1993/03/23City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 23, 1993 - 5:00 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Feldhaus, Nunter, Pickler, Simpson, Daly
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
CONVENTION CENTER GENERAL MANAGER: Lynn Thompson
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich
POLICE CHIEF: Joseph Molloy
CODE ENFORCEMENT MANAGER: John Poole
PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT: Chris Jarvi
TRAFFIC AND TRANSPORTATION MANAGER: John Lower
ZONING ADMINISTRATOR: Annika Santalahti
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 2:25 p.m. on March 19, 1993 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.
be
To meet with and give directions to its authorized
representative regarding labor relations matters - Government
Code Section 54957.6.
c. To consider and take possible action upon personnel matters
pursuant to Government Code Section 54957.
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. (3:02 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.
(5:08 p.m.).
INVOCATION: Dr. Jarrell Garsee, Anaheim First Nazarene Church, gave the
invocation.
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City Hall, Anaheim, California - COUNCIL MIN%~fES - MARCH 23, 1993 - 5:00 P.M.
FLAG SALUTE: Council Member Bob Simpson led the assembly in the Pledge of
Allegiance to the Flag.
119: PROCLAMATION: The following proclamation was issued by Mayor Daly and
authorized by the City Council:
Anaheim Family YMCA Week, April 4-10, 1993
The proclamation was accepted by Me1 Miller, Todd Ament and Clara Ishii.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $6,396,349.89 for the
period ending March 19, 1993, in accordance with the 1992-93 Budget, were
approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (5:10 p.m.)
Mayor Daly reconvened the City Council meeting. (5:17 p.m.)
ITEMS OF PUBLIC INTEREST:
Mr. Jack Passarello. He runs the Blue Bell Nursery on Orange Avenue. He was
present last year (1992) to talk about water rate problems, but was unable to
be present this year when they were discussed. He is concerned with the
two-tier system for single-family homeowners. He bought a home on one-half
acre of property and started a nursery 35 years ago. He has been licensed
with the City that long. There are still little pieces of property left from
the old days on which people are still making a living from growing oranges
and avocados and also Christmas tree growers. What is "crazy", they are still
hooked up to individual single-family water meters. They are not water
wasters but water users. They are on single-family water meters on a two-tier
system where they are given only 37 units of water per month. Any usage above
37 units is 15 to 16% punishment. According to Mike Bell of Utilities, 10% of
all the single-family water metered homes will be paying some portion of that
15%. They will not be able to get along with 37 units. He uses 400 units of
water every two months. He does not want special consideration. His concern
is with the two-tier system. If the system is meant to raise more money that
is one thing. If it is to conserve water, that is another. If it is to
punish those 10% that is another point. He does not think any one of the
points is valid. He implored the Council to urge the Water Department to drop
the two-tier system.
Mayor Daly. That system is under study right now and the Council will be
getting a recommendation from staff.
Jack Passarello. He clarified for the Mayor that he is not allowed to have an
agricultural rate. He is a homeowner and has a residential meter. He is not
allowed to have a commercial rate because he is not in a.commercial area. He
is registered as a farm. The City will not allow him to have agricultural
rates because the City requires him to have a minimum of 5 acres to have those
rates. He is a wholesale nursery. There are approximately 5,000 of them.
Mayor Daly. They have asked staff to evaluate the system and submit a report
to the Council with some changes; City Manager Ruth. He will convey the
information to the Public Utilities General Manager.
Phil Knypstra, 2520 Gelid, Anaheim. On the two-tier system, he would like to
put it in perspective. If they use 748 gallons more water, that two-tier
system will cost a little more than 5 cents more. Seven hundred forty-eight
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City Hall, Anaheim~ California - COUNCIL MINUTES - MARCH 23, 1993 - 5=00 P.M.
(748) gallons for 5 cents is pretty reasonable particularly when compared to
other cities. He supports the two tier system because it still does not
penalize the people that much. It is a modest proposal.
PUBLIC COMMENTS - AGENDA ITEMS:
Mr. Phil Knypstra spoke to Item A22 and Mrs. Sheri LaRoche spoke to Item B2
(see discussion under those items).
MOTION: Council Member Simpson moved to waive reading in full of all
ordinances and resolutions to be acted upon for the Council meeting of
March 23, 1993. Council Member Daly seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member
Hunter, seconded by Council Member Simpson, 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
Hunter offered Resolution Nos. 93R-50 and 93R-51 for adoption and offered
Ordinance No. 5360 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 National Alarm Computer Center, c/o David R.
Cooksey, for indemnity sustained purportedly due to actions of the City on
or about October 19, 1992.
b. Claim submitted by Sandy & Chuck Ketzel for property damage sustained
purportedly due to actions of the City on or about January 10, 1993.
c. Claim submitted by Susan Roope for property damage sustained
purportedly due to actions of the City on or about December 7, 1992.
d. Claim submitted by Abel Alvarado, c/o William E. Parker, for bodily
injury sustained purportedly due to actions of the City on or about
September 10, 1992.
e. Claim submitted by Ralph Braverman for property damage sustained
purportedly due to actions of the City on or about February 14, 1993.
f. Claim submitted by Lucinda Murphy, c/o James W. Brott, for property
damage and bodily injury sustained purportedly due to actions of the City
on or about January 25, 1993.
g. Claim submitted by Lela Mae Knoles for property damage sustained
purportedly due to actions of the City on or about November 3, 1992.
h. Claim submitted by William E. Powell for property damage sustained
purportedly due to actions of the City on or about December 19, 1992.
i. Claim submitted by Susan VanHoose for property damage sustained
purportedly due to actions of the City on or about January 12, 1993.
j. Claim submitted by William W. Shedd for property damage sustained
purportedly due to actions of the City on or about November 25, 1992.
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k. Claim submitted by Helen Pate for property damage sustained
purportedly due to actions of the City on or about November 3, 1992.
1. Claim submitted by Annette C. Hensler for property damage sustained
purportedly due to actions of the City on or about January 16, 1993.
m. Claim submitted by Jax Market for property damage sustained
purportedly due to actions of the City on or about December 8, 1992.
n. Claim submitted by Vincent J. Gatterdam for property damage sustained
purportedly due to actions of the City on or about December 26, 1992.
o. Claim submitted by Packer's Cold Storage, Inc., for property damage
sustained purportedly due to actions of the City on or about January 16
and January 19, 1993.
A2. 156: Receiving and filing the Anaheim Police Department Crime and
Clearance Analysis Report for the month of February, 1993.
105: Receiving and filing minutes of the Senior Citizens Commission meeting
held February 11, 1993.
105: Receiving and filing minutes of the Community Services Board meeting
held February 11, 1993.
117: Receiving and filing a Summary of Investment Transactions for the month
of February, 1993, as submitted by the City Treasurer.
Council Member Feldhaus. He hopes the entire Council continues to follow the
steadily increasing statistics of the Crime and Clearance Analysis Report and
will continue to use its influence and initiatives to seek solutions to the
criminal activities in the City.
Under the Community Services Board meeting minutes of February 11, 1993, he
was not aware of the proposed combination of community services and recreation
and an overview of how that might be accomplished. He would appreciate
knowing more about those things before he is asked questions about them.
A3. 169: Awarding the contract to the lowest responsible bidder, Sully
Miller Contracting Company, in the amount of $468,658.52 for Haster Street
Improvement, Katella Avenue to South City Limit, 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 bide of
both the low and second iow bidders.
A4. 175: Awarding the contract to the lowest responsible bidder, Noriega
Pipeline in the amount of $34,281 for access road 8" water main, 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 Iow and second low bidders.
AS. 169: Approving Contract Change Order No. 1, in the amount of $40,000.00,
in favor of R.J. Noble Company, for additional work consisting of slope
restoration and associated street reconstruction at La Palma Avenue from Blue
Gum to west of the Orange Freeway.
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City Hallr A-Aheim, California - COUNCIL MINUTES - MARCH 23, 1993 - 5:00 P.M.
A6. 175: Approving the Notice of Completion of Underground District No. I -
Substructure by A & L Construction Company, and authorizing the Mayor to sign
and the City Clerk to file said Notice of Completion.
A7. 170: Approving the Final Map of Tract No. 13540 and the Subdivision
Agreement with Kaufman and Broad - South Coast, Inc., and authorizing the
Mayor and City Clerk to execute said Agreement. Tract 13540 is located at The
Summit of Anaheim Hills on Cascade Lane, Blue Canyon Court and Night Star Way.
A8. 175: Approving the Notice of Completion of the Lemon Street 12" Water
Main by George Jugovic Construction, and authorizing the Mayor to sign and the
City Clerk to file said Notice of Completion.
A9. 123: Approving District Agreement No. 12-203; State of California/City
Agreement for design services at Gene Autry Way/Lewis Street at I-5 and
authorize the Mayor and City Clerk to execute District Agreement No. 12-203.
Al0. 155: Approving a Negative Declaration of Environmental Impact for
Traffic Systems Management State Route 91/La Palma Corridor Motorist
Information System in compliance with CEQA guidelines.
Ail. 160: Accepting the bid of Great Pacific Equipment, Inc., in the amount
of $44,592.00 for one 15,000 lbs. GVW truck with a 36' aerial device, in
accordance with Bid $5153.
Al2. 160: Accepting the bid of Cooper Power Systems, in the amount of
$26,802.00 for one 12.47 KV open-rack capacitor bank for Dowling Substation,
in accordance with Bid $5118.
Al3. 160: Accepting the bid of Computer Bay, in the amount of $19,065.00 for
computers and hardware equipment, in accordance with Bid $5128 for the
Utilities Service Center.
Al4. 160: Accepting the bid of General Electric Company, in the amount of
$18,825.00 for seventy-five shunt cap' tors, in accordance with Bid $5127.
Al5. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent
to issue a purchase order without competitive bidding or advertising to
Fixtures Furniture, in the amount of $96,000.00 for 1500 stacking chairs at
the Convention Center.
Council Member Feldhaus. He is concerned that they are spending $96,000 for
1500 stacking chairs. According to the staff report of March 11, 1993 from
the Purchasing Agent, the purchase is necessary to replace lost, stolen or
damaged units. He would like to know how many are lost and stolen and why and
what they are doing to prevent lost and stolen chairs from the Convention
Center.
Lynn Thompson, General Manager of the Convention Center. The language used in
the staff report is probably misleading. The chairs actually missing due to
either breakage or disappearance or lost are no more than 50 a year. The 1500
chairs are for the Betterment IV project and also a part of the program
designed to replace all of the older plastic chairs that they have gotten rid
of but not replaced. Because the facility is as busy as it is and the chairs
are in constant use, it is difficult to have an accurate inventory at any
given time. They do an inventory twice a year. They have no idea if chairs
are stolen or taken out of service. The number is small and they do not have
a system in place for tracking.
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Council Member Feldhaus. He would like to see some sort of tracking
mechanism. Spending $96,000 is an important number or $64 a chair. It would
be advantageous and prudent to have a tracking system to know where the chairs
are disappearing to.
Al6. 123: Waiving Council Policy 306, and authorizing the execution of a
contract to Filenet Corporation for the period April 1, 1993 through March 31,
1994, in an amount not to exceed $136,764.00, for annual maintenance costs for
the Filenet Management System at the Police Department.
Council Member Feldhaus. He declared a conflict of interest on this item and
thus will abstain from voting. He does business with the company involved.
At the end of the Consent Calendar, Council Member Feldhaus abstained from
voting on this item.
Al7. 160= Accepting the low bid, and authorizing the execution of a five
year Agreement with the option to renew for an additional two years, with
Elite Services, Inc., in the amount of $514,331.56 for the first year
beginning April 1, 1993 for custodial services in accordance with Bid #5116.
Al8. 128: Receiving and filing the Monthly Financial Analysis presented by
the Director of Finance for five months ended November 30, 1992.
Al9. 127: ORDINANCE NO. 5360 - INTRODUCTION: AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING ORDINANCE NO. 5350 RELATING TO CAMPAIGN REFORM, NUNC PRO TUNC
(RENUMBERING CHAPTER 1.03 AMC AS 1.09 AMC).
A20. 123: Approving an agreement with Superior Ambulance, Inc., for the
provision of standby ambulance service at Anaheim Stadium at a cost of $33 per
hour.
A21. 185: Determining on the basis of the evidence submitted by Tom Griffith
of RAR Anaheim Partners, L.P., that the property owner has complied in good
faith with the terms and conditions of Development Agreement No. 90-02 for the
1992-93 review period. (Central Park Towers)
A22. 153: RESOLUTION NO. 93R-50: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE ANAHEIM
FIREFIGHTERS ASSOCIATION, AND THE CITY OF ANAHEIM. (New MOU between Anaheim
Firefighters Association and City from January 1, 1993 through December 30,
1993.)
Phil Knypstra, 2520 Gelid-, Anaheim. Relative to the Memorandum of
Understanding (MOU) for Fire, he notices there is going to be a modest
increase in how they calculate funding for retiree medical insurance. He is
not opposed to medical insurance for retirees, but how much and how it is
funded is important to him. Is it funded out of current tax revenues or is it
fully funded as is now required in the private sector. If not fully funded,
it will create a financial crises in the future and also adversely affect
current and future employees of the City.
Later in the meeting, City Manager Ruth explained that the staff report
indicates that the slight incremental increase in cost would be offset by
savings from the paid leave buy-back plan. There is no additional cost to the
General Fund. That is part of the Memorandum of Understanding. They also got
a significant benefit by extending the contract for one year without a pay
increase.
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City Hall, ~-~heim, California - COUNCIL MINUTES - MARCH 23, 1993 - 5:00 P.M.
City Manager Ruth. Answering Mayor Daly, the City of Anaheim is further ahead
than any other city in California in terms of funding their liabilities with
regard to employee benefits. There are a variety of funds involved and
currently most are funded at the 50% level. The 50% funding level means that
future liabilities for current employees are funded.
Mr. Ruth also explained that there are several funds within the General
Benefits Fund done on an acturial basis based on the experience in Anaheim.
He would say they are funded at least 5 years into the future and perhaps
more. As a result of the budget crisis, people retire sooner than expected.
They keep monitoring that as well.
A23. 123: Finding that the Westchester Square Rehabilitation Project is
categorically exempt under the California Environmental Quality Act; approving
the Rental Rehabilitation Loan Agreement with the Kallins Family Trust; and
authorizing the Community Development Director to take such actions and
execute such documents as are necessary for the implementation thereof.
A24. 114: Approving minutes of the City Council meeting held February 2,
1993.
A25. 184: Reviewing the need for continuing the Proclamation of the
Existence of a Local Emergency issued by the Director of Emergency Services on
January 19, 1993, and ratified by the City Council on January 26, 1993,
concerning the Santiago Landslide and Pegasus Landslide in the City of
Anaheim; and taking no action to terminate the local emergency at this time.
Receiving and filing report dated March 23, 1993 (W.O. 165110.69) from
Eberhart & Stone - "Update for Implementation of Emergency Measures, Santiago
Landslide Area, Anaheim Hills, California".
A26. 123: Approving a Cooperative Agreement with Caltrans (District
Agreement No. 12-180); State of California/City Agreement for design
services/improvements to State highways within the City of Anaheim at
Orangewood Avenue and I-5.
A27. 123: Granting a 90-day extension to the 1988 contract with ARA Leisure
Services which provides for food service at the Anaheim Convention Center.
City Attorney White. He is suggesting a slight modification to the wording on
this item which would be improving an extension of the 1988 concession
agreement with ARA Leisure Services for a period not-to-exceed 90 days
commencing April 1, 1993 with the extension to expire upon any earlier
execution of a new concession agreement.
A28. 137/123: RESOLUTION NO. 93R-51: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM PROVIDING FOR THE BORROWING OF FUNDS FOR FISCAL YEAR
1992/1993 AND THE ISSUANCE AND SALE OF 1993 TAXABLE NOTES THEREFOR.
(Authorizing the sale of the notes to Rauscher, Pierce, Refsnes, Inc.; and
approving the terms and conditions of an Agreement employing Jones Hall Hill &
White, as Bond counsel, and employing Smith Barney Harris Upham & Co., Inc.,
as financial advisor regarding the sale of this taxable note issue (1993 Tax
Revenue Anticipation Notes (TRANS) - $60 million).
A29. 184: Awarding a contract to Crosby Mead Benton & Associates, in a not
to exceed amount of $75,000 and authorizing the City Manager to sign, for
design of permanent drains and power systems for de-watering facilities in
East Anaheim Hills Emergency Area.
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City Hall, ~-aheim, California - COUNCIL MINUTES - MARCH 23, 1993 - 5:00 P.M.
Roll Call Vote on Resolution Nos. 93R-50 and 93R-51 for adoption~
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Hunter, Pickler, Simpson, Daly
None
None
The Mayor declared Resolution Nos. 93R-50 and 93R-51 duly passed and adopted.
END OF CONSENT CALENDAr. MOTIONS CARRIED.
ITEM B1 FROM THE ZONING ADMINISTRATOR MEETING OF MARCH 4, 19935
DECISION DATEs MARCH 11, 1993 INFORMATION ONLY - APPEAL PERIOD ENDS MARCH 26,
19935
B1.
179: VARIANCE NO. 4220 AND NEGATIVE DECLARATION:
OWNER: McDonnel Douglas, 340 Golden Shore, Long Beach, CA. 90802
AGENT: Ware & Malco~b Architects, 18002 Cowan, Irvine, CA. 92714
LOCATION: 408 South Beach Boulevard. Property is approximately 2.2
acres, with frontage of approximately 330 feet on the east side of Beach
Boulevard, having a maximum depth of approximately 240 feet and being
located approximately 675 feet north of the centerline of Orange Avenue.
Waiver of minimum number of parking spaces (199 spaces required; 177
spaces existing). To establish a 33,172 square-foot medical office
building (formerly a professional and medical office building).
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4220 APPROVED (Decision No. ZA93-19).
Approved Negative Declaration.
END OF THE ZONING ADMINISTRATOR ITEMS.
ITEMS B2 - B3 FROM THE PLANNING COMMISSION MEETING OF MARCH 8r 1993
INFORMATION ONLY - APPEAL PERIOD ENDS MARCH 30, 19932
B2. 179: CONDITIONAL USE PERMIT NO. 3590 AND NEGATIVE DECLARATION:
OWNER: Tokiko Nakamura, 8430 Pebble Beach Court, Buena Park, CA
90621
AGENT: Elliott Wainer, 13234 East Palm Place, Cerritos, CA 90701
LOCATION: 2625 West Lincoln Avenue. Property is approximately .85
acres located on the north side of Lincoln Avenue and approximately 395
feet west of the centerline of Magnolia Avenue.
To permit a pawn shop.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP No. 3590 GRANTED, hours of operation to be Monday through Friday
9 a.m. to 7 p.m.; Saturday 9 a.m. to 5 p.m. and closed on Sundays.
(PC93-28) (5 yes votes, 1 no vote, and 1 absent).
Approved Negative Declaration.
Sheri LaRoche, 199 N. Magnolia SA, Anaheim. She is representing her husband,
Joseph LaRoche, President of the Carbon Creek Homeowners Association. Last
week the Council was given a copy of a letter in which the homeowners of
Carbon Creek asked the City Council to appeal Conditional Use Permit No. 3590.
(See letter dated March 15, 1993 - previously made a part of the record.) In
addition, the Planning Department mailed out 132 post cards to homeowners and
business owners informing them of the Planning Conunission meeting held
March 8, 1993. Carbon Creek Homeowners represent 95 of those post cards and
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C£t¥ Hallr Anahe£mr Cal£forn£a - COUNCIL MINUTES - MARCH 23r 1993 - 5:00 P.M.
they voted to oppose the pawn shop at the requested location. Thirty-seven
(37) did not respond one way or the other. Approximately two-thirds are
against the pawn shop. They are asking that the Council appeal the approval
of CUP 3590.
Later in the meeting, (when the B Items on the agenda were discussed), Council
Member Pickler and Mayor Daly set the matter for a public hearing. It was
also determined that the public hearing would be held April 20, 1993.
REPORTS AND RECOMMENDATIONS:
B3. 179: REQUEST FOR PLANNING COMMISSION INTERPRETATION OF OUTDOOR STORAGE
IN THE CG ZONE:
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined that outdoor storage is not a permitted use in the CG zone
(PC93-29).
City Attorney White. This item will return to a subsequent agenda. The code
requires any time the Planning Commission makes an interpretation of the code,
that that automatically be given to the Council and the Council is required to
take an action either approving or disapproving the Planning Commission's
interpretation. His understanding is that the owner of the property does not
agree with the Planning Commission's interpretation and wishes to be present
at a later date on the item. It will be agendized at a later date. No action
is needed tonight.
END OF THE PI. JtNNING CO~MISSION ITF~S.
B4. 179: REQUEST FOR EXTENTION OF TIME - CONDITIONAL USE PERMIT NO. 2651:
Request by Dwight R. Belden, Anaheim Land Associates, 450 Newport Center
Drive, Suite 304, Newport Beach, CA 92660-7640. The property is
located at 2400 and 2420 East Katella Avenue. The petitioner requests
an extension of time retroactive to February 26, 1993 to expire
February 26, 1994. The Conditional Use Permit No. 2651 is to permit an
il-story, 128 1/2 foot high hotel with on-premises sale and consumption
of alcoholic beverages with accessory uses, and a 12 and 15 story, 182
foot and 222 1/2 foot high commercial office complex with waivers of
minimum structural setback and required site screening on ML zoned
property.
Submitted was report dated March 15, 1993 from the Zoning Administrator
recommending that the Council grant the time extension retroactive to
February 26, 1993 to expire February 26, 1994 subject to the condition as
stated on page one of the report (Item 1, a & b).
MOTION: Council Member Simpson moved to approve the requested extension of
time to Conditional Use Permit No. 2651 retroactive to February 26, 1993 to
expire February 26, 1994 subject to the condition as stipulated in Memorandum
dated March 15, 1993 from the Zoning Administrator. Council Member Pickler
seconded the motion. MOTION CARRIED.
B5. 179: ORDINANCE NO. 5361 FOR INTRODUCTION: Amending Title 18 to rezone
property under Reclassification No. 92-93-03 located at the northwest corner
of Weir Canyon Road and Savi Ranch Parkway from the CO(SC) zone to the CL(SC)
zone.
Council Member Simpson offered Ordinance No. 5361 for first reading.
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City Hall, Anaheim, California - COUNCIL MINVTES - MA~CH 23, 1993 - 5:00 P.M.
ORDINANCE NO. 5361: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO
REZONE PROPERTY UNDER RECLASSIFICATION NO. 92-93-03 LOCATED AT THE NORTHWEST
CORNER OF WEIR CANYON ROAD AND SAVI RANCH PARKWAY FROM THE CO(SC) ZONE TO THE
CL(SC) ZONE.
C1. 173: REQUEST FOR NAME CHANGE, COLOR AND LOGO APPROVAL - WEST COAST CAB
COMPANY:
REQUESTED BY: AAA Transportation, Inc., dba AAA Taxi Cab, 941 North
Santiago Avenue, Santa Aha, CA 92701
West Coast Cab Company, dba West Coast Transportation requests approval
to change the name, color and logo of their taxicabs which operate
within the City.
Submitted was report dated March 11, 1993 recommending that the Council
approve the request from West Coast Cab Company to change the name, color and
logo of the taxi cabs which operate within the City.
Mayor Daly noted that the Council had a similar request from the subject
company (see minutes of February 9, 1993). He asked if anyone was present
from West Coast Cab; no one was present.
MOTION: Council Member Hunter moved to deny the request. Council Member
Simpson seconded the motion.
Before action was taken, City Attorney White asked if Council was aware that
the staff recommendation is to approve the request; the Council was aware of
the recommendation.
Council Member Pickler. He asked if when the applicant applied, was he led to
believe they had no problem.
John Poole, Code Enforcement Manager. When the petitioner applied, it was
shared that staff did not oppose the request. When the applicant was
previously before the Council on February 9, 1993, at that time they wanted to
use Yellow Cab in their name. At this time, they want to use AAA Cab and not
Yellow. He does not know why the applicant is not present since they were
aware of the meeting.
Mayor Daly. He knows there are a couple of speakers in opposition. While the
applicant may not be present, he wants to give an opportunity to anyone who
would like to speak.
Keith Corrizaine, District Manager, Automobile Club of Southern California
(AAA), 150 W. Vermont, Anaheim. He is opposed to the request. The triple AAA
trademark has been registered under the authority of the Landam Trademark Act
with the United States Patent office as the exclusive service mark of the
American Automobile Association - AAA. It provides that no person,
partnership, corporation or association other than a registered owner and its
licensees may use, display or advertise the registered mark in connection with
a business. The Automobile Club of Southern California is the sole affiliate
of the American Automobile Association in this area and has the exclusive
right to use this registered mark. The Automobile Club has also been charged
with the responsibility of enjoining others in this area from making
unauthorized use of the triple AAA service mark. Triple AAA does not endorse
taxi cab companies nor do they own such companies; therefore, their mark
should not be attached to any taxi cab company. Their district office serves
over 20,000 Triple AAA members from other states and foreign automobile club
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City Ha11~ Anaheim~ California - COUNCIL MINUTES - MA~CH 23~ 1993 - 5=00 P.M.
members as well. Their clients rely on the integrity of the triple AAA mark.
They do not want them misled thinking the company is endorsing a taxi cab
company. Their members would hold them responsible for the lack of service or
any infraction that they might encounter due to misrepresentation. They are
requesting that the Council oppose the name change.
Larry Slagle, President, Yellow Cab Company of Anaheim. They are opposed to
the application because of the color aspect. The color submitted is yellow
and white. His company has been using the name Yellow since 1945. He
referred to the testimony given at the meeting of February 9, 1993 (see
minutes that date) where the former decision of a hearing officer recommended
against West Coast Cab using the same or similar colors to Yellow Cab at the
outset. The code calls for a distinction to avoid misleading or defrauding
the public. Even though the colors requested are yellow and white, he feels
it is clearly the intent that they cash in on the good will and name of Yellow
Cab. It would be very confusing. There are many other colors available. It
would cost problems relative to Code Enforcement. He urged the Council to
oppose the request.
A vote was then taken on the motion to deny the subject request. MOTION
CARRIED UNANIMOUSLY.
C2. 150: PRESENTATION - "SOMEBODY" GROUP:
Scott Stephens, 603 Reed Avenue, Anaheim, President, Patrick Henry
Neighborhood Council and Captain of the Graffiti Removal Team. He is present
on behalf of "Somebody" to confront the Council with the problem of filth in
the City's parks in the problem area. The City has spent millions of dollars
purchasing, beautifying and maintaining the parks over the years, parks that
most citizens will not use because of disgust or because they are afraid to go
to the parks. There is drug dealing, gang warring, public drinking and
urinating in both dark and daylight hours. These activities have not only
deteriorated the once beautiful parks, but are also bringing down the
neighborhoods with it. He confirmed for Council Member Pickler that he does
not know about all City parks. He is speaking specifically about La Palma
Park and Pearson Park. Mr. Stephens then asked to show a video he had put
together which illustrated the numerous problems being encountered in those
two parks.
An approximate 10 minute video was shown which consisted of a series done by a
local TV station showing some of the problems occurring in those two parks and
what the "Somebody" group is trying to do to eliminate the problems and
incidents that are taking place, in particular spreading steer manure over
those areas of the parks where the problems are occurring making it
uncomfortable for those causing the problems to frequent the park to perform
their activities. Interviews were also conducted with adults and children who
live around the parks giving testimony to the problems and expressing their
concerns.
In concluding, Mr. Stephens stated Mr. Mike Liby of Karl Karcher Enterprises
was supposed to be present but instead he has a letter to read from Mr. Liby
dated March 23, 1993, listing some of the incidents that have taken place on
the Karcher properties and outlining the steps the company has taken to
protect their employees, customers and property. After reading the letter,
Mr. Stephens stated it is a shame in a City where there are hundreds of acres
of parks that their children cannot use them.
John Rodenbour, 604 N. Clementine, Anaheim. He was one of several people
involved in starting the Pearson Park Watch Program approximately two years
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ago. He is now involved with the "Somebody" group. He is present to share
the steps they have taken to stop the problems in their parks and the
neighborhoods around them. Something had to be done and "Somebody" had to do
it. He then elaborated upon the measures taken as a group some of which
included picketing the parks to draw attention to the drug problem in the City
and laying down the steer manure. They have also had a meeting with the
County Welfare Office staff who have agreed to put a chain link fence around
their building, post no loitering signs, contact the Utilities Department
about its security lighting program, request a full-time deputy sheriff and
request the installation of a metal detector at the welfare office.
"Somebody" has contacted a local realtor who will bring together commercial
realtors to assist in finding another location for the office in a commercial
area. A meeting has also been set with County Supervisor Steiner on March 31,
to discuss the situation. They have also been working with Code Enforcement.
They had set up a meeting with the manager of the Circle K Market in the strip
commercial area near the welfare office who agreed not to sell certain
alcoholic beverages. A recent newspaper article reported that a corporate
decision had been made to close that store. At a March 3, 1993 meeting with
the Assistant Director of Redevelopment, Richard Bruckner, he explained the
plans for redevelopment of that area. Subsequently, a petition was drawn up
and signed by many residents urging redevelopment which will be submitted to
the Council.
Mayor Daly. He asked the Council if they would support the City joining the
group's request to the County to move the welfare office. There have been
informal discussions with the County in the past but it is time to go on
record asking the Board of Supervisors to move the welfare office to a more
suitable location. There are a couple of social services offices in the
County now and perhaps those could be consolidated. The City will work with
the County to find a better location. He would also like to hear from
Redevelopment staff on redevelopment plans for the area and also Parks and
Recreation on their plans to improve La Palma Park and other attractions.
Keith Olesen, 321 N. Philadelphia, Member of "Somebody". Over the past
12 months, there were 266 reported calls to the Police Department giving
Pearson Park as the location. Narcotic and alcohol calls represent 50% of the
complaints, i.e., narcotics, drunk in public, fights and assaults with a
deadly weapon. At La Palma Park there were 187 calls. Adding in two of the
big problems in the area - the Crown Motel and Palm Motel - the calls total
380. The Palm Motel has almost the same number of calls and complaints as the
entire La Palma Park area for the same kinds of problems.
The following are some of the solutions/recommendations that the group would
like to suggest. (Also see letter dated March 14, 1993 to the City Council
from the "Somebody" organization accompanied by a petition containing
approximately 400 signatures urging Council assistance outlining specific
recommendations for the area along with photographs taken of the area showing
general blighted conditions - black binder submitted containing this
information - made a part of the record.) (1) That the area be designated as
a redevelopment project area, (2) that La Palma Park and the commercial area
around the park be included in the project area and that the park and
surrounding commercial area be the first effort undertaken, (3) removal of the
County Welfare Office located at Anaheim Boulevard and Homer Street; general
relief welfare offices do not belong in the middle of residential and park
areas, (4) prohibiting juveniles or adults convicted of gang-drug activities
from utilizing the parks (could be a part of their terms of probation). He
then named and thanked all those who have assisted in the effort they are
bringing forward to the Council tonight.
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Lisa Stipkovich, Executive Director of Con~nunity Development. Staff is
already looking at the park area and the area to the north at Anaheim
Boulevard between Lemon Street and Harbor, even in terms of potentially
closing that access and looking at all the land uses. It is definitely under
consideration for a new redevelopment area. It will be part of a larger
project which would be predominately from Harbor Boulevard to East Street and
straddling the 91 Freeway. That is a piece of an even bigger project linking
the area from Anaheim Boulevard going south along the freeway. The Council
has seen it and approved it as a study and survey area and staff has been
analyzing it over the last few months. This type of data is critical in order
to demonstrate the need for redevelopment. Looking at the material just
submitted by Mr. Olesen, it is an impressive package and will help greatly in
determining the possibility of putting the area in a redevelopment project.
They have been working with other City departments and specifically Parks and
Recreation. They are proceeding with the new project area adoption.
Chris Jarvi, Director of Parks, Recreation and Community Services. As part of
the comprehensive plan, they have looked at the area north of the current
Anaheim Boulevard for a possible consolidation of uses. They already own a
good portion of that property as well as the parking lot that helps support
the Stadium and are looking at the possibility of adding ball fields and
consolidating some of the various uses to make the park more functional and
increase the use. While the department has no money at this time, they feel
this is an important study to make sure the park is a functional part of the
neighborhood.
Questions were then posed to staff by Mayor Daly regarding park expansion
plans, the future widening of Harbor Boulevard and specific improvements
involved with the widening and the schedule for bringing the actual
redevelopment plan to the Council.
Questions were answered by Chris Jarvi, John Lower, Traffic and Transportation
Manager and Lisa Stipkovich.
Mrs. Stipkovich explained they are just starting their fiscal review and are
preparing an environmental impact report. It is estimated they will be
bringing the redevelopment project proposal forward for adoption around
October. They have been meeting with people in the whole area in terms of
redevelopment potential and will continue to meet because this is a critical
part of the process. She clarified for the Mayor that her preference is to
work with existing groups because there are different parts of the project
that are spread out. They are and have been working with some of the
merchants along Anaheim Boulevard on different issues. The group (Somebody)
is well organized. She believes they have enough existing groups to work
with.
Mayor Daly. It is remarkable to have a community appear and show support for
a proposed redevelopment project in an area of town that currently needs some
intense attention from the property owners and City Hall. He thanked staff
for the studies done to date and hopes for early action as much as feasible on
the project. He also thanked the community representatives.
Before concluding, Chris Jarvi reported for Council Member Feldhaus that
relative to the request for additional security lighting, that a very
aggressive lighting program had been instituted in the last three years in a
variety of different parks. Pearson Park was one of the first, thanks to the
community group in that area. If more lighting is needed at La Palma or
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City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 23, 1993 - 5:00 P.M.
Pearson Park, he will be glad to discuss that with the group to work out the
particulars.
Mayor Daly asked to hear from the Police Chief relative to the concerns
expressed today.
Police Chief Joseph Molloy. He supports all the efforts that have been put
forth by the group and feels grass roots movements are beneficial; however, he
would like the Police Department to be in on the ground floor. A
representative from the department should be involved in conversations with
the County so that another situation is not created that would cause the
department to have to respond more or cause additional problems. The problem
is on the property of the welfare office. If no loitering signs are posted,
it will require more Police Department services because the calls will be
directed to them. They will continue to work with the Parks and Recreation
Director and the Park Rangers. He cautioned these are not the only two parks
that have problems.
Mayor Daly. They look forward to the reports back from the Parks and
Recreation Department and Redevelopment on recommendations to clean up the
area.
Council Member Pickler. Relative to the welfare office, the Council, along
with the City Manager's Office should put pressure on the County. That would
be the first step and then to find another building where the welfare office
can be moved.
C3. 139: COUNCIL COMMENTS: Council Member Hunter. He would like the City
Attorney to prepare and bring back to the Council an ordinance similar to the
one adopted by the County of Orange on lobbyist reform. He suggested that a
copy of the County ordinance be obtained. After a draft ordinance is
prepared, and presented to the Council, the Council can act accordingly.
Mayor Daly. Perhaps before drawing up an ordinance for Anaheim, the Council
should first have an opportunity to look at what the County is doing and have
the City Attorney give an assessment.
SWEAR-IN OF THOSE TESTIFYING AT PUBLIC HEARINGS:
The City Attorney announced that it is appropriate at this time for all those
intending to testify at any or all of the public hearings including staff be
sworn in at this time.
Those testifying were requested to stand by the City Clerk and asked to raise
their right hand. The oath was then given.
D1. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3586 AND NEGATIVE
DECLARATION:
OWNER: Lederer Anaheim Ltd., Attn: Les Lederer, 1990 Westwood
Boulevard, 3rd floor, Los Angeles, CA 90025
LOCATION/REQUEST: The property is located at 1440 South Anaheim
Boulevard and is approximately 14.74 acres located north and east of the
northeast corner of Cerritos Avenue and Anaheim Boulevard. The request
is to permit an indoor soccer field in conjunction with an existing
indoor swap meet facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3586 GRANTED, (PC93-22) (7 yes votes).
Approved Negative Declaration.
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HEARING SET ON: A review of the Planning Commission's decision was requested
by Council Members Pickler and Simpson at the meeting of March 2, 1993, and
public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - March 11, 1993
Mailing to property owners within 300 feet - March 10, 1993
Posting of property - March 12, 1993
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated February 8, 1993.
Annika Santalahti, Zoning Administrator. She briefed the Council relative to
the request. She also reported that staff had recommended a time limitation
on the CUP to see whether the use would have any adverse or other potential
impacts on the existing swap meet operation, but the Planning Commission did
not include it in their final approval.
Council Member Pickler. He has a concern that the proposed use might be a
detriment to the area. He does not know how many teams or spectators will be
involved and whether the teams will be coming from another area. On some of
the fields where soccer is played now, litter is left behind, there is
drinking and graffiti in the area. He feels this use in this area will be
adding to some of the problems the City is trying to eliminate.
Council Member Simpson. When staff first looked at the proposal, they
originally recommended it be denied. (He referred to and read staff comments
regarding their recommendation of denial.) There were many comments that
caused him to second setting the matter for a public hearing. He has since
talked to a representative of the owner and most of the concerns he had have
been satisfied. He had concerns about crowds and how soccer was going to be
conducted indoors. Those have been set aside and he would be willing to look
at approving the CUP for a limited period of time to determine how it works if
this is satisfactory to the applicant.
APPLICANT'S
STATEMENTs
John Schroeder, General Manager, Anaheim Indoor Market Place.
Since the Planning Commission meeting, he believes they have
adequately addressed staff concerns mainly revolving around
safety. He has met with Code Enforcement and the Fire Department
at the facility, looked at the proposed soccer field and discussed
exactly what the layout will be. The teams will be local and they
are working with local organizations in developing the rules.
They are re-inventing the wheel - it is a much different
configuration for soccer than ever before. The local teams on
weekends will mainly be made up of children and on weekdays
adults. They would like to have a few hours set aside during the
week for adults as well. Their main goal is to increase the
shopping traffic in the market place. They have decided not to
put seating in the viewing area and they feel they would not
exceed 100 people in the viewing area. He reiterated their
intention is to increase the shopping traffic and not necessarily
the viewing traffic. Relative to the type of people this will
draw, it is a constructive activity mainly for young people and in
a format that does not encourage loitering or undesirable
elements. If it did so, they will stop it because it will be bad
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for their business. There will be no need for another meeting
because they would take it upon themselves. The Anaheim Indoor
Market Place is to be an establishment for the long term. He then
briefed the configuration and concept that will be used for the
soccer field. In these economic times, creative thinking is what
is needed. It will, in turn, increase revenues to the City and
does not negatively impact surrounding areas. He urged the
Council to confirm the Planning Commission's unanimous approval.
It will be a positive addition to the Market Place and the
community. It will improve the viability of a business entity
that over the last year has proven to be a good, caring and
supportive citizen for the City of Anaheim.
Council Member Pickler. He still has concerns whether the teams
will be mainly Anaheim or from other cities, the number of
spectators, and the concept in general. Perhaps a time limitation
is the answer.
John Schroeder. The fact that they are not putting in bleachers
is trying to make sure on their part that they are not creating a
place that people will loiter and become a problem but increasing
the shopping traffic. They want to make sure they do not get too
comfortable and forget to patronize the vendors. Seventy percent
(70%) of the people that come to the Market Place are from a
three-mile radius. They intend to do advertising with Multivision
Cable which will only go to Anaheim and maybe Villa Park. They
are not going outside of North Orange County with their
advertising.
PUBLIC DISCUSSION -
IN FAVORS None
PUBLIC DISCUSSION -
IN OPPOSITIONs None
Mayor Daly closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council
Member Hunter, seconded by Council Member Simpson, the City Council approved
the negative declaration upon finding that it has considered the negative
declaration together with any comments received during the public review
process, and further finding on the basis of the initial study and any
comments received that there is no substantial evidence that the project will
have a significant effect on the environment. MOTION CARRIED.
Council Member Hunter offered Resolution No. 93R-52 for adoption, granting
Conditional Use Permit No. 3586. Refer to Resolution Book.
RESOLUTION NO. 93R-52: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3586.
Before a vote was taken, Council Member Hunter commended the applicant for
bringing forth such a creative idea to improve their retail sales especially
in this time of recession. Soccer is one of the largest sports in
Anaheim Hills. He encouraged Mr. Schroeder to get in touch with the soccer
group in the hills to get some of the kids to play in their soccer field and
to bring their parents with them.
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City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 23r 1993 - 5:00 P.M.
Council Member Pickler asked if a time limitation was to be imposed on the
CUP; Mayor Daly asked if there was a time limit on the overall CUP for the
entire property.
Annika Santalahti, Zoning Administrator. She does not believe there is.
City Attorney White. There is a condition impooed by the Planning Commission
stating the use will be accessory to the Indoor Swap Meet. He would recommend
additional language that would provide in the event the Indoor Swap Meet
terminates or the CUP expires or is revoked, that this use would terminate
simultaneously. It will link the two together so that if there were any
expiration of the swap meet permit, this would be a part of it.
Council Member Hunter. His offering of the resolution is to include what the
attorney just stated and is incorporated by reference.
Before a vote was taken, City Attorney White explained for Council Member
Feldhaus that the Anaheim Municipal Code states anytime a use ks exercised
either contrary to the expressed conditions of approval or in a manner
contrary to the public welfare or detrimental to any surrounding properties or
impinges upon public traffic, that it can be set for a hearing to revoke the
permit.
Council Member Feldhaus. For that reason, he sees no reason for a time
limitation.
A vote was then taken on the foregoing resolution, including the statement by
the City Attorney.
Roll Call Vote on Resolution No. 93R-52 for adoption=
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Hunter, Pickler, Simpson, Daly
None
None
The Mayor declared Resolution No. 93R-52 duly passed and adopted.
ADJOURNMENT: Council Member Hunter moved to adjourn, Council Member Daly
seconded the motion. MOTION CARRIED. (6:55 p.m.)
No Council meeting is scheduled for Tuesday, March 30, 1993, since no quorum
is anticipated at this time.
LEONORA N. SOHL, CITY CLERK
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