1993/04/27City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 27, 1993 - 5:00 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich
ZONING ADMINISTRATOR: Annika Santalahti
ZONING DIVISION MANAGER: Greg Hastings
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 2:25 p.m. on April 23, 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:
To meet with and give directions to its authorized
representative regarding labor relations matters - Government
Code Section 54957.6.
b. To consider and take possible action upon personnel matters
pursuant to Government Code Section 54957.
c. To confer with its attorney regarding potential litigation
pursuant to Government Code Section 54956.9 (b)(1).
de
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.)
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: Reverend Michael Pallad, St. John the Baptist Greek Orthodox
Church, gave the invocation.
FLAG SALUTE: Council Member Irv Pickler led the assembly in the Pledge of
Allegiance to the Flag.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was
unanimously adopted by the City Council and presented to Linda Masquefa and
Barbara Volkov recognizing the Orange County Chapter of the Association of
Records Managers for their extensive volunteer work in computerizing Housing
Authority files.
Mayor Daly and Council Members congratulated both women on their fine work.
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119: PROCLAMATION: The following proclamation was issued by Mayor Daly and
authorized by the City Council:
Clean Air Week in Anaheim, May 1-7, 1993
Kathleen Reavis and Diana Kotler of Commuter Services accepted the
proclamation.
The following were recognitions authorized by the City Council this date to be
mailed or presented at another time:
Save That Child Week in Anaheim, May 1-8, 1993
Hire a Veteran Week in Anaheim, May 2-8, 1993
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,054,815.44 for the
period ending April 23, 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. (5:16 p.m.)
Mayor Daly reconvened the City Council meeting. (5:18 p.m.)
ITEMS OF PUBLIC INTEREST:
Grace Howard, 125 Belinda Circle. Her organization, AIM (Anaheim Involved
Managers), is holding a parent's awareness meeting at the Brookhurst Community
Center on May 25, 1993 at 7:00 p.m. where there will be a variety of speakers
from City Departments. (Call 772-4627) Flyers are also available; Mayor Daly
asked that she submit a supply of the flyers to the City Clerk's Office.
PUBLIC COMMENTS - AGENDA ITEMS:
Public input received on Items A7, A9 and Al2.
MOTION: Council Member Pickler moved to waive reading in full of all
ordinances and resolutions to be acted upon for the Council meeting of
April 27, 1993. Council Member Simpson seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Mayor Daly, seconded
by Council Member Feldhaus, the following items were approved in accordance
with the reports, certifications and recommendations furnished each Council
Member and as listed on the Consent Calendar; Mayor Daly offered Resolution
No. 93R-65 for adoption and Ordinance Nos. 5363 and 5364 for adoption. Refer
to Resolution/Ordinance 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 Mercury Insurance Group, attn: Sheri Waterman -
File No. KJ002886-39, for property damage sustained purportedly due to
actions of the City on or about August 6, 1992.
b. Claim submitted by Shirley L. Hurt for property damage sustained
purportedly due to actions of the City on or about February 15, 1993.
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c. Claim submitted by Ronald A. Snellgrove, c/o John Swanager, for
property damage and bodily injury sustained purportedly due to actions of
the City on or about January 4, 1993.
d. Claim submitted by Rita Vail for property damage sustained purportedly
due to actions of the City on or about February 11, 1993.
e. Claim submitted by Thomas A. Hubert for property damage sustained
purportedly due to actions of the City on or about January 3, 1993.
f. Claim submitted by George Peralta, c/o John M. Gullixson, for bodily
injury sustained purportedly due to actions of the City on or about
August 19, 1992.
g. Claim submitted by Jack Leyda for property damage sustained
purportedly due to actions of the City on or about July 2, 1992.
h. Claim submitted by Joe Melendez for property damage sustained
purportedly due to actions of the City on or about February 26, 1993.
i. Claim submitted by Anna Irene Sword for property damage sustained
purportedly due to actions of the City on or about November 19, 1992.
j. Claim submitted by Pili A. Davis, c/o Otis L. Jones, for bodily injury
sustained purportedly due to actions of the City on or about November 27,
1992.
k. Claim submitted by James, Shannon and Timothy Hutchins, c/o Bruce A.
Carr, for property damage and bodily injuries sustained purportedly due to
actions of the City on or about October 30, 1992.
1. Claim submitted by Frank V. Fisher, c/o Donald A. Ellison, for
property damage sustained purportedly due to actions of the City on or
about November 2, 1992.
m. Claim submitted by Michael G. Borja for property damage sustained
purportedly due to actions of the City on or about January 15-25, 1993.
n. Claim submitted by Erin L. Glebovich, c/o W. Rick Beck, for bodily
injury sustained purportedly due to actions of the City on or about
September 20, 1992.
o. Claim submitted by State Farm Insurance Companies, attn: Linda M.
Kaiser, File No. 55-N628-289, for property damage sustained purportedly
due to actions of the City on or about November 13, 1992.
p. Claim submitted by Nima Talebelhosseini by M. Talebelhosseini, c/o
Michael Galassi, for bodily injury sustained purportedly due to actions of
the City on or about July 22, 1992.
q. Claim submitted by Mack and Eric Oliver for property damage sustained
purportedly due to actions of the City on or about January 5, 1993.
r. Claim submitted by Roger Williamson for property damage sustained
purportedly due to actions of the City on or about February 27, 1993.
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s. Claim submitted by Pacific Bell, attn: Warren Booth, for property
damage sustained purportedly due to actions of the City on or about
October 27, 1992.
t. Claim submitted by Mildred Kokesh, c/o Roger Tellinghuisen, for bodily
injury sustained purportedly due to actions of the City on or about
October 28, 1992.
u. Claim submitted by Ernest Hathaway, dba Custom Leasing, for property
damage sustained purportedly due to actions of the City on or about
February 22, 1993.
v. Claim submitted by Denise Gebhart for property damage sustained
purportedly due to actions of the City on or about February 26, 1993.
w. Claim submitted by Debra Lynn Bacon for bodily injury sustained
purportedly due to actions of the City on or about December 27, 1992.
x. Claim submitted by Southern California Gas Company, attn:
Lynnette Elie - File Nos. S-262618-35-MHG and $-262527-35-MHG, for
property damage sustained purportedly due to actions of the City on or
about November 2 and 4, 1992.
y. Claim submitted by Anna Peoples, c/o Allene Lowe, for bodily injury
sustained purportedly due to actions of the City on or about February 3,
1993.
z. Claim submitted by David J. Gyurina for property damage sustained
purportedly due to actions of the City on or about May 12, 1992.
A2. 105: Receiving and filing minutes of the Community Redevelopment
Commission meeting held March 31, 1993.
105: Receiving and filing minutes of the Anaheim Park and Recreation
Commission meeting held February 24, 1993.
A3. 164: Approving a Notice of Completion of the construction of the
Heritage Place by Aman Brothers, Inc., and authorizing the Mayor to sign and
the City Clerk to file said Notice of Completion.
A4. 150: Approving a Notice of Completion of the Ben Franklin Childcare
Facility by Modtech, Inc., and authorizing the Mayor to sign and the City
Clerk to file said Notice of Completion.
A5. 123: Approving a second amendment to the agreement with Merit Civil
Engineering, Inc., for engineering services in an amount not to exceed
$125,000 for review work of the projects within the Commercial Recreation area
and authorizing the Mayor to execute the agreement.
A6. 123: Approving and authorizing the Mayor and City Clerk to execute an
agreement with Southern Pacific Transportation Company - Auto Center Drive
(Phoenix Club Drive) crossing BM-513.81 in the amount of $171,646 for the
extension and improvements of Auto Center Drive.
A7. 168: RESOLUTION NO. - ..... : A resolution was submitted for the naming
of the new public street extending southerly from the east-west portion of
Sanderson Avenue to the Southern Pacific Railroad, and renaming of certain
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public streets (portions of Auto Center Drive and Sanderson Avenue), to
Phoenix Club Drive.
Dennis Hardin. His business is located at 1381 Auto Center Drive, Anaheim.
As a dealer in the Auto Center, he and the rest of the dealers are opposed to
renaming Auto Center Road to Phoenix Club Drive. He is speaking as President
of the Association of Dealers. He then elaborated on the reasons the dealers
are opposed; their main contention being the name change would be a giant step
backwards for the center which has of late been struggling due to the economic
climate. Dealers have relocated to the Center with the impression that the
City was behind them in their efforts to encourage auto sales. He urged a
vote against the change and to leave the road as Auto Center Road and also
leave the signing up on the street. He confirmed for the Mayor that the
matter has been discussed with City staff.
The following dealers then spoke in opposition to the name change each
expressing their particular concerns and the adverse impact the change would
have on their businesses should Auto Center Road be renamed.
Roger Miller, Roger Miller Ford in Orange - relocating
to the Auto Center in Anaheim.
Charles Spicer, representing Quality Lincoln-Mercury
Nick Anderson, representing Anaheim Mazda-Pontiac
Paul Gundemann, President of the Phoenix Club. In 1989, when the Council and
City staff approached the Phoenix Club for the first time to ask if it was
possible for the Club to be relocated, at that time, they were opposed to the
question even being asked. They had been at the location for 29 years. It
took a great deal of time and effort on the part of City staff, the City
Manager and Phoenix Club representatives to convince the group to be relocated
anyplace. Three locations were subsequently offered, two at Anaheim Hills,
and the third was their present site. Another concern was their visibility if
they relocated to the present site. The Club is not visible from Ball Road.
They asked for ways to improve their visibility. It was at that time it was
brought up to have Auto Center Drive renamed to Phoenix Club Drive which would
give them the visibility they wanted from Ball Road. This was one of the main
obstacles for them to continue on with negotiations to be relocated. He
would expect that the City will see their side of the matter. He urged the
Council to vote in favor.
Manuel Ontiveros. Unless there was something in the contract with the Phoenix
Club regarding the change, he feels they will be doing a disservice to the
auto dealers and to the City which relies on taxes. He feels it should remain
Auto Center Drive unless there is a contractual obligation involved.
Council Member Hunter. There was a contractual relationship with the Phoenix
Club regarding the naming of the street.
Council Member Simpson. He suggested perhaps if there is a way to reach a
compromise that avenue should be explored. He moved that the matter be
continued two weeks. Council Member Hunter seconded the motion.
Before action was taken, Council Member Hunter stated he believes Mr. Hardin
has had an opportunity to have a conference with staff and Redevelopment and
fully understands that the City has a contractual agreement with the Phoenix
Club on the issue. He does not know if the dealers understand that. There
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might be a way for the Phoenix Club and the dealers to get together. Perhaps
it is worth trying to look at signage. They did something similar on Gene
Autry Way and Pacifico and the postmaster gave ten years for dual mailings on
that street when the name was changed.
A vote was then taken on the motion for a two weeks continuance to May 11,
1993. MOTION CARRIED.
AS. 160: Accepting the low bid of VIP Motorcycles, Inc., in the amount of
$36,708.00 for six (6) Kawasaki Motorcycles, in accordance with Bid #5143.
A9. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to
issue a purchase order to Tennant, in the amount of $35,032.00 for one
scrubber with attachments.
Sharon Ericson, representing AMEA. This is authorizing the Purchasing Agent
to issue a purchase order in the amount of $35,000 for one scrubber with
attachments. They have been told in all likelihood these are custodian
positions which are going to be contracted out. The difference, although she
may not be completely correct, was around $20,000 between the contractor and
the custodians who will be out in the street. She asked if they are
purchasing the scrubber for the contractor and if so, the contractor should
bring his own.
City Manager James Ruth. The Purchasing Agent is present and he would like
her to respond. If she is not certain of the answer, he will be glad to
continue the item for one week to make sure they are not spending money they
do not need to be spending.
Mayor Daly. If the item can wait a week or two he feels it would be best to
continue it. He asked to hear from the Purchasing Agent.
Diane Hughart, Purchasing Agent. Her understanding is that the equipment is
to be used by the setup people at the Convention Center and not the
custodians. She clarified there would be no harm if the matter is continued.
MOTION: Council Member Simpson moved to continue Item A9 for one week to
May 4, 1993. Council Member Hunter seconded the motion. MOTION CARRIED.
Al0. 160: Accepting the low bid of Computer Bay in the amount of $19,938.00
for computer hardware and software, in accordance with Bid #5137.
Council Member Feldhaus. He noticed that the difference between the low bid
and the second low bidder was $678, the latter being an Anaheim firm. He
asked if there was a way to get back to an Anaheim company who is in the bid
process and can meet all the requirements to ask if they can compete with the
low bid so that they do not take business out of the City.
City Attorney White. The law requires once they institute a bid process that
process has to be followed to the letter. If not, they would have legal
difficulties. They do allow privileged treatment to an Anaheim bidder by
giving credit for the 1% sales tax that stays in the City.
Council Member Pickler asked if they can go to more than 1%; City Attorney
White stated he feels they could establish such a procedure. They would have
to change their procedures from the way they currently advertise and award the
contract. He then explained three different categories of bidding and
concluded by stating if they did allow more than 1%, they would have to make
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sure the rules are clear to all bidders. Whether they would receive the same
number and kinds of bids as they do at present, he does not know.
Mayor Daly. He asked that staff provide current policy to the Council in
writing, and if at future date they want to change the process, it can be a
matter for Council discussion.
Ail. 123: Approving an Agreement with Rutan & Tucker at a cost of $8,500,
plus out-of-pocket expenses not-to-exceed $1,500 for bond counsel services;
and in the event negotiations cannot be completed with the low bidder,
authorizing the Finance Director to negotiate with the next low bidder.
Al2. 123: Approving a three (3) year agreement with Event Medical Services,
Inc., for the provision of Physician and Backup EMT/Mini-Ambulance services
for Anaheim Stadium events.
Richard Graves, 1426 E. Wilshire. He is President of Medical & Safety
Management, the company that has been providing medical services for the last
six years at Anaheim Stadium. During that time, they have had an impeccable
record and have also supported the Stadium and many projects even at their own
expense. He explained some of the events in which they participated. They
have provided the finest in first aid equipment. Many have come just to see
their first aid program. They have worked extensively with the City even
helping in a lawsuit against the City which saved over $230,000 because of
depositions, testimony and paperwork they provided. He thereupon submitted a
letter of recommendation given by Greg Smith, Stadium General Manager in which
he highlighted some of the statements made as to the outstanding services
provided by Medical & Safety Management (made a part of the record). The
difference in the bids was $2,000 per year. With the number of events at the
Stadium, which is over 100, it would come out to less than $20 per event. He
feels with their record and the positive feedback they have been getting, it
would be worth the Council taking another look at the contract and the
process.
Al3. 155: Approving a Negative Declaration pursuant to CEQA findings, for
the construction of a 12-inch water main at Walnut and Crone Avenue.
Al4. 123: Approving an Agreement with D. Mc. Engineering in a total amount
not to exceed $150,000 for civil engineering and licensed surveyor services
for acquisition of easements for the Underground Conversion Program.
Al5. 123: Approving Amendment No. 1 to the Interruptible Load Agreement with
Anaheim Foundry, and authorizing the Public Utilities General Manager to
execute the amendment.
Al6. 140: Accepting a California Council for the Humanities grant, and
amending the FY 92/93 budget by increasing revenues and expenditures in
program 4274 by $1,398.00.
Al7. 140: Amending the FY 92/93 budget by increasing expenditures in fund
771 by $11,542.29 for library video enhancement.
Al8. 113: RESOLUTION NO. 93R-65: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN
TWO YEARS OLD. (City Attorney's Office).
Al9. 170: ORDINANCE NO. 5365 - INTRODUCTION: AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING ORDINANCE NO. 5316 RELATING TO LOT LINE ADJUSTMENTS.
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A20. 185: Determining that Koll Anaheim Center Associates and the Anaheim
Redevelopment Agency have complied with the terms and conditions of
Development Agreement No. 90-01 for the 1992/1993 period under review.
Council Member Feldhaus abstained on this item.
A21. 123: Approving a cooperative agreement with the California State
Department of Education, in the amount of $29,000 for the period of July 1,
1992 to June 30, 1993; allocating $24,650 to the North Orange County Community
College District to provide literacy training services to eligible Anaheim
clients, and authorizing the JTP Manager to execute the necessary subcontract
agreement and any modifications thereto.
A22. 156: Receiving and filing Anaheim Police Department crime and clearance
analysis for the month of March, 1993.
A23. 114: Approving minutes of the City Council meeting held March 16, 1993.
A24. 149: ORDINANCE NO. 5363 - ADOPTION: AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING CERTAIN SECTIONS OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO PARKING NEAR FIRE HYDRANTS. (Introduced at the
meeting of April 20, 1993.)
A25. 130: ORDINANCE NO. 5364 - ADOPTION: AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING CHAPTER 1.03 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO
FRANCHISE APPLICATIONS. (Introduced at the meeting of April 20, 1993.}
A26. 123: Approving and authorizing the City Manager and City Clerk to
execute the Memorandum of Understanding between Caltrans, OCTA and the City of
Anaheim for the financing of the I-5 Freeway High Occupancy Vehicle (HOV)
ramps.
A27. 114: Authorizing the Sister City Committee to offer the Emigdio Vasquez
mural (One Hundred Twenty Four Years of Progress) to Mito, Japan on a two-year
loan basis.
A28. 174: Approving the inclusion of census block groups 2, 3, 5 and the
southern half of census block group 1, of census tract 871.04, as part of the
Community Development Block Grant (CDBG) South Anaheim Neighborhood Council
Target Area.
Roll Call Vote on Resolution No. 93R-65 for adoptions
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Hunter, Pickler, Simpson, Daly
None
None
The Mayor declared Resolution No. 93R-65 duly passed and adopted.
Roll Call Vote on Ordinance Nos. 5363 and 5364 for adoptions
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Hunter, Pickler, Simpson, Daly
None
None
The Mayor declared Ordinance Nos. 5363 and 5364 duly passed and adopted.
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Items A7 and A9 were continued by separate motion as indicated above.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
A29. 105: APPOINTMENT TO THE COMMUNITY REDEVELOPMENT COMMISSION:
Appointment to fill an unscheduled vacancy on the Community Redevelopment
Commission. (Robert J. Anthony, term expires June 30, 1993) This matter was
continued from the meeting of April 6, 1993 to this date.
Council Member Simpson nominated Cheryl Perreira .
Council Member Feldhaus nominated Thomas "Hoagy" Holguin.
Council Member Hunter moved that nominations be closed, Council Member Pickler
seconded the motion. MOTION CARRIED.
A Roll Call Vote was then taken on the nominees in the order in which they
were nominated.
Cheryl Perreira - Ayes:
Abstained:
Thomas Holguin - Ayes:
Abstained:
Hunter, Pickler, Simpson
Feldhaus, Daly
Feldhaus, Daly
Hunter, Pickler, Simpson
MOTION: Council Member Daly moved to cast a unanimous vote for
Cheryl Perreira. Council Member Pickler seconded the motion. MOTION CARRIED.
Cheryl Perreira was thereupon appointed to the Community Redevelopment
Commission for the term expiring June 30, 1993.
Before concluding, Mayor Daly asked if staff was aware of any additional
vacancies. He heard mentioned that there might be a vacancy in June or July.
City Clerk Lee Sohl. She is not aware of any. There are terms expiring in
their normal course on June 30, 1993.
A30. 105: APPOINTMENT TO THE VECTOR CONTROL BOARD:
This matter was continued from the meetings of February 23, and March 2, 1993
to this date.
City Clerk Sohl. She has submitted a memorandum to the Council listing three
possible candidates. Council Members may be appointed as well.
Council Member Pickler nominated Mr. Len Lawicki.
Council Member Feldhaus moved that nominations be closed, Council Member
Munter seconded the motion. MOTION CARRIED.
Mr. Len Lawicki was thereupon unanimously appointed to the Vector Control
Board.
ITEMS B1 - B3 FROM THE PLANNING COMMISSION MEETING OF APRIL 5, 1993
INFORMATION ONLY - APPEAL PERIOD ENDS APRIL 27, 1993:
B1. 179: CONDITIONAL USE PERMIT NO. 3617 AND NEGATIVE DECLARATION:
OWNER: R.S. Hoyt Jr., et al, As Trustees of Bryan Industrial
Properties, Inc., Profit Sharing Trust, 146 E. Orangethorpe Avenue,
Anaheim, CA 92801
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AGENT: Nancy Krancz, 1141 N. Kraemer Boulevard, Anaheim, CA 92806
LOCATION: 1141 North Kraemer Boulevard. Property is approximately 1.46
acres located on the west side of Kraemer Boulevard and approximately
224 feet south of the centerline of Coronado Street.
To permit the sale, installation and service of automotive air
conditioning, cruise control and power window/door lock systems.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3617 GRANTED for five years (PC93-43) (7 yes votes).
Approved Negative Declaration.
B2. 179: CONDITIONAL USE PERMIT NO. 3620 AND NEGATIVE DECLARATION:
OWNER: Seymour and Ioe Adler, 16608 Park Lane Place, Los Angeles, CA
90049
AGENT: Dennis Mailly, 4511 Eisenhower Circle, Anaheim, CA 92807
LOCATION: 4620 E. La Palma Avenue. Property is approximately 2.47
acres located on the south side of La Palma Avenue and approximately 765
feet east of the centerline of Lakeview Avenue.
To permit an ll,254-square foot gymnastic school.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3620 GRANTED (PC93-44) (7 YES VOTES).
Approved Negative Declaration.
B3. 179: ORDINANCE RELATING TO BUSINESS SIGNS PERMITTED IN THE CL-HS ZONE.
Request for recommendation to the City Council.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended approval of ordinance relating to business signs permitted
in the CL-HS zone (6 yes votes, 1 no vote).
Council Member Feldhaus. He disagrees with the hours imposed by the ordinance
where it states that no signs shall be lighted between midnight and 6:30 a.m.
He feels such signs are an aid to travelers looking for a gasoline station or
restaurant.
City Attorney White explained for the Mayor that if any changes are going to
be made to the ordinance, it would be best to make those before the first
reading of the ordinance. If made after, another first reading will be
necessary.
Council Member Feldhaus clarified for the Mayor that he could support the
ordinance if the time restriction relating to lighted signs is deleted.
Mayor Daly. He surmises this would apply to the entire Anaheim Hills area;
City Attorney White. The Planning staff has advised him that is not a change
that is being made in the proposed ordinance. The ordinance currently has
those hour limitations in it.
Greg Hastings, Zoning Division Manager. What this allows, although there are
a lot of provisions, the only changes would allow a commercial shopping center
in the scenic corridor to include the name or a logo on top of the
identification sign or about 6 square feet. For example, on Canyon Plaza,
they are allowed to have an identification sign 20 square feet, 30 inches
high. They will now be able to add on to that an additional 6 square feet
that will say Albertson or their logo to identify the major tenant in the
center only.
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Mayor Daly suggested that the ordinance be continued one week for a first
reading and that staff comments be submitted on the notion of deleting the
lighting provision from the ordinance; Council Member Pickler. He would like
to get more information as well. He does not want to make any changes. He
asked if there is a problem with a one week continuance.
Annika Santalahti, Zoning Administrator. Mr. Hastings will not be at the
meeting next week, but there is no problem if the item is continued. The
scenic corridor in general has much more restrictive signing in practical
terms. There are businesses who do light at night and they do not enforce the
code. It has not been a major issue. Because of the restrictive signing, the
practical impact will not be huge. A three-week continuance would be better
in order to provide a staff report and the person most involved will be
present.
MOTION: Council Member Pickler moved to continue the proposed ordinance
relating to business signs to May 18, 1993. Council Member Simpson seconded
the motion. MOTION CARRIED.
END OF THE PLANNING COMMISSION ITEMS.
B4. 179: ORDINANCE NO. 5366 - INTRODUCTION: Amending Sections 18.05.080,
18.21.064, 18.31.064, 18.32.064, 18.34.064, 18.21.067, 18.31.067, 18.32.067
and 18.34.067, of Chapters 18.05, 18.21, 18.31, 18.32 and 18.34 of Title 18 of
the Anaheim Municipal Code Relating to Signage in residential zones.
Council Member Pickler offered Ordinance No. 5366 for first reading. Refer to
Ordinance Book.
ORDINANCE NO. 5366: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS
18.05.080, 18.21.064, 18.31.064, 18.32.064, 18.34.064, 18.21.067, 18.31.067,
18.32.067 AND 18.34.067, OF CHAPTERS 18.05, 18.21, 18.31, 18.32 AND 18.34 OF
TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SIGNAGE IN RESIDENTIAL
ZONES.
Mayor Daly noted that Mr. Sanford Simmons had requested to speak on one of the
items relating to signage.
Mr. Sanford Simmons, 3252 Hill Rose Drive, Los Alamitos, 90720. He was
present several months ago concerning signage. The foregoing issue regarding
lighting of signs during certain hours is not his issue. His concern is with
residential signage. (See minutes of January 26, 1993, where Mr. Simmons
first presented his issue to the Council.) The issue is one of a level
playing field concerning his four large properties. He again expressed his
concerns relative to what he considers a restrictive residential sign
ordinance. He referred to the material previously submitted to the Council.
(See letter dated April 23, 1993 - proposed code amendment pertaining to
signage in or - for zones attached to which was a Memorandum to the Planning
Commission sent to the Commission after he appeared before the Council on
January 26, 1993 stating that the amount of signage currently allowed is not
adequate for the current state of the economy and subsequently his reasons
why, along with petition signed by apartment managers listing requested
modifications of the sign ordinance - made a part of the record.)
He referred to the paragraph on the last page of that memo which he feels is
the heart of his concern. It says maximum 10 square foot signage is allowable
which could be divided into three small signs as long as they did not exceed
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10 square feet. It had no bearing on the size of the property. The apartment
managers and owners need help in letting people know what is available in
their neighborhood. After he spoke at the January Council meeting, the
Council directed staff to take a look at the residential sign ordinance. They
did so and now the ordinance is even more restrictive. It is not even
possible to take the 10 square feet and divide it by three anymore. It is a
matter of survival that a change is being requested.
Mayor Daly then posed a line of questions to Mr. Simmons. He (Daly) surmised
what Mr. Simmons is seeking, which the Planning Commission did not agree with,
is the ability to have a larger sign gauged to the larger property.
Mr. Simmons confirmed that was correct. With a large parcel, 4 or 5 acres
with a 300 foot frontage, having the same signage as property with a 20 foot
frontage, the larger properties are at a distinct disadvantage. They would
like a level playing field especially when the economy is the way it is. It
is a matter of economics.
Greg Hastings, Zoning Division Manager. They took Mr. Simmon's request to the
Planning Commission at the same time staff was working on an ordinance to
clarify the existing code. They took both to the Planning Commission who felt
that in residential areas, signage should be less than in commercial areas to
preserve the residential environment. In actuality, what they found through a
survey of other cities is that Anaheim is a little more restrictive for
identification signs, but "for sale ..... for rent .... for lease" - the City is
less restrictive. They were not proposing any changes to the detriment of the
property owner other than perhaps allowing one 10 square foot sign per street
front rather than one 10 foot sign which could be divided into three for one
front. Mr. Simmons is most interested in increasing the size and number of
signs and the Commission felt it was inappropriate.
Mayor Daly. Before voting on the sign ordinance next week, he would like
staff to submit a chart laying out the current regulations versus the proposed
regulations. It is difficult to compare the concerns of Mr. Simmons with the
legal language of the ordinance.
Greg Hastings. Staff will be glad to provide that information.
Grace Howard, AIM. She has fifteen properties, fourteen in Anaheim. They are
running into occupancy problems. Surrounding cities are allowed to put up
banners and signs so they can attract potential residents. If they cannot
enlarge their monument signs, she asked if they could look into allowing some
kind of signage to get people to understand that the properties are for rent
right now. Perhaps that could be allowed for three months and then look at
the situation again to see if it is doing any good. It is difficult to rent
apartments. By having signs and banners, it would help because it would be an
aid to renting to quality people. Perhaps even a permit on a monthly basis
would be feasible.
Mayor Daly. He stated that the ordinance would be back next week for a final
reading.
B5. 179: REQUEST FOR EXTENSION OF TIME - RECLASSIFICATION NO. 91-92-7 AND
CONDITIONAL USE PERMIT NO. 3463:
Requested by Lisa Marks Webber, 2166 Pacific Avenue, Costa Mesa, CA.
92627. The property is located at 2144 West Lincoln Avenue. The
petitioner is requesting a retroactive extension of time (November 5,
1992, to expire November 5, 1993) to comply with conditions of approval.
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Reclassification No. 91-92-07 is for a change in zone from the PD-C zone
to the RM-2400 and the CL zone to the RM-2400 zone on property located
at 2144 West Lincoln Avenue. Conditional Use Permit No. 3463 is to
permit a 3-story, 108-unit, condo complex with waiver of minimum
landscaped setback, maximum structural height and maximum fence height.
Submitted was report dated March 30, 1993 from the Zoning Administrator Annika
Santalahti recommending approval of the time extensions, retroactive to
November 5, 1992 to expire November 5, 1993 subject to the landscape plan
required in connection with Condition No. 27 of Resolution No. 91R-310,
showing the additional front setback landscaping and the landscape screening
of block walls required by Sections 18.04.060.013 and 18.04.060.040 of the
Anaheim Municipal Code, as described on page 3 of this staff report.
Annika Santalahti. The reclassification is not finalized on the property as
yet. The commercial building was removed from the property some time ago and
the approved zoning is consistent with the General Plan for the area.
Council Member Feldhaus. He is concerned with more high density in the west
end of Anaheim.
Annika Santalahti. The land owner is present and she brought forth an issue.
Since it is a retroactive time extension, if the Council were to approve it,
it will be until November 19, 1993. The owner would like to have it go to
1994 instead. Staff does not have a problem with that request.
Lisa Marks Webber, she requested that the time extension be a year from
tonight. If the Council plans to give a time extension, which seems
consistent with City policy, it would save time if she could have a year
rather than just until November.
City Attorney White. He clarified that the Council could grant such a
request.
Annika Santalahti then answered questions posed by the Mayor relative to the
proposed project and the conditions. Relative to assurance that the plans
submitted will be the plans used, the CUP is conditioned upon the exhibits in
the file that everybody saw at the public hearing. If the plans are changed,
they would have to come back to a public hearing procedure where everybody
would be notified again.
City Attorney White. It also includes a zoning reclassification. Once the
Council approves the rezoning ordinance and it goes into effect, if the
applicant does not want to build the particular project for which the CUP was
necessary, any use that meets all code requirements that is a permitted use in
that new zone could be built and normally those are less intensive and less
restrictive projects than the one for which the CUP was required. Once the
reclassification is approved, they are not tied to specific plans. If the
property owner wants to build in accordance with all the requirements of the
zone, they could do that. This type of project can only be built under the
CUP by meeting all of the conditions including specific plans on file and
approved as part of the hearing process.
MOTION: Council Member Simpson moved to approve an extension of time on the
subject reclassification and conditional use permit to expire April 27, 1994,
subject to additional conditions relating to landscaping. Council Member
Hunter seconded the motion. MOTION CARRIED.
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ITEM B6 FROM THE ZONING ADMINISTRATOR MEETING OF APRIL 15, 1993:
DECISION DATEs APRIL 22, 1993 INFORMATION ONLY
APPEAL PERIOD ENDS MAY 3, 1993
B6.
170: TENTATIVE PARCEL MAP 90-125:
REQUESTED BY: Williamson & Schmid, 1501 Red Hill Avenue, Tustin, CA
92680
LOCATION: Koll Anaheim Center. Property is consisting of approximately
30 acres having a frontage of approximately 178 feet on the east side of
Harbor Boulevard and 788 feet on the north side of Broadway (Downtown
Redevelopment Project Alpha).
Request for a one year time extension to comply with conditions of
approval.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
One year time extension GRANTED until 5/14/94 on Tentative Parcel Map
No. 90-125
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.
Chairman Daly reconvened the Anaheim Redevelopment Agency at 6:25 p.m., all
Agency Members being present.
D1. 161: JOINT PUBLIC HEARING - REDEVELOPMENT AGENCY/CITY COUNCIL
To consider a resolution regarding the financing of public improvement
projects undertaken by Anaheim City School District using redevelopment
funds for District Capital Improvements in the Redevelopment Project
Alpha Area. Approving a summary of proposed payment of cost of land and
installation, and construction of publicly owned buildings pursuant to
Health Safety Code Section 33445 and 33679.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - April 15, 1993
Mailing to property owners within 300 feet - April 15, 1993
Posting of property - April 16, 1993
STAFF INPUTs
See staff report from the Community Development Department dated April 16,
1993 regarding the subject implementation agreement.
Lisa Stipkovich, Executive Director of Community Development. Staff is
recommending approval of the implementation agreement. She then briefed
report dated April 16, 1993 giving the background on the subject request. The
reason for the hearing tonight, the Agency and Council must agree the projects
as outlined are of benefit to project Alpha and no other City funds are
available to provide these facilities. A representative from the School
District is present to answer any questions.
Chairman/Mayor Daly opened the public hearing and asked to hear from anyone
who wished to speak; there being no response, he closed the public hearing.
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Lisa Stipkovich. She explained for Agency/Council Member Pickler that the
implementation agreement is more specific than the original agreement. The
five million dollars can be used for only the activities as outlined in the
report. They would have to know specifically which of the projects they are
going to do before a check is authorized. The funds would be coming from bond
proceeds so there is a need for an audit trail. Any of the projects could be
submitted. A brief discussion and questioning followed at the conclusion of
which, Agency Member Daly offered Resolution No. ARA93-6 for adoption. Refer
to Resolution Book.
RESOLUTION NO. ARA93-6: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
APPROVING THE PAYMENT OF THE COST OF LAND FOR AND INSTALLATION AND
CONSTRUCTION OF PUBLIC IMPROVEMENTS TO BE OWNED AND OPERATED BY THE ANAHEIM
CITY SCHOOL DISTRICT IN THE CITY OF ANAHEIM.
Roll Call Vote on Resolution No. ARA93-6 for adoption:
AYES: AGENCY MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
NOES: AGENCY MEMBERS: None
ABSENT: AGENCY MEMBERS: None
The Chairman declared Resolution No. ARA93-6 duly passed and adopted.
Council Member Pickler offered Resolution No. 93R-66 for adoption, approving
the payment of the cost of land for and installation and construction of
public improvements to be owned and operated by the Anaheim City School
District in the City of Anaheim. Refer to Resolution Book.
RESOLUTION NO. 93R-66: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING THE PAYMENT OF THE COST OF LAND FOR AND INSTALLATION AND
CONSTRUCTION OF PUBLIC IMPROVEMENTS TO BE OWNED AND OPERATED BY THE ANAHEIM
CITY SCHOOL DISTRICT IN THE CITY OF ANAHEIM.
Roll Call Vote on Resolution No. 93R-66 for adoption=
AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 93R-66 duly passed and adopted.
MOTION - ADJOURNMENT: Agency Member Daly moved to adjourn, Agency Member
Pickler seconded the motion. MOTION CARRIED. (6:35 p.m.)
D2. 179: PUBLIC HEARING - REQUEST FOR INTERPRETATION OF PERMITTED USES
(SPECIFICALLY RELATED TO OUTDOOR STORAGE) IN THE CG ZONE PER 18.02.041 OF THE
ANAHEIM MUNICIPAL CODE "LAND USE REGULATIONS-RESOLUTION OF UNCERTAINTIES":
Requested by: George Wall, Esq., Palmieri, Tyler, Wiener, Wilheim &
Waldron, 2603 Main Street, East Tower, Suite 1300, Irvlne, CA. 92714-
6228 (for Mr. and Mrs. Dennis Berger)
Petitioner requests that the outdoor storage at subject property be
determined to be a permitted accessory use in the CG zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
Planning Commission determined that outdoor storage is not a permitted
use in the CG zone (PC93-29) as applies to business activities at 1120-
1130 West Lincoln Avenue and 1203 West Center Drive.
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HEARING SET ON: An appeal was submitted by George Wall, Esq. on behalf of the
owners and public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - April 13 and April 20, 1993
PI~NNING STAFF INPUT:
See staff report to the Planning Commission dated March 8, 1993.
Mayor Daly asked if Mr. Wall was present; there was no response. He asked if
correspondence had been submitted by the applicant.
City Clerk Sohl. She reported that a lengthy letter was received yesterday
afternoon - letter dated April 26, 1993 with attachments from Charles H.
Kantor, Palmieri, Tyler, Wiener, Wilhelm & Waldron representing Dennis & Edith
Berger.
Mayor Daly. He has a March 19th letter but not the April letter. He asked if
the applicant is asking for a continuance.
Greg Hastings, Zoning Division Manager. In reading the lengthy submittal,
apparently the applicant indicates he will not be present, nor his client, and
he wishes this to be his testimony - the material that was submitted
yesterday.
City Attorney White. It can be received and filed. The Council is in a
position now if there is no other person who wishes to testify, to close the
hearing and make a decision.
Mayor Daly opened the public hearing and asked to hear from anyone who wished
to speak either in favor or in opposition; there being no response he closed
the public hearing.
MOTION: Council Member Hunter moved to deny that the outdoor storage at
subject property be permitted as an accessory use in the CG zone affirming the
decision of the Planning Commission on the interpretation of the Anaheim
Municipal Code on outdoor storage in the CG zone. Council Member Pickler
seconded the motion. MOTION CARRIED.
Mayor Daly asked the City Attorney if he has seen the package of material
submitted.
City Attorney White. He has not seen the material submitted but if the
Council wants him to see it before the meeting is adjourned and if he has a
different opinion he can give that opinion.
Mayor Daly. In the letter, it is indicated that neither Mr. Berger nor
representative from the law firm will be able to appear.
city Attorney White. After reviewing the document submitted, he stated it
does not appear they are asking for a continuance just from looking at the
first page. This is a legal argument as to interpretation and objections.
looking at this, he does not see a basis that would cause him to change his
opinion or be of reason to not act on this tonight. The action the Council
has taken to affirm the decision of the Planning Commission would be
sustainable.
In
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Cl. 114/105: COUNCIL COMMENTS:
Council Member Simpson announced he would be out of town from May 19 through
May 29, 1993 and therefore would not attend the Council meeting of May 25,
1993.
Council Member Pickler noted the letter of resignation received from Leonard
Smith from Anaheim Stadium, Inc., and asked that a suitable recognition be
prepared and scheduled for presentation at a future Council meeting.
ADJOURNMENT: By General Consent the Council adjourned. (6:40 p.m.)
LEONORA N. $OHL, CITY CLERK
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