
Ruth, the Finance Director, Bill Sweeney, and the rest of the staff. It is also the most readable budget
they have ever had. The Executive Summary has been laid out and is very clear. It is a tribute to the
City Manager and staff. He looks forward to some of the new programs, particularly the new
Neighborhood Planning Program. He is pleased to support this budget.
City Manager Ruth. Just to advise the Council, last week, the Public Works Department did propose
increasing the Budget by $309,000 which was reflected in additional Measure M and gas tax money for
City beautification on major corridors. That should be incorporated as an amendment to the budget.
Relative to the Community Services Agencies funding, the City Manager has been directed to report
back to the Council at its next meeting.
MOTION. Mayor Daly moved to adopt the 1997/98 City Budget. As recommended by the City Manager
with a $309,000 increase for the City beautification on major corridors. Council Member Lopez seconded
the motion. Council Member Zemel voted NO. MOTION CARRIED.
A35., A36., A37., A38. AND A39. - 153 CLASSIFICATION AND COMPENSATION CHANGES TO
IMPLEMENT THE FY 1997/98 CITY BUDGET: Submitted were reports dated June 10, 1997 from the
Human Resources Department recommending approval of the proposed resolutions to implement the
FY1997/98 budget effective June 27, 1997.
Mayor Daly. He is wondering how the new positions are dealt with particularly in the City Manager's
Office. He asked if they are still in the recommendation.
City Manager Ruth. In the City Manager's Office, they are recommending the creation of an
Intergovernmental Relations Coordinator which is a new position at two steps lower than the previous
classification. It will be partially funded by Administration and partially by the Anaheim Resort Area. It is
the only position that is being added. They split off the Community Relations function which he has
discussed with the Council and will be looking at that title and probably changing the Public Awareness
position title to more accurately reflect what that position will be doing.
Council Member Lopez. He referred to the compensation for Part-Time Police Cadets and Part-Time
Traffic Control Assistants (Item A38.). If these individuals were full time, he assumed they would be
represented by AMEA (Anaheim Municipal Employees Association); City Manager Ruth clarified that was
correct.
21
ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 17, 1997
Council Member Lopez. The individuals have not had a raise since 1991 and since 1991, AMEA
employees have received over a 13% raise. It is unfortunate that the part-time people at the Police
Department are not represented. His concern is that they should be compensated more than the 4%.
Because many of the young men and women will eventually become Police Officers, they have an
opportunity as a Police Department to take a good look by training them and then getting the best of the
best as Police Officers. He would hope that since AMEA received over a 13% raise, there is some way
to give more than 4% -- perhaps 4% this year and 4% next year, the same with the Traffic Control
Assistants. His main concern is not only the money situation, but also these are quality, qualified
individuals who have gone through the same process as hiring Police Officers. That is his opposition to
A38.
City Manager Ruth. They recognize a lot of part-time people throughout the City have not been given
increases over the last several years based on the ability to pay and the status of the market. There was
an analysis done. It was felt that the 4% would bring them close to market. Staff will take a look and
make sure they are tracking with the market in order to be able to recruit and retain these people. They
would be more than happy to revisit the matter again in the next fiscal year and make sure they are
addressing Council Member Lopez's concerns.
Council Member Zemel. He is extremely uncomfortable having a Council Member talking about getting
increases for people he is doing backgrounds on and works with every day. They cannot negotiate
contracts and compare what one represented or unrepresented employee is getting compared to what
they gave another group. He does not know how he (Lopez) can work on the Fire Department contract if
he is going to use a comparison of one union against another. He does not know the legality but is
appalled they are into this issue. A lot of pay raises have gone on in the back room which he has kept
quiet. To him it is abominable to have a Police Union Member trying to get an increase for a Police
Cadet.
Mayor Daly. He wants to clarify that any pay raises are approved in public by a public vote of the City
Council. There is no increase that may be approved in Closed Session. Maybe they are discussed in
Closed Session, but acted on in public.
Council Member Zemel. It is wrong to have a Police member sitting up on the dais trying to negotiate
pay raises for fellow employees that he is working with and doing background checks.
Mayor Daly. He wants to underscore that he (Zemel) accused the Council of something that is patently
not true, i.e., handing out pay raises in the "back room". He will not allow anyone to say that about him
without a response.
Council Member Zemel. He apologizes for that. What he meant to indicate was that the discussions
take place and several votes taken in the back room and then brought out before the public and voted on
in public.
Council Member Lopez. He is allowed to vote on these issues as long as he gains nothing. First, there is
not a conflict and secondly, he has never made an issue of Council Member Tait's abstaining, for
example, five times at the last meeting. Speaking about conflicts, Council Member Tait's company does
business with Anaheim and he abstains numerous times. He feels that situation puts a lot of pressure on
staff members. Relative to the Police contract, he (Lopez) abstains only if he has to and believes it was
only one time in 2 1/2 years whereas if Council Member Tait's record was researched, it would show that
he has abstained many times.
22
ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 17, 1997
Council Member Tait. When there is a legal conflict of interest, he does abstain because it is the law;
however, he believes Council Member Lopez insinuated his business does business for the City. That
would be unethical, if not illegal, and he has not done that. They have done projects and represented
clients in the City of Anaheim and on all those items, he has abstained as required by State law. He has
abstained even when it has not been required by State law except where it would possibly be looked at
as a perceived conflict of interest.
Mayor Daly stated that he was going to offer all of the items under A35. for adoption.
Before further action, Council Member Tait stated that items A35. through A39. are a variety of
classification changes, mostly increases. The net cost of the proposed pay increases is an additional
$87,000 and possibly more. He is going to vote against them for the reasons he voted against the other
pay raises in the past. They are not out of the hole yet and reserves are substantially down from before.
To give some perspective, in the Fall of 1995, they laid out a fiscal plan for the City, "Plotting the City's
Fiscal Future" and one of the requirements on expenditures FY 1997/95 to FY 2000, was that labor costs
must be flatlined. They have not done that and are still not doing it. They cannot seem to hold the line
and for that reason, he is going to vote against all of them.
Mayor Daly offered the four resolutions under Item A35. As follows:
153: RESOLUTION NO. - .... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 92R-19, WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS EXECUTIVE MANAGEMENT,
EFFECTIVE JUNE 27, 1997. (Continued from the meeting of June 10, 1997, Item A15.)
153: RESOLUTION NO. - .... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NOS. 92R-22 AND 92R-21, WHICH ESTABLISHED
RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS ADMINISTRATIVE
MANAGEMENT AND MIDDLE MANAGEMENT, EFFECTIVE JUNE 27, 1997. (Continued from
the meeting of June 10, 1997, Item A18.)
153: RESOLUTION NO. - .... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NOS. 92R-20 AND 92R-15, WHICH ESTABLISHED
RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS SUPERVISORY
AND PROFESSIONAL, EFFECTIVE JUNE 27, 1997. (Continued from the meeting of June 10,
1997, Item A18.)
153: RESOLUTION NO. - .... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR CLASSIFICATIONS
ASSIGNED TO THE GENERAL UNIT REPRESENTED BY THE ANAHEIM MUNICIPAL
EMPLOYEES ASSOCIATION, EFFECTIVE JUNE 27, 1997. (Continued from the meeting of
June 10, 1997, Item A18.)
The resolutions failed to carry by the following vote:
Roll Call Vote on Resolutions:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS: McCracken, Daly
MAYOR/COUNCIL MEMBERS: Tait, Zemel, Lopez
MAYOR/COUNCIL MEMBERS: None
23
ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 17, 1997
Mayor Daly offered Resolutions Nos. 97R-98 and 97R-99 under Item A36, for adoption. Refer to
Resolution Book.
A36.
153: RESOLUTION NO. 97R-98: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 92R-17 WHICH ESTABLISHED PERSONNEL
RULES FOR CLASSIFICATIONS DESIGNATED AS MANAGEMENT, CONFIDENTIAL AND
UNREPRESENTED PART-TIME, EFFECTIVE JUNE 27, 1997. (REVISING PERSONNEL
RULES 4, 10 AND 16.) (continued from the meeting of June 10, 1997, item a19.)
153: RESOLUTION NO. 97R-99: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 94R-151 WHICH ESTABLISHED PAY POLICIES
FOR CLASSIFICATIONS ASSIGNED TO EXECUTIVE, ADMINISTRATIVE, MIDDLE
MANAGEMENT, SUPERVISORY AND PROFESSIONAL GROUPS, EFFECTIVE JUNE 27,
1997. (REVISING MANAGEMENT PAY POLICY 1.2.) (continued from the meeting of June 10,
1997, item a19.)
Roll Call Vote on Resolution Nos. 97R-98 and 97R-99 for adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS: McCracken, Lopez, Daly
MAYOR/COUNCIL MEMBERS: Tait, Zemel
MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 97R-98 and 97R-99 duly passed and adopted.
Mayor Daly offered Resolution No. 97R-100 under Item A37, for adoption. Refer to Resolution Book.
A37. 153: RESOLUTION NO. 97R-100: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AMENDING RESOLUTION NO. 94R-151 RELATING TO PAY POLICIES FOR
CITY COUNCIL APPOINTEES, EFFECTIVE JUNE 27, 1997. (ADDING NEW SECTION 1.26
TO PERSONNEL RULES.) (Continued from the meeting of June 10, 1997, Item A20.)
Roll Call Vote on Resolution No. 97R-100 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: McCracken, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: Tait, Zemel
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 97R-100 duly passed and adopted.
Mayor Daly offered Resolution No. 97R-101 under Item A38, for adoption. Refer to Resolution Book.
A38.
153: RESOLUTION NO. 97R-101: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR UNREPRESENTED PART-
TIME JOB CLASSIFICATIONS, AND SUPERSEDING RESOLUTION NO. 91R-125 AND
AMENDMENTS THERETO, EFFECTIVE JUNE 27, 1997.) (Continued from the meeting of
June 10, 1997, Item A21 .)
24
ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 17, 1997
Roll Call Vote on Resolution No. 97R-101 for adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS: McCracken, Lopez, Daly
MAYOR/COUNCIL MEMBERS: Tait, Zemel
MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 97R-101 duly passed and adopted.
Mayor Daly offered Resolution Nos. 97R-102 and 97R-103 under Item A39, for adoption. Refer to
Resolution Book.
A39.
153: RESOLUTION NO. 97R-102: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AMENDING RESOLUTION NO. 92R-20 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS SUPERVISORY, EFFECTIVE
JUNE 27, 1997. (Continued from the meeting of June 10, 1997, Item A22.)
153: RESOLUTION NO. 97R-103: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AMENDING RESOLUTION NOS. 92R-22 AND 92R-21 WHICH ESTABLISHED
RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS ADMINISTRATIVE
MANAGEMENT AND MIDDLE MANAGEMENT, EFFECTIVE JUNE 27, 1997. (Continued from
the meeting of June 10, 1997, Item A22.)
Roll Call Vote on Resolution Nos. 97R-102 and 97R-103 for adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS: McCracken, Lopez, Daly
MAYOR/COUNCIL MEMBERS: Tait, Zemel
MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 97R-102 and 97R-103 duly passed and adopted.
ITEMS B1 - B8 FROM THE PLANNING COMMISSION MEETING OF MAY 28, 1997:
INFORMATION ONLY- APPEAL PERIOD ENDS JUNE 19, 1997:
B1.
179: CONDITIONAL USE PERMIT NO. 3918 AND NEGATIVE DECLARATION:
OWNER: PUBLIC STORAGE EURO PARTNERSHIP VI, LTD., Attn: Kay Merg, P.O. Box
25025, Glendale, CA 91221
AGENT: LOS ANGELES CELLULAR, Attn: Holly Sandier & Leslie Daigle, 17785 Center Court
Drive North, Cerritos, CA 90701
J.L. HARE AND ASSOCIATES, Attn: Holly Sandier, 17581 Irvine Boulevard, #200, Tustin, CA
92680
LOCATION: 4880 East La Palma Avenue. Property is 3.74 acres, with a frontage of 340 feet
on the south side of La Palma Avenue, located 480 feet east of the centerline of Hancock Street.
To permit an unmanned 420 square-foot cellular communications facility within an existing self-
storage business with an approximate 47-foot high triangular monument (tower) with twelve face-
mounted antennas.
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ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 17, 1997
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3918 GRANTED, IN PART, for five years to expire May 28, 2002 (PC97-64) (5 yes
votes, 2 absent).
Approved Negative Declaration.
B2.
CONDITIONAL USE PERMIT NO. 3933, CATEGORICALLY EXEMPT, CLASS 1:
OWNER: JOHN MICHAEL TRIPLETT, 5680 Pine Court, Cypress, CA 90630
LOCATION: 2774-2780 West Lincoln Avenue. Property is 0.5 acre located on the west side of
Lincoln Avenue, approximately 250 feet east of the centerline of Dale Avenue.
To convert a former delicatessen into seven (7) office units on a property also developed with a
single family residence.
ACTION TAKEN BY THE PLANNING COMMISSION:
WITHDRAWN by the Applicant.
B3.
179: RECLASSIFICATION NO. 96-97-07 AND NEGATIVE DECLARATION:
OWNER: NEWPORT FEDERAL, Attn: M.C. Homing Jr., President, 4425 Jamboree Road,
#250, Newport Beach, CA 92660
AGENT: JAMES R. GILL, 4425 Jamboree Road, #250, Newport Beach, CA 92660
LOCATION: 1380 East Sanderson Avenue. Property is 4.8 acres located at the westerly end of
Sanderson Avenue, 690 feet west of the centerline of Phoenix Club Drive.
To reclassify this property from the ML (Limited Industrial) to the CL (Commercial, Limited)
Zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
GRANTED Reclassification No. 96-97-07, unconditionally, (PC97-65) (5 yes votes, 2 absent).
Approved Negative Declaration.
B4.
179: RECLASSIFICATION NO. 96-97-11 AND NEGATIVE DECLARATION:
OWNER: CITY-INITIATED, PLANNING DEPARTMENT, 200 South Anaheim Boulevard,
Anaheim, CA 92805
LOCATION: 1221-1271 South Phoenix Club Drive and 1321-1381 South Auto Center Drive.
Property is 13.1 acres located at the southwest corner of Ball Road and Phoenix Club Drive.
To reclassify this subject property from the ML (Limited Industrial) Zone to the CL (Commercial,
Limited) Zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
GRANTED Reclassification No. 96-97-11, unconditionally, (PC97-66) (5 yes votes, 2 absent).
Approved Negative Declaration.
B5.
179: CONDITIONAL USE PERMIT NO. 2667 AND NEGATIVE DECLARATION:
OWNER: KENNETH W. HOLT, 1557 West Mable Street, Anaheim, CA 92802
AGENT: DAVID R. JACKSON, 1557 West Mable Street, Anaheim, CA 92802
LOCATION: 121 South Citron Street - Fairmont Private School. Property is 0.73 acre located at
the northwest corner of Chestnut Street and Citron Street.
To amend a condition of approval pertaining to a time limitation for a modular classroom.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved Conditional Use Permit No. 2667, as readvertised, for an additional five years, to
expire May 28, 2002 (PC97-67) (6 yes votes, 1 absent).
Negative Declaration previously approved.
26
ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 17, 1997
Be.
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 3934 AND NEGATIVE DECLARATION:
OWNER: JOSE L. & CELIA PULIDO, ANASTASIA & BILL KITSINIS, 8511 La Palma Avenue,
Buena Park, Ca 90620
AGENT: NADER MEHR DADI, 11080 Robinson Drive, Stanton, CA 92680
LOCATION: 2235 West Lincoln Avenue. Property is 0.14 acre located at the northwest corner
of Lincoln Avenue and Kathryn Drive.
To permit an automobile sales lot with waiver of permitted encroachments into required setback
areas.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3934 DENIED (PC97-68) (6 yes votes, 1 absent).
Denied waiver of code requirement.
Approved Negative Declaration.
B7.
GENERAL PLAN AMENDMENT NO. 349
EIR NO. 319 (PREVIOUSLY CERTIFIED):
OWNER: CITY-INITIATED (PLANNING DEPARTMENT), 200 South Anaheim Boulevard,
Anaheim, CA 92805
LOCATION:
Area 1: Approximately 4.58 acres, having frontages of approximately 520 feet on the east side
of Brookhurst Street and 85 feet on the west side of Valley Street, located approximately 570
feet north of the centerline of Gramercy Avenue (from the intersection of Brookhurst Street and
Gramercy Avenue), and further described as 850 North Brookhurst Street.
Area 2: Approximately 4.69 acres, located at the southeast corner of Gramercy Avenue and
Brookhurst Street, having approximate frontages of 730 feet on the south side of Gramercy
Avenue and 430 feet on the east side of Brookhurst Street, and further described as 600-626
North Brookhurst Street.
Area 3: Approximately 2.09 acres (corrected to 2.27 acres), located at the northwest corner of
Crescent Avenue and Valley Street, having approximate frontages of 730 feet on the north side
of Crescent Avenue and 250 feet on the west side of Valley Street, and further described as
2141-2171 West Crescent Avenue.
City-initiated (Planning Department) amendment to the Land Use Element of the General Plan to
consider redesignating Areas 1,2 and 3 from the existing General Industrial and Medium Density
Residential land use designations to the General Commercial land use designation. The subject
request involves three (3) separate areas described above.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended adoption of General Plan Amendment No. 349 (Exhibit A) to City Council (PC97-
69).
Approved previously certified EIR NO. 319.
Set for public hearing before the City Council on July 15, 1997, at 6:00 p.m..
27
ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 17, 1997
REPORT AND RECOMMENDATION ITEMS:
B8. 179: CONDITIONAL USE PERMIT NO. 3711 - REQUEST FOR SUBSTANTIAL
CONFORMANCE FOR A PREVIOUSLY APPROVED SERVICE STATION AND NEGATIVE
DECLARATION (PREVIOUSLY APPROVED):
LOCATION:. Property is located at 5650 East La Palma Avenue.
Jeff Chess, representing Texaco Refining and Marketing, 2322 West Third Street, Los Angeles,
CA 90057, requests review and approval for determination of substantial conformance to add
car wash vacuums to a previously approved service station with an accessory convenience
market and automated car wash facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
The proposed overhead vacuum station is in substantial conformance with the previously-
approved plans for CUP NO. 3711, with the understanding that a trellis with vegetation shall be
created to screen the vacuum station
Negative Declaration previously approved.
ITEMS B9 - B15 FROM THE PLANNING COMMISSION MEETING OF JUNE 9, 1997:
B9.
INFORMATION ONLY -APPEAL PERIOD ENDS JULY 1, 1997:
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 3936 AND NEGATIVE DECLARATION:
OWNER: K.C. CHANG, 1265 Manassero Street, #303, Anaheim, CA 92807
LOCATION: 2625 West Lincoln Avenue. Property is 1.04 acres located 265 feet west of the
centerline of Magnolia Avenue.
To construct a 2-story, 12-unit detached condominium complex with waiver of minimum distance
between buildings.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3936 GRANTED (PC97-71) (5 yes votes, 2 absent).
Approved waiver of code requirement.
Approved Negative Declaration.
B10.
179: CONDITIONAL USE PERMIT NO. 3939
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 97-09
OWNER: DONALD MILLER, LOIS MILLER, EDWIN MILLER JR. AND BARBARA STEPHEN
MILLER, 1544 Buckingham, La Jolla, CA 92703
AGENT: GROWTH MANAGEMENT COMPANY, 12362 Beach Boulevard,Suite 110, Stanton,
CA 90680
LOCATION: 301 South Anaheim Boulevard. Property is 0.93 acre located at the southwest
corner of Broadway and Anaheim Boulevard
To construct a 3,750 square foot service station with a drive-through car wash, two fast-food
restaurants, and a convenience market with retail sales of beer and wine for off-premises
consumption. To determine public convenience or necessity for retail sales of beer and wine for
off-premises consumption.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3939 GRANTED (PC97-72) (5 yes votes, 1 abstained and 1 absent).
APPROVED the Determination of Public Convenience or Necessity (PC97-73).
Approved Mitigated Negative Declaration.
28
ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 17, 1997
Mayor Daly. There are some design details that will be subject to review by the Redevelopment
Commission and the Planning Commission. He asked to hear from staff on this proposal.
Greg Hastings, Zoning Division Manager. Both the Planning Commission and Redevelopment
Commission will be reviewing a site plan, landscape plans, floor plans, sign plans, the roof-mounted
equipment plan, the car wash circulation plan, and the elevation drawings for the building.
Council Member McCracken. Relative to the retail sales of beer and wine, the agent for the company
presented this project to her which looked very nice but one item he left off when he explained the
project was the retail sales of beer and wine. She has some real concerns/questions about that. She
does not know if anyone else wants to set the matter for a Public Hearing but this is a neighborhood
where they have tried to reduce beer and wine sales.
Council Member Lopez. He agrees and objects to having any establishment with a beer and wine
license. He also met with the individuals and was not told they would have a beer and wine license. He
would not approve that and believes that a beer and wine license would generate a lot of negative
activity.
Mayor Daly noted that one of the recommendations was to limit the sale. While the Planning
Commission reviewed and approved the proposal for beer and wine, they did recommend limiting the
hours of sale to no later than 10:00 P.M.; Council Member Lopez stated that would not change his mind.
It is unacceptable to him.
Council Member McCracken requested a review of the Planning Commission's decision; Council
Member Lopez concurred. Therefore, a Public Hearing will be set for a later date.
Bll.
179: VARIANCE NO. 4306, CATEGORICALLY EXEMPT, CLASS 11:
OWNER: IMPERIAL PROMENADE PARTNERS, Attn: Debeikes Investment Company, 5289
Alton Parkway, Irvine, CA 92604
LOCATION: 5645-5675 East La Palma Avenue - Imperial Promenade. Property is 4.4 acres
located west and north of the northwest corner of La Palma Avenue and Imperial
Highway. Waivers of permitted directional signs to construct three on-site directional signs.
ACTION TAKEN BY THE PLANNING COMMISSION:
WITHDRAWN.
REPORT AND RECOMMENDATION ITEMS:
B12.
179: CONDITIONAL USE PERMIT NO. 2699 - REQUEST FOR SUBSTANTIAL
CONFORMANCE, AND NEGATIVE DECLARATION:
LOCATION: Property is located at 3450 West Ball Road.
Brad Fliss, representing World Oil Marketing, 9302 South Garfield Avenue, South Gate, CA
90280, requests determination of substantial conformance to construct one gasoline pump island
canopy.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 2699 - Plans determined to be in substantial conformance.
Negative Declaration previously approved.
29
ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 17, 1997
B13.
179: CONDITIONAL USE PERMIT NO. 3662 - REQUEST FOR SUBSTANTIAL
CONFORMANCE, AND NEGATIVE DECLARATION:
LOCATION: Property is located at 6270 East Santa Ann Canyon Road.
Doug Browne, P.O. Box 18021, Anaheim, CA 92817, requests determination of substantial
conformance for a previously approved private school and church in conjunction with an office
building. Property is located at 6270 East Santa Ann Canyon Road.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3662 - Plans determined to be in substantial conformance.
Negative Declaration previously approved.
Council Member McCracken. She was not on the Council when this was approved. It indicates it was
previously approved for a church, school and office building. It is a relatively small space. She was
under the impression it was approved for a Montessori School, or pre-school, something of that nature.
Greg Hastings. He confirmed it was approved for a church, school and office building. What went to the
Planning Commission was a substantial conformance which meant the square footages of the unit were
changing but the three actions that were included in the mix are remaining substantially the same. All
three uses were approved.
Council Member McCracken requested a review of the Planning Commission's determination that the
project is in substantial conformance; Council Member Zemel concurred.
City Attorney White. The scope of the Council's review would be to review the Planning Commission's
decision as to whether the plans substantially conform to the previously approved CUP. There is an
approved CUP that they cannot revisit at this time for the school in conjunction with the office building
and church.
Council Member Zemel. He is aware of that but he did not want to go beyond the substantial
conformance.
Council Member Lopez. He went to the area when they were proposing the child care center on that
property. It seemed like a very narrow piece of property. He asked the width; Greg Hastings. The street
frontage is 285' which is the widest portion. This is about 125' wide.
Council Member Lopez. He knows there is a cul de sac on the east side. He asked if there are any
plans to open that up. The width does narrow going south. It will be a very narrow building.
Greg Hastings. The cul de sac is just to the west of the property. The intent was to make sure there was
a rather high wall to separate the residential from commercial. There is only one access point. He
clarified, there is no plan to open that up.
B14. 179: CONDITIONAL USE PERMIT NO. 3915 - REVIEW OF FINAL PLANS AND NEGATIVE
DECLARATION (PREVIOUSLY APPROVED:
Hassan Berri, 16205 Hemp Circle, Fountain Valley, CA 92708, requests review and approval of
final building elevation plans for a previously-approved service station. Property is located at
1199 South State College Boulevard - (Mobil Oil).
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3915 - APPROVED final plans.
Negative Declaration previously approved.
3O
ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 17, 1997
B15.
155: EIR NO. 319 (PREVIOUSLY CERTIFIED)
VARIANCE NO. 4303 - REVIEW OF FINAL PLANS:
Francis C. Chu (presenting Home Depot), 15101 Red Hill Avenue, #200, Tustin, CA 92680,
requests review and approval of final elevation, landscape and sign plans for a previously-
approved home improvement building and garden center. Property is located at 714 North
Brookhurst Street.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4303 - APPROVED final plans.
EIR NO. 319 previously certified.
B16.
179: ORDINANCE NO. 5602 (ADOPTION) Amending Title 18 to rezone property under
Reclassification No. 94-95-08 located at 260 South Euclid Street from the CH zone to the CL
zone. (Introduced at the meeting of June 10, 1997, Item B6.)
Mayor Daly offered Ordinance No. 5602 for adoption. Refer to Ordinance Book.
ORDINANCE NO. 5602: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE
ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO ZONING (RECLASSIFICATION NO. 94-95-08).
Roll Call Vote on Ordinance No. 5602 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 5602 duly passed and adopted.
B17.
179: ORDINANCE NO. 5603: (INTRODUCTION) amending Ordinance No. 5110 relating to the
Anaheim Hills Festival Specific Plan No. 90-01 (Amendment No. 2).
Council Member McCracken. This ordinance will now allow the use of Festival Drive for parking. When
the Council discussed the Festival's CUP to expand, that was one of the issues she had. She objected to
the use of Festival Drive for parking as well as Council Member Lopez. Now, this is a proposed
ordinance which is going to grant the right to park along Festival Drive.
Greg Hastings, Zoning Division Manager. He believes what the final ordinance said, in the event that the
retail portion of the center is filled which includes the new building proposed at the rear of the property,
the option would be available if a parking study were done showing that there was not sufficient parking
on site and that Festival Drive be used as a last resort for additional parking. If there is sufficient parking
on site, the parking study would indicate that. If all the retail was built out and there appears to be a
parking problem at that point, the City Traffic Engineer would review a parking study which could allow
parking on Festival Drive.
Council Member Lopez. He asked for clarification that the undeveloped portion of the property has not
been built on as yet; Greg Hastings confirmed that was correct. It is still empty.
31
ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 17, 1997
Council Member McCracken. If the ordinance passes, does the parking issue return to the Council.
Greg Hastings. He believes that the condition is worded that the Planning Commission has the
opportunity to review the recommendation of the Traffic Engineer.
Mayor Daly offered Ordinance No. 5603 for first reading.
ORDINANCE NO. 5603: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
ORDINANCE NO. 5110 RELATING TO THE ANAHEIM HILLS FESTIVAL SPECIFIC PLAN NO.
90-01 (AMENDMENT NO. 2).
C1.
114 SHOPPING CART ABANDONMENT/RETRIEVAL: Discussion requested by Mayor Pro
Tern Lou Lopez regarding shopping carts (requested at the meeting of May 20, 1997, Item C4.)
Submitted was report dated June 17, 1997 from Intergovernmental Relations/Public Affairs - Subject:
Shopping Cart Retrieval - Action Plan (for information only) outlining a legislative strategy and an
operational strategy.
Council Member Lopez. The shopping cart issue has been visited many times. The way the law was
finally amended, cities can do nothing with an abandoned shopping cart for so many days which is
unacceptable. The City Attorney has also worked on the issue.
City Attorney White. The thrust of the bill to amend AB317 was to allow the City to immediately impound
shopping carts instead of waiting three days where the carts have an indentifying tag naming the store
and where to return the cart. The bill did not make it out of committee this year. It turned into a two-year
bill and will be reconsidered next year. Some other things can be done with carts that do not have the
identification. They can and are, through a contract that has been approved, picking those carts up
immediately that are blocking or impeding emergency services whether or not thery have the identifying
tag. It is only the other carts that have the identifying tag that are not impeding emergency services that
have to be left for three days before anything can be done.
Extensive discussion and questions to staff then followed wherein Council Member Lopez and
subsequently Council Member Zemel offered some recommendations/suggestions to mitigate the
problem. Along with input from staff, Council Members elaborated on their concerns and possible
courses of action from requiring businesses to install wheel-locking devices on carts as suggested by
Council Member Lopez to a recommendation by Council Member Zemel instituting a pilot project, a warn
and inform process by Police and Code Enforcement to people who take carts off the property. The
latter recommendation included the distribution of a bilingual informational handout that would explain
the law regarding shopping carts and also information on where people could buy their own cart. Council
Member Zemel also emphasized the fact that he believes it is a cultural issue as well.
Mayor Daly. He suggested perhaps a report back from staff regarding the recommendations made.
Staff may like to comment tonight.
John Poole, Code Enforcement Manager. He believes the ideas presented have merit but as with many
of the concers they deal with, it takes a multi-faceted approach. He, too, feels there are cultural reasons
causing the problem. Further, as they look more at the industry, they find that the California Shopping
Cart Retrieval Service which is a non-profit arm of the State Grocer's Association, contracts with
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ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 17, 1997
individuals to go out and retrieve the carts for member stores. The service is only as good as the
subcontractors they get. Staff is also trying to meet with the corporate executives of any chain that will
meet with them to get them to change the industry practice. There is a lot the industry could do with
minor changes if staff could get someone in the decision-making corporate level to sit down with them.
Mayor Daly interjected and emphasized if Mr. Poole needs help in that regard, he should let the Council
know because it should not be up to him to arrange meetings with CEO's; Mr. Poole. He answered that
is what they would like to do and are presently drafting a letter for the Mayor's signature as they did with
the State Grocer's Association in asking for their cooperation.
Mr. Bob Ball, 1532 Laster Street, Anaheim. He first explained that the Ralph's Stores in Anaheim were
distributing a flyer in English and Spanish relative to the fact that it is against the law to remove carts
from the premises. He suggested that perhaps the next step could be taken to have the Police and/or
Code Enforcement cite offenders. In his presentation, he stated he believes that the Grocer's
Association is dragging its feet and giving staff a run-around and explained his reasons. In concluding
his presentation, Mr. Ball gave his four recommendations to resolve the problem: 1) step up the
enforcement of theft (of shopping carts), 2) take legislative action to "repair" AB317, 3) step up the
pressure on the grocers and their association to solve the problem in a timely fashion, 4) consider
working out a unified solution with other Orange County cities.
Larry Kamato, 220 N. Glassell, Orange (about two blocks away from Anaheim). He suggested that
perhaps what the City Council should consider doing is making Anaheim a more friendly City to the
business community and pay for the shopping cart pickup rather than imposing fines. Look at the cost of
enforcement and then the cost of taking care of the problem.
Council Member McCracken. John Poole has been working with some of the local grocers to look at
customer service angles. It needs to be a combined effort and not just enforcement. She feels that
whatever is done, it has to be reasonable to the grocers. Some of the ideas she brought back from the
East -- one grocer was losing 300 carts a week. As a solution, he hired high-school students to load
groceries for customers. By putting a combination of things together and selling the grocers on the fact
that it is economically beneficial for the carts not to leave the property, they will see a benefit.
Council Member Lopez. He emphaisized that something has to be done and if the legislators do not
amend the law, they have to find a way to bring about a solution themselves.
Mayor Daly. The Council will be hearing more from City staff on the proposed solutions to the problem.
They need to use all available resources to bring all the right people together to resolve the problem.
C2. 105 CONSIDERATION OF TERM LIMITS FOR BOARD AND COMMISSION MEMBERS:
Discussion requested by Council Member Zemel at the meeting of June 10, 1997 to again
consider term limits for Board and Commission Members.
As he indicated last week, he said he might not be ready to address the matter at this meeting. Two out-
of-town trips have prevented him from being totally ready to discuss the issue again. He would like to
continue the matter for one more week and address it at that time.
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ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 17, 1997
City Clerk, Leonora Sohl. She will schedule it for July 8, 1997. She has all the information that is
requisite and the packet she usually gives to the Council on the appointments and will be giving those to
the Council tomorrow. She had planned to place the annual appointments/reappointments to the City's
Boards and Commissions on the July $, 1997 agenda. She asked if the Council would rather she hold
those for another week beyond July 8; Mayor Daly. He feels the appointments/reappointments should
stand as agenda items for the July 8, 1997 meeting.
(Note: Later in the week, Council Member Zemel determined that he did not wish to discuss/consider
terms limits for Boards and Commissions for the meeting of July 8 and asked that the item be removed
from the agenda permanently, at least at this time.)
C3. 112: REPORT ON CLOSED SESSION ACTIONS:
City Attorney Jack White Stated that there are no actions to report.
C4. 114 COUNCIL COMMENTS:
Council Member Zemel. He wanted to update the Council on the status of the INS Officer in the City's
jail. He then briefed the Council on what transpired on his trip to Washington, D.C. this week (at his own
expense). What he learned was quite disturbing. Not only is Anaheim down to one INS Agent (formerly
two) in the City jail, but also for only a couple of hours a day even though the program has been "wildly"
successful. Secondly, among the illegal aliens that are being arrested at this point in time, many are
being missed because there is no coverage by the Federal government. Most disturbing is that the GAO
Audit that was ordered has not been started and they do not know when it will be started. The extension
of the program was limited to 90 days in order to provide for that audit which he has full confidence the
City will pass with flying colors. It is a reasonable way of collecting illegal aliens and the kind that they
would want to remove, i.e., repeat offenders. A deadline is approaching at the end of the month when
the program expires and they do not have an extension. He will be working hard on that. The County of
Ventura who had the sister project, when they brought the idea to Congressman Gallegly, he said he did
not want to go forward with it unless he could get it for his County as well. Now, Congressman Gallegly's
portion of the program has been continued indefinitely by the INS and Anaheim's has not been
continued. This is a dramatic turn of events. He is going to call a Liaison Committee meeting as soon
as possible. There is only a short time or they will lose the INS Officer. The explanation is that it is a
manpower issue whicy they find irresponsible and inaccurate.
Discussion then followed between Council Members Zemel and Lopez as to the possible reasons why the
program may be eliminated from the City jail; Council Member Zemel stated he will continue to work on
this important issue for the City.
Council Member Tait. He reported that the program in six months resulted in 650 criminal illegal aliens
removed from the streets of Anaheim just from this small program. They should do everything possible
to see that it is not stopped and he lends his support to that goal.
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ADJOURNMENT: By general Council consent, the City Council Meeting of June 17, 1997 was
adjourned. 8:40 P.M.) (No Council Meetings are scheduled for June 24 and July 1, 1997).
LEONORA N. SOHL
CITY CLERK
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