1994/02/08City Hall, ~Beim, California - COUNCIL MINUTES - F~_~UARY 8, 1994 - 5:00 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
TRAFFIC AND TRANSPORTATION MANAGER: John Lower
ZONING DIVISION MANAGER: Greg Hastings
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:15 p.m. on February 4, 1994 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Daly called the meeting to order at 3:00 p.m.
REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items:
a. To confer with its Attorney regarding pending litigation
pursuant to Government Code Section 54956.9(a) to wit:
Golden West Baseball Co. vs. City of Anaheim, Orange County
Superior Court Case No. 40-92-46; Anaheim Stadium Associates vs.
City of Anaheim, et al., Orange County Superior Court Case No.
44-81-74.
Purlinsky vs. City of Anaheim, Orange County Superior Court Case
No. 61-86- 30.
Catanzarite & Co. Inc. vs. City of Anaheim, et al, Orange County
Superior Court Case No. 72-35-17.
To meet with the City's Real Property Negotiator concerning the
lease of property known as the Juliette Low Elementary School
site from the Magnolia School District and the sublease of said
site to the Los Angeles Rams Football Company.
To meet with and give directions to its authorized representative
regarding labor relations matters - Government Code Section
54957.6.
d. To consider and take possible action upon personnel matters
pursuant to Government Code Section 54957.
e. To confer with its attorney regarding potential litigation
pursuant to Government Code Section 54956.9(b)(1).
To consider and take possible action upon such other matters
as are orally announced by the City Attorney, City Manager,
or City Council prior to such recess unless the motion to
recess indicates any of the matters will not be considered in
closed session.
By general consent, the Council recessed into Closed Session. (3:00 p.m.)
53
City Hall, Anaheimr California - COUNCIL MINUTES - FEBRUARY 8, 1994 - 5:00 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.
(5:21 p.m.).
INVOCATION: A moment of silence was observed in lieu of the invocation.
FLAG SALUTE: Council Member Frank Feldhaus led the assembly in the Pledge of
Allegiance to the Flag.
119: PRESENTATION - BLUE RIBBON COMMITTEE AWARD: Recognizing the City of
Anaheim's affordable housing program - recipient of the Blue Ribbon Community
Award from the State of California.
Mayor Daly and Council Members welcomed Mr. Timothy Coyle, Director,
California Department of Housing and Community Develolxaent, a member of
Governor Wilson's cabinet.
Mr. Coyle stated it was a great pleasure on behalf of Governor Wilson to
present this award. Building affordable housing is so difficult in the State
particularly in Southern California where there is a great need and
substantial obstacles. At the State level, they try to encourage affordable
housing statewide by a number of means but it does not happen until local
leaders and professional staff make it happen. What Anaheim has done deserves
recognition. They want to recognize the best and brightest leaders throughout
the State that show can-do attitudes and thus, Governor Wilson created the
Blue Ribbon Community Award. In the case of Anaheim, it is not a new-found
leadership but long-standing commitment. The State is proud and honored by
the City's good work. On behalf of Governor Wilson, he is present to say
thank you and congratulations.
The award was then presented to Lisa Stipkovich, Executive Director of
Community Development and Bertha Chavoya, Housing Manager, on behalf of the
City. The Mayor and Council Members, in turn, congratulated them on their
being honored with this most prestigious award.
Before Mr. Coyle left, Mayor Daly stated since it was such a rare opportunity
to have a member of the Governor's cabinet present and in view of the recent
occurrences, he asked Mr. Coyle to give a brief summary relative to the
Northridge earthquake and what his department is doing to alleviate the
housing problem as well as g£ving an update on the status of the efforts being
made in the wake of the disaster.
Mr. Coyle then gave a brief presentation relaying his first-hand experience
since he has been at 'ground zero" for the past three weeks. He elaborated on
the cooperative effort among different levels of Government that has taken
place which has been a true success story along with the commitment and
anticipated support of the private sector. He emphasized, however, that the
most outstanding aspect is the resiliency and tenacity of Californians despite
the disruption that has taken place.
119= PROCLAMATION: The following proclamation was issued by Mayor Daly and
authorized by the City Council~
Recognizing February, 1994, as National History month
Suzanne Shah accepted the proclamation.
119~ THE FOLLOWING WERE RECOGNITIONS AUTHORIZED BY THE CITY COUNCIL THIS DATE
TO BE MAILED OR PRESENTED AT ANOTHER TIME:
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City Hall, Anaheim~ California = COUNCIL MII~JTE$ - FEBRUARY 8, 1994 - 5:00 P.M~
Recognizing April 23-24, 1994 as
Anaheim City Golf Championship Tournament Days
Recognizing the contributions of August F. "Gus" Lenain.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $6,143,782.40 for the
period ending February 4, 1994, in accordance with the 1993-94 Budget, were
approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency, Housing Authority and Public Improvement Corporation meetings.
($=40 p.m.)
Mayor Daly reconvened the City Council meeting. (5=44 p.m.)
ITEMS OF PUBLIC INTEREST~
Dr. Howard Garber. He is an Anaheim resident of 33 years and an interested
citizen in dealing with the general subject of escalating violence in Orange
County, the State and the Nation. He referred to the material he submitted
earlier (see materials submitted under fax of February 8, 1994 which covered
issues of crime, gangs, vand~,iism, illegal immigration, etc., including
newspaper articles). Two years ago, he pointed out to Code Enforcement that
illegal aliens were occupying garages in the area and nothing was being done.
Drugs are rampant in the alley ways between Rose and Bush Streets along with
shootings. He has owned property in the area for 32 years and much has
changed during that time. There is graffiti and he has been targeted
personally~ however, that is minor compared to the shootings and the drugs.
Two weeks from now, a coalition will be present. Previously, he introduced
the idea of the Council considering S.O.S. - Save Our State (see documents
submitted entitled S.O.S., March, 1993), an immigration control initiative
intended to accomplish certain goals, one being law enforcement cooperation
requiring identification and reporting of any illegal aliens identified by the
agencies listed. He then further elaborated on some of his concerns.
Mayor Daly interjected and asked that Mr. Gather clarify his request to the
Council.
Dr. Garber answered, that they acknowledge his last statement that illegal
aliens do not have constitutional rights contrary to a statement by a very
imDortant City official who Said they had, that they focus in on the East
Anaheim barrio just as they did with the Jeffrey Lynne Area, and that the City
get actively involved in supporting the S.O.S. initiative. They will be back
in two weeks.
David Kendrick, 1800 W. Glencrest, Anaheim. He manages apartments on
Glencrest. There had been three murders there in the last 1~ years. He has
with him a criminal subDoena. He made the mistake of assisting the Police in
the arrest of two heroin dealers in the front of his apartment. He received a
subpoena to appear in court and point the finger personally at the heroin
dealers who are still operating out of apartment $4 in his complex. He has
three boys and does not want to submit them to retaliation. He then relayed
what occurred when he called the City Attorney's Office to ask if they were
illegal aliens and was questioned as to what difference that would make. When
he called the I.N.S (Immigration & Naturalization Service), they said it would
make a big difference to them. There are a lot of citizens who want to stop
City Hal~ Anaheim~ Cal£fornia - COUNCIL MZ~S - FEBRUARY 8~ 1994 - 5:00 P.M.
illegal immigration and the crimes that go with it. Ultimately, .9 did not
have to go to court because the suspects plead guilty.
Mayor Daly then questioned Mr. Kendrick relative to his contact with the City
Attorney's Office and if he had an opportunity to meet with the City Attorney
on the matter. He subsequently deferred to the City Attorney.
City Attorney White. If Mr. Kendrick would like, he would be happy to
facilitate a meeting with his office if he would leave his name and phone
number. He felt there was a certain irony with Dr. Garber talking about
constitutional rights and subsequently Mr. Kendrick saying he did not want to
get involved. He (White) feels there are civic responsibilities involved as
well. If his staff believed the only way to prosecute a drug crime, whether
against a defendant who is an illegal alien, lawful resident or a citizen of
the country was to obtain the testimony of a witness, that is undoubtedly why
Mr. Kendrick was subpoenaed into court. Fortunately they were able to resolve
the matter by a guilty plea without going to trial. The public needs to
understand that the Police Department, City Attorney's Office or the District
Attorney, without the public's cooperation cannot do their job either.
Mayor Daly. He stated to Mr. Kendrick that the invitation to meet with the
City Attorney is a standing offer.
PUBLIC COMMENTS - AGENDA ITEMS= Public input received on Item 3 (see
discussions under that item).
MOTION= Council Member Pickler moved to waive reading in full of all
ordinances and resolutions to be acted upon for the Council meeting of
February 8, 1994. Council Member Daly seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR~ On motion by Council Member
Pickler, seconded by Council Member Daly, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar~ Council Member Pickler
offered Resolution Nos. 94R-12 through 94R-14, both inclusive, for adoption
and offered Ordinance No. 5418 for introduction. Refer to Resolution Book.
Al. 118= The following claims were filed against the City and action taken
as recommended:
Claims rejected and referred to Risk Management=
a. Claim submitted by Daniel Avila & Valerie Avila by and through their
Guardian Sandra Avila, c/o Christopher E. Russell, esq., for bodily injury
sustained purportedly due to actions of the City on or about May 27, 1993.
b. Claim submitted by Deborah Starkey for property damage sustained
purportedly due to actions of the City on or about October 15, 1993.
c. Claim submitted by Edith Beatrice Gillum for bodily injury sustained
purportedly due to actions of the City on or about July 14, 1993.
d. Claim submitted by Michael Roy Slater for property damage sustained
purportedly due to actions of the City on or about October 15, 1993.
e. Claim submitted by August Jack Rumps for property damage sustained
purportedly due to actions of the City on or about November 29, 1993.
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City Hall~ Anaheim~ California - COUNCIL MINUTE~ - FEBRUARY 8~ 1994 - 5~00 P.M.
f. Claim submitted by Jason Erick Allen & Kenneth Lee Allen, c/o Gregory
J. Augustine, esq., for indemnity sustained purportedly due to actions of
'the City on or about October 25, 1993.
g. Claim submitted by Dr. Richard S. Dow for property damage sustained
purportedly due to actions of the City on or about December 11, 1993.
h. Claim submitted by Gary & Kelly Walker for property damage sustained
purportedly due to actions of the City on or about January 1, 1994.
i. Claim submitted by Jo Anne Buxton, c/o Stanley J. Bell, esq., for
bodily injury sustained purportedly due to actions of the City on or about
June 19, 1993.
A2. 105= Receiving and filing minutes of the Anaheim Public Library Board
meeting held December 15, 1993.
140= Receiving and filing minutes of the Anaheim Public Library Monthly
Statistical Report for the month of November 1993.
105~ Receiving and filing minutes of the Anaheim Park and Recreation
Commission meeting held December 1, 1993.
173= Receiving and filing Resolution No. 94-2166 from the City of Villa Park
opposing Resolution No. 93-1396 of the Board of Supervisors of Orange County,
California, relating to the Marine Corps Air Station, E1 Toro, California.
178= Receiving and filing correspondence from Metropolitan Water District of
Southern California regarding Resolution 8428, a resolution of the Board of
Directors giving notice of intention to consider and act upon recommendation
to impose water standby charges.
A3. 108~ ORDINANCE NO. 5418 - INTRODUCT~ON~ Repealing Chapter 4.05 of
Title 4 of the Anaheim Municipal Code relating to bus benches.
Several people had asked to speak to this item as follows=
Shirley McCracken, 6553 Kelly Calls de Norte, Anaheim. As Vice Chairman of
the Anaheim Arts Council, she wants the Council to know that the Arts Council
has been exploring the types of bench programs in other communities and has
been discussing them with various City officials. They were unaware that the
bus bench program was going forward at this time. She is requesting that the
City Council and staff look at other ordinances in other communities such as
the award winning City of Brea program for bus benches which turns the City
into a gallery. Since there are no art galleries in Anaheim, thie would Be an
opportunity for artists in the con~unity, both children and adults. They
believe the involvement of the Arts Council in this issue, if the City is
re-writing the bus bench ordinance, to allow some exploration of how a public
art component might be included so that Anaheim could also have an award
winning image in regard to the bus benches in the community.
Michel Hector. (145 S. Westchester Drive - the Glen Forest Apartment
Community). She works for a property management company in Anaheim. They
have two large apartment buildings, one a major rehab project constructed for
the City of Anaheim Housing Authority which has been very successful. They
have been cleaning up neighborhoods and also have to do advertising. She is
in charge of that advertising. She has just recently signed a contract to do
some bus bench advertising in Anaheim near their communities. They are very
nicely designed and the graffiti is kept cleaned off. If the City takes away
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City Hall~ Anaheim~ California - COUNCIL MINUTES - FEBRUARY 8~ 1994 - 5~00 P.M.
their opportunity to advertise on those inexpensive bus benches, her
advertising budget is going to go up. She is trying to keep her rents at a
very low and affordable rate, even for those that are not on housing. This is
an avenue in which they can do that and still have their name out in the
public. They feel that the City has limited their City advertising so much in
other ways, they felt the bus benches were an opportunity to have nice, stable
advertising that would remain there for one year. They are proud of the
association they have had with the City in creating these cleaner
neighborhoods. She wanted to come tonight and let the Council know the
proposed action would be a deterrent especially to smaller businesses in the
City.
Lee Freeman, Attorney, 20700 Ventura Boulevard, Suite 205, Woodland Hills. He
represents Coast United Advertising and Norman Bench Advertising. Both
companies have bus benches in the City. Coast has been in the City since
before 1975 and presently has 460 benches. Norman has 26 benches that have
been in the City for a couple of years. He is requesting that any
consideration of this matter be postponed. They did not receive notice of
this agenda item. Norman received a call yesterday from someone in the City
who said this was going to be discussed at the Council meeting. Coast
received notice only by accident when a reporter contacted the office a couple
of days ago and said the item was going to be considered. There are many
reasons why both Coast and Norman would want an additional amount of time to
become familiar with the proposal and to perhaps submit a counter proposal and
have the opportunity to competitively bid a counter proposal. He feels it is
a very important factor and due process in itself would require at least some
notice to people who are directly involved. Bus bench advertising is one of
the only ways that small businesses can advertise in today's world. It costs
about one-tenth of the type found on bus shelters. The cost of advertising on
shelters would be prohibitive for local businesses. He reiterated they are
asking that any consideration of this item be postponed and that they be
allowed sufficient time to consider it, understand what it is, comment on it
or provide a counter proposal.
Mayor Daly. Relative to the proposed prohibition of advertising on bus
benches, one comment by the representative of the Arts Council was that any
future proposal include a public art component. He asked to hear from staff.
John Lower, Traffic and Transportation Manager. The proposed ordinance would
repeal the procedure by which bus benches are placed within the City
right-of-way. A separate future action would involve the bus shelters. The
bus shelter agreement is currently being negotiated and does provide for
public information announcements. He is certain they could expand that to
include public art displays. Before the Council tonight is the bus bench
ordinance. The procedure currently provides for an April 1, annual renewal of
those permits with $6.00 per bench paid to Business License. Currently, there
are 535 permitted benches in the City with a revenue of $1,457 paid in 1993.
The benches are proposed to be replaced with bus benches to be owned by the
City or replaced with additional bus shelters. Staff has finalized
negotiations with Gannett Transit for their exclusive five-year provisioning
of shelters. This agreement'will have them install 400 non-ad City of Anaheim
owned benches and increase the number of shelters over the existing limit of
120. Cleaning and repairing of City bus benches will also be provided as
needed.
Mayor Daly asked if the proposal this evening is preparatory to staff bringing
forward an expansion of the City's existing bus shelter program and that that
company add more bus shelters and then donate to the City's bus benches which
would not contain advertising.
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City ~all~ Anaheim~ California - COUNCIL ~TNUTE~ - FFRkUARY 8~ 1994 - 5:00 P.M.
Mr. Lower confirmed that was correct and that 400 benches would be provided.
Council Member Hunter. He would like the matter continued for a couple or
three weeks. It appears on face value that whoever has the contract for bus
shelters is trying to gain a monopoly on advertising and get rid of all bench
people that are advertising. They will donate 400 benches free of charge but,
in essence, will be eliminating those people who have the benches. He asked
if that will be 400 benches in addition to 535 or eliminating bench
advertising totally.
Mr. Lower stated the proposed ordinance would eliminate advertising on
benches.
Council Member Hunter. It is obvious that the company who owns the bus
shelters would like to donate the benches and thereby eliminate all bench
advertising. He does not know if constitutionally this is right or wrong.
They can do that in every City and create a monopoly. All the public is going
to see are Marlboro signs and Dewar Scotch labels on the shelters because
those are the people that can afford to advertise on shelters. It is local
businesses that can only afford bus bench advertising.
Mayor Daly. Reference was made to Brea's program promoting shelters as part
of a public art program. He asked what are the trends in the industry and
staff's perspective in terms of dealing with a variety of providers vs. one
citywide.
John Lower. They checked with several cities in Southern California to see
how they handled bus shelters and more common with recently negotiated
agreements is something they have built into their current negotiations and
that is to provide free advertising panel space for public service
announcements. They probably could get that expanded to have application for
insertions of posters or art.
Answering Council Member Hunter, Mr. Lower confirmed that there are now 535
bus benches in the City that are permitted. However, in 1990-91, a drive by
indicated there were close to 2,000 benches out on the street, some of which
are not at bus stops.
Council Member Hunter. His feeling is, the City can do both - if the bus
shelter company is going to donate 400 benches, why is it necessary to
eliminate the 535 benches that are currently permitted.
Mayor Daly. The ordinance is submitted for introduction tonight with a second
reading necessary for adoption. In the meantime, he would ask Mr. Lower to
return with a discussion as to what the impact will be on the existing bus
bench companies which have advertising, what the timing of the proposed
installation of the new benches is and if there is some way to phase the two
so that as Ms. Hector mentioned where she had signed a contract for
advertising - phase out the old and phase in the new so there is maximum
community benefit with a minimum of hardship to the existing bus bench
companies.
Council Member Feldhaus. It was reported that there are about 2,000 benches
with only 535 permitted. They do not know who owns the other 1,500 and in
order to have them removed, since they do not know who installed them, it
would be a tremendous task. It seems the City has been remiss in removing the
benches. He would also like a continuance so to receive additional
information on how many benches have been "pirated" into the City - whether
they have been placed strategically for people waiting for a bus or for
59
City Hall, Anahe~m~ California - COUNCIL MINUTES - FEBRUARY 8~ 1994 - 5~00 P.M.
advertising value. Instead of an overkill and removing all benches, they may
want to try to limit the benches to those that are legal and well maintained.
Mayor Daly. He asked that Mr. Lower provide more detail on the distinction
between the permitted benches that exist and the non-permitted including those
installed where there are no bus stops, all in the public right-of-way, in a
week's time.
John Lower. He could work with Business License to gather that information
but could not do a field survey in one week.
Mayor Daly. He asked for a preview of what staff is proposing take place with
the existing system. He surmises this is the first step towards establishing
a new program of additional shelters. He agrees that the arts concept should
be included. In other cities it has worked well particularly in the tourist
and redevelopment areas. As part of the report, he would like to have
information on how that could be accomplished as well.
City Manager Ruth. He recommends that the item be continued for three weeks
since one week will not give sufficient time. The ordinance could be
introduced tonight but not come back to the Council for three weeks.
Council Member Pickler. He notes in driving around the City that a lot of the
benches are just places for graffiti. He has no problem with the three week
continuance.
City Attorney White. The ordinance before the council is a revised version
that has an operative date of April 1, 1994 to allow 30 days after it is
adopted before it becomes effective. The Council would need to introduce the
ordinance tonight to have time for that 30 days to expire if they decided on
March 1, to adopt it on that date. If it is not introduced tonight, that
opportunity will be lost.
Council Member Hunter. He wants to be sure that when the item comes back,
they will have another opportunity to discuss it. He again expressed his
concern that the bus shelter company is offering to donate 400 benches but
only if the City will get rid of the legitimate bus benches thus hurting local
business people. He feels it is unfair. He reiterated that they should give
the 400 benches but leave the legitimate people who are advertising alone~
Mayor Daly. The Council will be getting a complete staff report to understand
more of what is being proposed and also what is being done in award winning
cities such as Brea.
The ordinance was offered for first reading along with the balance of the
Consent Calendar items.
ORDINANCE NO. 5418: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING CHAPTER
4.05 OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE RELATING TO BUS BENCHES.
This item was subsequently continued for three weeks to March 1, 1994 when the
ordinance will be on the agenda for adoption.
A4. 1752 Awarding the contract to the lowest responsible bidder, Pouk &
Steinle, in the amount of $284,100.18, for Underground District No. 7
(Electrical); and in the event said low bidder fails to comply with the terms
of the award, awarding the contract to the second low bidder, as well as
waiving any irregularities in the bids of both the low and second low bidders.
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C£tv Hall. Anaheim, Cal~forn£a - COUNCIL MINUTES - FEBRUARy 8, 1994 - 5200 P.M.
AS. 169= Awarding the contract to the lowest responsible bidder, Hood
Communications, Inc., in the amount of $244,949.70 for Brookhurst Street west
communications trunk closurel and in the event said low 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 low and second
Iow bidders.
A6. 123= Authorizing the execution of an agreement with GTE Customer
Networks, for an amount not-to-exceed $32,000 for the remainder of this year's
contract, and a not-to-exceed amount of $34,000 for the second year, beginning
April 15, 1994, for the telephone maintenance at Anaheim Stadium, in
accordance with Bid $5115.
AT. 1602 Accepting the low bid of J.H. Baxter & Company, in the amount of
$32,366.75 for seventy-five wood poles for the Utilities Department, in
accordance with Bid $5222.
A8. 160~ Accepting the bid of The Okonite Company, in an amount not-to-
exceed $45,582.60 for 4,000 feet of 750 KCMIL tree retardant 15 KV aluminum
cable, in accordance with Bid ~5226.
Ag. 161~ Authorizing Community Development staff to submit application to
the U.S. Department of Housing and Urban Development's newly funded Innovative
Homeless Initiatives Demonstration Program which provides funding awards of up
to $1,000,000 on a competitive basis to local organizationsl and authorizing
the Executive Director of the Community Development Department to execute all
subject Program documents, agreements, and certif£cations, if the City
receives a funding award.
Al0. 123= Approving a First Amendment of Purchase and Sale Agreement and
Escrow Instructions between the City of Anaheim and SGF, a California limited
partnership~ approving an Exclusive Negotiation Agreement between the City of
Anaheim and Mitsubishi Motors of America~ approving an Exclusive Negotiation
Agreement between the City of Anaheim and General Motors Corporationl and
authorizing the Executive Director of Community Development to execute said
agreements with regard to the Anaheim Auto Center.
City Manager Ruth stated that staff is requesting a one-week continuance of
this item.
At the conclusion of the Consent Calendar, this item was continued one week.
All. 106= Amending the FY 1993/94 Police Department Budget by increasing
revenue and expenditure appropriations by $232,908.
A12. 123~ RESOLUTION NO. 94R-12= A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM JOINING THE ORANGE COUNTY REGIONAL AIRPORT AUTHORITY.
A13. 137~ RESOLUTION NO. 94R-13= A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAIiEIM ORDERING JUDICIAL FORECLOSURE OF DELINQUENT TAXES PURSUANT TO
THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982, THAT THE TAX COLLECTOR BE
CREDITED WITH THOSE TAXES AND RETAINING SPECIAL COUNSEL.
123= Approving an Agreement with the Law Offices of Robert A. Owen as special
counsel.
A14. 158= RESOLUTION NO. 94R-14= A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTIES OR INTERESTS THEREIN.
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City Hall, Anaheim, California - COUNCIL NIICdTES - FEBRUARY 8, 1994 - 5:00 P.M.
A15. 123= To consider approving a Second Lease Extension with the Magnolia
Elementary School District extending the Lease Agreement dated January 1,
1979, relating to the Juliette Low School site to December 31, 2003, with an
additional five year option period.
123= To consider approving a Second Extension of Sublease with the Los
Angeles Rams Football Company extending the Lease Agreement dated November 21,
1978, relating to the Juliette Low Elementary School site to December 31,
2003, with an additional five year option period. (Continued from the meetings
of January 25, 1994, Item A23, and February 1, 1994, Item AS.)
City Manager Ruth stated that staff is requesting a one-week continuance of
this item.
At the conclusion of the Consent Calendar, this item was continued one week.
Al6. 114= Approving minutes of the City Council meeting of January 11, 1994.
Al7. 184= Reviewing the need for continuing the Proclamation of the
Existence of a Local Emergency issued by the Director of Emergency Services on
January 4, 1994~ concerning the Santiago Landslide and Pegasus Landslide in
the City of Anaheim; and taking no action to terminate the local emergency at
this time.
Ro~ C&XX Vote on Resolutio~ Nos. 94R-12 throuqh 94R-~4, both inclusive, for
adoption=
AYES=
NOES=
ABSENT=
COUNCIL MEMBERS=
COUNCIL MEMBERS=
COUNCIL MEMBERS=
Feldhaus, Simpson, Pickler, Hunter, Daly
None
None
The Mayor declared Resolution Nos. 94R-12 through 94R-14, both inclusive, duly
passed and adopted.
~ OF CONS~ ~,,AT-lC'lqDAR. MO~IONB ~,,ARRIED.
ITEM B1 FROM TH~ ZONING ADMINISTRATOR MEETING OF JANUARy 20r 1994=
DECISION DATE= JANUARY 26r 1994 INFORi4ATION ONLy - APPEAL PERIOD ENDS
FEBRUARY 10f 1994=
B1.
179= CONDITIONAL USE PERMIT NO. ~660 AND NEGATIVE DECLARATION=
OWNER= Kenneth E. Saruak,.424 Old Newport Boulevard, Newport Beach, CA
92663
AGENTs Mariana Hiroko Pollard, 2283 West Lincoln Avenue, Anaheim, CA
98201
LOCATION= 2283 West Lincoln Avenue. Property is approximately .041
acre, with frontage of approximately 80 feet on the north side of
Lincoln Avenue, having a maximum depth of approximately 80 feet on the
north side of Lincoln Avenue, having a maximum depth of approximately
226 feet and being located approximately 200 feet west of the centerline.
of Monterey Drive.
To permit a private college (Anaheim International College) with waiver
of minimum number of parking spaces.
ACTION TAKEN BY THE ZONING ADMINISTRATOR=
CUP NO. 3660 APPROVED (ZA Decision No. 94-02).
Approved Negative Declaration.
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City Hall. Anaheim. California - COU#CIL MINUTES - FEBRUARY 8, 1994 - 5500 P.M.
END OF THE SO#lNG ADMINISTRATOR
Chairman Daly reconvened the Anaheim Redevelopment Agency. (6:30 p.m.)
D1. 123s JOINT PUBLIC HEARING - REDEVELOPMENT AGENCY/CITY COUNCIL ON THE
FOURTH AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN
THE AN~ff~EIM REDEVELOPMENT AGENCY AND KOLL ANAHEIM CENTER ASSOCIATES. A
CALIFORNIA LIMITED PARTNERSHIP. WHICH SETS FORTH THE TERMS AND CONDITIONS OF
THE SALE OF CERTAIN REAL PROPERTY WITHIN REDEVELOPM~NT pROJECT AL~HA5
LOCATION/REQUEST~ The Alpha Redevelopment Project Area is roughly
bounded by Lincoln Avenue, Anaheim and Harbor Boulevards, Broadway, and
Oak Street. The request is to consider the approval of the Fourth
Amendment to the Disposition and Development Agreement with Koll Anaheim
Center Associates, which provides for revised terms and conditions for
the sale and development of certain real property.
PUBLIC NOTICE REOUIREMENTS MET BY=
Publication in Anaheim Bulletin - January 25 and February 1, 1994
Staff has recommended a continuance of the joint public hearing for one week
to February 15, 1994.
Chairman/Mayor Daly asked if anyone was present tonight to speak on the
matter~ there was no response.
MOTIONs Council Member Daly moved to continue the joint public hearing on the
Fourth Amendment to the Disposition and Development Agreement with Koll
Anaheim Center Associates for one week to February 15, 1994. Council Member
Simpson seconded the motion. MOTION CARRIED.
MOTION~ Agency Member Daly moved to continue the Joint Public Hearing on the
Fourth Amendment to the Disposition and Development Agreement with Koll
Anaheim Center Associatea for one week to February 15, 1994. Agency Member
Simpson seconded the motion. MOTION C~d~RIED.
ADJOURNMENTs By general Agency consensus the Redevelopment Agency meeting of
February 8, 1994 was adjourned. (6s31 p.m.)
D2. 1795 CONTINUED PUBLIC HEARING - WAIVER OF CODE HEQUIREMENT~ CONDITIONAL
USE PERMIT NO. 3623 AND NEGATIVE DECLARATION~
OWNERs Frank and Sarah Minissale, 111 South Mohler Drive, Anaheim, CA
92808.
LOCATION/REQUESTs The property is located at 111 South Mohler Drive and
is approximately 1.2 acres located at the southwest corner of Santa Ana
Canyon Road and Mohler Drive.
To permit a 94-bed convalescent facility with waiver of minimum number
of parking spaces.
ACTION TAKEN BY THE PLANNING COM~SS~ONs
CUP NO. 3623 GRANTED, IN PART, (subject facility shall be limited to a
maximum of eighty beds (PC93-99) (4 yes votes, 2 no votes, i absent).
Waiver of code requirement DENIED (6 yes votes, i absent).
Approved Negative Declaration (6 yes votes, i absent).
Informational item at the meeting of September 28, 1993, Item B2.
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City Hall, Anaheim, California - COUNCIL MINUTES - FEBRUARY 8, 1994 - 5:00 P.M.
HEARING SET ON: A letter of appeal of the Planning Commission's decision was
submitted by the owner, Frank Minissale and continued from the meeting of
November 2, 1993 to this date.
PUBLIC NOTICE REOUIREMENTS MET BY:
Publication in Anaheim Bulletin - October 21, 1993
Mailing to property owners within 300 feet - October 19, 1993
Posting of property - October 22, 1993
This item was discussed at and continued from the meetings of November 2 and
November 16, 1993 to this date. (See minutes of November 2 and November 16,
1993.}
City Attorney White. It is staff's recommendation that this matter be
continued to March 30, 1994 to receive a recommendation from the Planning
Commission which has advertised this item and is going to review a revised
plan at a public hearing to be held before the Planning Commission on March 7,
1994.
Council Member Feldhaus. He_asked why it took so long for this item to go
back to the Planning Commiss~Q~ and subsequently to the City Council. At the
public hearing on November l&~ the Council sent it back to the Planning
Commission for revised plans and it is now not going back to the Planning
Commission for a public hearing until March 7, 1994.
Greg Hastings, Zoning Division Manager. It took Mr. Minissale some time to
revise his plans and resubmit them. That, coupled with the publication and
notification requirements in order to inform the residents in the area,
accounts for the extended time frame.
Mayor Daly asked if anyone was present to speak to this matter; there was no
response.
MOTIONs Council Member Daly moved to continue the public hearing on the
subject Conditional Use Permit and Negative Declaration to March 30, 1994.
Council Member Simpson seconded the motion. MOTION CARRIED.
(It was subsequently noted that the public hearing date before the Council
would have to be revised to a Tuesday either on or before March 22, or on or
after April 12, 1994 since n° Council meetings are scheduled on March 29 and
April 5, 1994, the March 30th date not being a regularly scheduled Council
Meeting date.)
D3. 170~ CONTINUED PUBLIC HEARING - TENTATIVE PARCEL MAP NO, 91-164.
CATEGORICALLY EXEMPT. CLASS 15:
OWNERs R.H. Siegle, 919 East South Street, Anaheim, CA 92805
AGENT: DMC Engineering, 4840 Irvine Boulevard, Ste. 208, Irvine, CA
92720
LOCATION/REQUEST: The property is located at 919 East South Street and
is approximately 3.6 acres located at the northwest corner of South
Street and Rose Street. The request is for approval of a two-lot
subdivision.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Tentative Parcel Map No. 91-164 APPROVED (Decision No. ZA93-54).
HEARING SET ON: A review of the Zoning Administrator's decision was requested
by Council Members Pickler and Daly at the meeting of October 12, 1993 and
continued from the meetings of November 9 and November 16, 1993 to this date.
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City Hall~ Anahe~ California - COUNCIL MINUTES - FEBRUARY 8~ 1994 - 5:00 P.M.
See minutes of those meetings where discussion took place and extensive input
received.
PUBLIC NOTICE REOUIREMENTS METBY:
Publication in Anaheim Bulletin - October 28, 1993
Mailing to property owners within 300 feet - October 28, 1993
Posting of property - November 1, 1993
City Attorney White. The applicant in his letter of February 8, 1994 has
requested a continuance of the public hearing for 90-days which is
approximately May 10, 1994.
Mayor Daly asked if anyone was present to speak to the matter; there was no
response.
MOTION: Council Member Daly moved to continue the subject public hearing for
90-days to Tuesday, May 10, 1994 at the request of the applicant, R.H. Siegle.
Council Member Simpson seconded the motion. MOTION CARRIED.
C1. COUNCIL COMMENTS
114~ NO-SMOKING ORDINANCE [COUNTY MODEL~
Council Member Pickler. He asked when discussion on the subject might take
place~ City Attorney White. The procedure would be to agendize the matter for
a future Council meeting.
Council Member Pickler stated he would like to see it on the agenda in a
couple of weeks if that was agreeable~ City Attorney White confirmed for the
Mayor that it is necessary to have three Council Member's vote to place an
item on the agenda.
Mayor Daly. He has not finished reading all of the material provided to them
by the City Attorney but he is not inclined to support banning smoking
citywide at this time. He feels there should be more discussion before taking
any action.
City Attorney White. The subject can be placed on the agenda and after
discussion the Council could or could not direct preparation of an ordinance.
Mayor Daly. The proposal is 'aimed squarely at the business community. He
feels it might be more productive if they run the idea before the business
community first. He would like to know what the Chamber of Commerce and the
Visitor & Convention Bureau feel about the staff report that has been
prepared. Perhaps it could be sent out for their review and comments.
Council Member Pickler. That would be fine or if the Council wanted a
workshop that would be fine to. The business community could be invited to
give their co~nents. It is important for the health and welfare of the people
who are being affected by second-hand smoke. The County has taken steps, some
cities have taken steps and he believes the Federal Government as well. He
realizes there are provisions they may want to change but unless it is
discussed, nothing is going to happen. If there is no majority, nothing will
be done but they should look at the issue.
No further action was taken by the Council at this time.
114: FUTURE WORKSMOPS - NEIGHBORHOOD POLICING STRATEGIES AND SANTA ANA CANYON
ROAD ENHANCEMENT PROJECT:
Mayor Daly asked the status of upcoming workshops.
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City Rall~ &n&heim~ C&~ifornia - COUNCIL MINUTES - FEBRUARY 8f 1994 - 5500 P.M.
City Manager Ruth. The workshop with the Police Chief is not scheduled for
next week but the next Council meeting after that (March 1, 1994).
Mayor Daly. Relative to the Santa Ana Canyon Road enhancement project, there
will be an upcoming workshop as well~ City Manager Ruth. The City Clerk has
said that project is scheduled for the March 15, 1994 Council Agenda.
It was confirmed that the workshop scheduled for the two items would be as
follows=
March 1, 1994 - 3:00 p.m. - Neighborhood Policing Strategies
March 15, 1994 - 3500 p.m. - Santa Aha Canyon Road Enhancement Project
The enhancement project is also scheduled for the 5=00 p.m. Council Agenda
that date. The matter was discussed at and continued from the meeting of
January 25, 1994 to March 15, 1994 (Item A3). See minutes that date.
ADJOURNMENT: By general Council consent, the Council meeting of February 8,
1994 was adjourned. (6:36 p.m.)
L~-ONOI~ N. 8OI'~ CI'I~' CLERK
66