1993/09/28City Hall r Anaheim, California - COUNCIL MINUTES - SEPTEMBER 28, 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
ASSISTANT CITY CLERK: Ann M. Sauvageau
UTILITIES GENERAL MANAGER: Edward Aghjayan
DATA PROCESSING DIRECTOR: Janet Mace
CIS PROJECT COORDINATOR: Bonnie Woodson
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER: Gary Johnson
ZONING ADMINISTRATOR: Annika Santalahti
PLANNING DIRECTOR: Joel Fick
TRAFFIC AND TRANSPORTATION MANAGER: John Lower
A complete copy of the agenda for the m~eeting of the Anaheim City Council was
posted at 3:30 p.m. on September 24, 1993 at the Civic center kiosk,
containing all items as shown herein.
Mayor Daly called the workshop portion of the meeting of September 28, 1993 to
order at 3:05 p.m., all Council Members being present.
City Manager James Ruth. He introduced the first presentation - the Customer
Information System (CiS) as proposed by the Utilities Department.
175: PB~SENTATION- CUSTOM_~R INFORMATION SYSTEM (CIS} - UTILITIES:
Mr. Ed Aghjayan, General Manager of Public Utilities introduced the Data
Processing Director, Janet Mace, the project manager.
Janet Mace, Data Processing Director. Twenty years ago the system was a
utility billing system. It is still functionally the same. The proposed
system is a true customer information system which will be used by other
departments in the City as well to provide accurate information. She then
introduced Bonnie Woodson, Manager of Customer Services in Utilities.
Bonnie Woodson, Manager, Customer Services. (The dual presentation by both
Mrs. Mace and Woodson was supplemented by slides, hard copies of which were
submitted - see, Replacement of Customer Information System, September 1993 -
made a part of the record.) She briefed tho n~/reasons for replacing the
new system, the first being, the new system is very cost effective. "Lack of
on-l£n~ ~~ ~n~y and ~oal time Dr0ce~in~ are imDactin~ customer service
response time." The new system can cut the processing time down to half.
Customer service transaction totals covering 1993 are projected at 450,000, up
from 409,000 in 1992 and a considerable increase from 262,000 in 1988.
Mrs. Mace and Woodson then alternately briefed the remaining slides, documents
which covered the status of the present system and mainframe capabilities,
replacement alternatives, a detailed explanation on the selection process for
hardware and software most suited to Utilities/City's needs, evaluating the
vendor market, etc., leading to selecting & finalist in negotiating the
contract. The reasons for choosing HTE were also explained - HTE, while the
least cost solution, met 90 - 95% of the needs. The Cost Benefit Analysis
Summary (1993-2003) shows an average annual benefit of $778,615, a total
savings over 10 years of $7,786,155, net present value savings of $5,399,293,
total one time costs of $3,120,444 and a cost/benefit ratio of 2.5.
671
City Hall t A-aheimr California - COUNCIL MINUTES - SEPTEMBER 28, 1993 - 5:00 P.M.
The payback period for total project cost is 3.9 years. The system will
provide information at a keystroke and give faster and.more complete
information. Mrs. Woodson emphasized they are in the process of developing
programs and competitive rates. The system will allow them to generate the
kind of information needed to assess those things and give the competitive
edge in order to stay at the forefront of their pricing and rates.
Mrs. Mace in closing explained that although this is a Utilities project,
there are impacts to the General Fund and those impacts are quite positive.
The Treasurer's Office had to buy a new cashiering system within the next year
or so at a cost of approximately $150,000 for a stand alone system. By
incorporating that into this package, the Utilities Department is funding the
AS 400, the computer itself, as well as the base software to handle
cashiering. Cashiering will also be tied to the Utilities Customer'
information base. There is a long list of things which she will not go
through at this time but it is important to emphasize at least the potential
for revenue enhancements. The Fire Department believes that they can market
the Paramedic subscription program more effectively by having this software in
place. They also feel there is an expansion opportunity for other
departments. HTE is a software vendor that specializes in government
software. They offer code enforcement systems, building permit systems and a
number of other package8 that could be of use to the General Fund departments
if funding becomes available to do that, all'run on the same computer system.
Expansion capabilities in the future are virtually unlimited.
Questions were then posed by Council Members revolving around the benefits of
the system to other departments, a clarification of the cost savings, reasons
for the increase in service transactions, time frame for implementation of the
system, specifics of the agreements involved, resulting revenue enhancements
and user departments, etc.
Council Member Simpson. He commended staff for the outstanding job they have
done and is particularly pleased with the 3.9 year payback which he feels is
incredible; Mayor Daly stated that is based on the assumption that the cost
savings is $800,000 a year.
City Manager Ruth stated that staff will be monitoring the cost savings.
City Manager Ruth then introduced the next workshop presentation to be given
by Mr. Gary Johnson.
131: PRESENTATION - SR-91 EXPRESS LANES PROJECT - PUBLIC WORKS=
Gary Johnson, Public Works Director and City Engineer. This is the second
such presentation - the first time was when the project was under development.
Now the project is under construction. He introduced Mr. Frank Wilson, Frank
Wilson and Associates to describe the project, the project schedule, some of
the impacts there may be to Anaheim residents and businesses and how they will
be mitigated.
Frank Wilson, Frank Wilson and Associates, Millcreek Drive, Laguna Hills. He
first introduced Dennis Davis who is in charge of construction of the
91 Express Lanes. It is approximately a ten-mile project linking carpool
lanes in Riverside County with carpool lanes on the 91 Freeway just west of
the Santa Aha River by constructing four lanes in the center median. Because
it is a median involvement, there is not a lot of outside widening and thus
not a lot of impact on adjacent properties. The project is scheduled to be
completed in December, 1995. At that time, the motorist will be able to
purchase a small coaster size transponder, place it behind the vehicle mirror
672
City Hall, A, aheim, California - COUNCIL MINUTES - SEPTEMBER 28r 1993 - 5=00 P.M.
and for about $1.75 average, will have a clean, smooth drive from one end of
the 91 to the other. They have been working closely with OCTA, Caltrans and
Anaheim to mitigate any problems the City might have.
Dennis Davis. Through the procurement process, they were able to modify the
major detour arrangement in the 55 - 91 area and change the construction
schedule from 42 months to 29 months. He gave the details as to the reasons
why the change was possible. He also stated that they had a few sound walls
to build out against private property areas but the work is basically all in
the median. They are 2~ months into the project and three weeks ahead of
schedule thus far.
Questions were then posed to Mr. Davis by Council Members relative to specific
steps being taken to mitigate the impact to homeowners specifically .those in
the Riverdale area, the impact of traffic restrictions and how those are
planned to be mitigated, that residents who will be affected by the
construction of sound walls, pile driving or any phase of construction will be
notified on a one-to-one basis, etc. Mr. Wilson emphasized their commitment
is to resolve problems or issues at the outset. Residents and businesses can
call 1-800-600-9191 when they have concerns.
Mr. Wilson than explained that this will be one of the first tests of
congestion pricing in the United States. If the facility is too congested,
people will not use it. It is a supply and demand situation. They want to
keep it free flowing so that there is value to the patron. The toll is
expected to go down significantly during off-peak hours, .50¢ or so. During
peak hours, the cost will go up. Motorists approaching the facility will see
the prices before hand in order to make a decision. Cars with three or more
passengers will ride the lane free.
Mayor Daly then posed questions regarding signage programs. If they can work
out advance communication systems, that is crucial; Frank Wilson answered
questions relative to signage. They are working with Caltrans on this issue
and sharing the experience they had with complaints in the City of Santa Aha
relative to the I-5 widening and the resolution of those concerns.
In closing, Gary Johnson stated that the project will not have the impact they
are going to see when the I-5 is widened through the City which he feels will
be dramatic. The Lakeview traffic restriction discussed today is not of great
concern since his department has a good plan to mitigate and handle any
impacts. This project should go fairly smoothly as explained since most of
the construction is taking place in the median area of the freeway.
Mr. Wilson submitted for Council's information prior to the workshop a booklet
enti~led~"$~a~e R0u~e 91 Express Lanes" which contained a fact sheet,
photographs and additional information on the project, an historical overview,
and the principals involved in the project - made a part of the record.
The workshop portion of the meeting of September 28, 1993 was concluded.
'BECESS - FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items, including the addition of Item (g)
which he announced as well.
a. To confer with its Attorney regarding pending litigation
pursuant to Government Code Section 54956.9(a) to wit:
673
City Hall r Anaheim, California - COUNCIL MINUTES - SEPTEMBER 28, 1993 - 5:00 P.M.
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.
b. To meet with the City's Real Property Negotiator concerning
acquisition or disposition of certain real property interests
for property located generally at Douglass Road, owned by
Herb Douglass and Ted Douglass.
c. To meet with and give directions to its authorized
representative regarding labor relations matters - Government
Code Section 54957.6.
d. To consider and take possible action upon personnel matters
pursuant to Government Code Section 54957.
e. To confer with its attorney regarding potential litigation
pursuant to Government Code Section 54956.9 (b) (1).
f. 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.
g. To meet with the City's negotiator concerning possible
acquisition of lease hold interest in the Lowe School site
from the Magnolia School District and subsequent lease to the
Los Angeles Rams Football Company.
RECESS: Council Member Simpson moved to recess into Closed Session. Council
Member Daly seconded the motion. MOTION CARRIED. (3:55 p.m. )
AFTER RECESS.' The Mayor called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(5:25 p.m.).
INVOCATION: Reverend Stanley A. Quebe, Zion Lutheran Church, gave the
invocation.
FLAG SALUTE: Council Member Fred Hunter led the assembly in the Pledge of
Allegiance to the Flag.
119: P~SENTATION B~COGNIZING WILLI~24 SELL -- CERTIFIED MUNICIP;tL FINANCE
ADMINISTRATOR~
Mr. William 8e11, ~he City's Business License Collector was p~esen%ed w£~h a
plaque by Mayor Daly in recognition of conformance to the specified standards
of the Municipal Finance Administration as established'by the Municipal
Treasurer's Association of the United States and Canada. It is awarded to
those who through their knowledge and understanding of public finance have
successfully carried out their duties within the Treasury Management
Association. Mayor Daly and Council Members congratulated Mr. Sell who
accepted the plaque and commended him on his award.
119: PBRSENTATION R_RCOGNIZING R_RPORT ON THE R~COLLECTIONS OF RALPH CLARK:
Mr. Bill Griffith, Library Director, gave the background on the Oral History
program of Cal State Fullerton which actually is no longer being done.
674
City Hallr A, aheim, California - COUNCIL MINUTES - SEPTEMBER 28r 1993 - 5:00 P.M.
Anaheim has a number of oral histories which were completed under the program
which are now part of the Anaheim history room collection. Elizabeth Schultz
who has done so much for the history program in Anaheim conceived the idea
that they should record the recollections of former Anaheim Mayor and Orange
County Supervisor Ralph Clark and get them on paper. It has been a long time
in coming but it is now complete, beautifully bound and tonight is to be
presented to Mr. Clark.
Mayor Daly. He thereupon presented Ralph Clark a copy of the recollections of
Ralph Clark as commissioned by the Anaheim public library. It is his honor on
behalf of the Council and citizens to present this document to Mr. Clark.
Mr. Ralph Clark stated it was a pleasure for him to be Present this evening
and to receive the report. He then recalled some of the momentous occasions
and decisions he was involved in during his tenure as Councilman and Mayor of
Anaheim as well as during his 16 years as a County Supervisor with Anaheim
being the major City in his district. He also told of the fact that he was on
the review board when now Council Member Hunter was applying for the Anaheim
Police Department and that Mayor Daly was his intern when he was County
Supervisor. In closing, he thanked everyone for the privilege and pleasure of
being present this evening and for the special presentation.
119: THE FOLbOWING WERE R_~COGNITIONS AUTHORIZED BY THE_ CITY COUNCIL THIS DATE
TO BE MAILED OR PRESENTED AT ANOTHER TIME:
Recognizing Toast~asters' Month, in Anaheim, October, 1993
Recognizing Pollution Prevention Week, in Anaheim, October 4-10, 1993
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,887,820.25 for the
period ending September 24, 1993, in accordance with the 1993-94 Budget, were
approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (5: 36 p.m. )
Mayor Daly reconvened the City Council meeting. (5:39 p.m. )
ITEMS OF PUBLIC INTEREST:
Julie Mayer. She is present because she has a concern on behalf of the
Anaheim Arts Council as the City's local Arts Agency. It is regarding the
mural created by Emigidio Vasquez at the north Anaheim Boulevard location
(Sanch0's Restaurant). The concern is ~ha~ ~he mural ma~ be compromised or
painted out, Several other murals have been covered over or painted out due
to lack of communication between the property owner and the agencies in the
City which oversee the murals. She heard that Sancho's Restaurant had moved.
When she saw that parts of the mural where being stuccoed over, she informed
the property owner's agent and the rental management company that the murals
are protected by California State Law for Arts Preservation. They had also
contacted another artist to look at the mural. She also informed them that
they had to go back to the original artist. They cannot alter another
artist's work. She subsequently talked to Planning, the City Attorney and the
Parks and Recreation Department which leads to her request tonight that the
Council intercede in the matter. It appears that no City department feels
they have jurisdiction over public art or all the art activities. She
requested that the Council perhaps direct the City Attorney to write a letter
to the property owner informing him that the murals are protected by
California State Law as also are the artist's rights. The murals were created
675
City Hall, ~nahe!_~, California - COUNCIL MINUTES - SEPTEMBER 28, 1993 - 5=00.P.M.
with Block Grant funding in the 1980's and an Anti-Gang Graffiti program for
community youths. The respect for both the artist and the youth is very
important to the community as well as beautification. She has a copy of the
California Arts Preservation Law if it is needed.
Answering the Mayor, City Attorney White stated he had not personally spoken
to Mrs. Mayer on the matter but it was undoubtedly a member of his staff.
There are two sections in the Civil Code of California Law, 987 and 989,
relating to preservation of public art. Section 987 gives a right to the
artist to the preservation of his/her art work regardless of who the owner of
the work may be. The artist retains the right to make sure the work of art is
not defaced, demolished or destroyed without the artist's ability to preserve
it. That statute basically creates the rights in the artist. It does not
give the City the right to represent the artist to make sure it is preserved.
The most that could be done under that section is to locate the artist, make
him aware and let him assert his right. Under Section 989, where the artist
cannot be located or does not want to preserve the right, it gives non-profit
organizations interested in art that have as part of their creed or charter
the protection of public art, the ability independently to seek redress to
obtain an injunction for damages where the artist himself does not assert his
rights. It does not say the City has the right to do that on behalf of that
group. He does not know the relationship the City may have to the art in
question whether agreements with the owner of the property or with the artist
but can look into that. Mrs. Mayer recommended that a letter be sent to the
property owner informing them of the law. That can be done and anybody can do
that. Probably the most efficacious would be to locate the artist and have
him assert his rights under the State statute. He would be happy to look into
whatever relationship the City has in this regard; Mrs. Mayer confirmed for
the Mayor that she agreed it was a step in the right direction.
Mayor Daly. He asked that the City Attorney summarize the situation in
writing - the City's options and various alternatives for the Council's
information.
Michael Blanco, 424 N. Philadelphia, Anaheim. He stated it is recall time.
He has two recall notices for two Council Members - the first to Mr. Feldhaus.
He is present to serve him with a notice of intention to circulate a recall
petition. Second, he is present also to serve Mr. Simpson with a notice of
int~nti0n to circulate a recall Detiti0n. He asked ~ha~ ~r. Whi~e pass ~he
notices to Mr. Feldhaus and Simpson.
City Attorney White. Under the law he (Blanco) is required to make service.
He (White) cannot do that. He suggested it be done at a break or some other
appropriate time.
Mayor Daly. He asked Mr. Blanco, if he wanted to serve the notices, that he
do so at a break or after the meeting. That would be a better way to handle
it.
City Attorney White. The statute also provides that it can be mailed by
certified mail.
Michael Blanco. He then read the notices containing grounds for the proposed
recall for both Council Member Feldhaus and Simpson.
676
City Hall, Anaheimr California - COUNCIL MINUTES - SEPTEMBER 28, 1993 - 5:00 P.M.
Karen Winkle, a group of thirty are present representing Anaheim residents
living adjacent to Sante Fe Railroad tracks and where an additional track is
being constructed. The trains will now pass less than five yards uphill from
some of their properties. They are concerned for their safety. Because an
EIR was waived, there are many public health and safety issues. They are
specifically addressing the issue of a sound wall. They are asking that the
sound wall be installed to decrease the noise level and to prevent hazardous
waste from spilling down their slope or onto the Woodsboro School field. It
will not stop a derailment but will help mitigate it. They believe safety and
environmental issues would make them a priority over other public
improvements. Sante Fe Railroad has requested to have a dialogue with City of
Anaheim officials and OCTA about the matter. At the end of the meeting, they
would like to present petitions containing approximately 368 signatures
requesting~sound walls.
Mayor Daly. Some of the Council Members have seen the correspondence and
understand what the residents want and are asking for. He asked if any
clarification is needed.
Council Member Pickler. He has had conversations and communication with Karen
Winkle and also Nick a gentlemen who is with the group. Staff is also working
on the matter. As he expressed, the resident's concerns are the City's
concerns as well. He told Mrs. Winkle to proceed with what she is doing. He
is going to help in resolving the problem.
Mrs. Winkle confirmed for the Mayor that there has not been a formal meeting
with City staff and the other involved agencies and Council Member Pickler is
in the process of inviting them to such a meeting.
City Manager Ruth. Staff is prepared to meet with them and based on direction
from the City Council to take the initiative and work with the affected
agencies to see if they can be helped.
Mayor Daly. He wants to be certain that the City Manager has the name,
address and phone number of Mrs. Winkle in order to coordinate and schedule a
meeting to discuss the strategy and where the funding may lie - whether
Caltrans, OCTA or whatever. After that meeting, staff will inform the Council
of what strategy emerges.
Greg Hatfield. He has been living adjacent to the tracks for 17 years and
acknowledges that he moved in knowing there was a train track behind his
house. He then submitted three photos showing what happens now to his
property every time it rains. (The picture showed the drainage from the area
of the tracks going into his backyard.) He has contacted Sante Fe Railroad
and the City but has not been successful in having anything done in the way of
property maintenance or improvement on the railroad property and now they want
to run a new set of tracks through which will be 25 feet from his fence.
A sound wall would be the least that can be done to help the residents.
Eugene DiLuigi, 6263 Northfield. His concern is also for the health, safety
and welfare of the residents between Imperial Highway and Weir Canyon Road.
They are concerned about the new construction of the new track which will
677
City Hallf A-_ahei_mr California - COUNCIL MINUTES - SEPTEMBER 28r 1993 - 5:00 P.M.
bring added rail traffic and Metro Link traffic. He is also a licensed
general contractor and has put together photographic evidence. He thereupon
submitted to the Council a booklet entitled, "Photographic Survey of Sante Fe
Rail Extension Project" dated September 27, 1993. It contained eight pages of
colored photographs with narratives Showing the proximity ~ the proposed new
track to the Northfield Avenue residents and the Friendly Village Mobile Home
Park reducing the distance to 20 feet from property lines ~n Northfield and
closer in other areas; the drainage culvert recently installed, the design of
which will direct drain water into the residents properties; the general
congestion in the area; etc. Their concerns are relative to sound, possible
derailments and hazardous materials spills and the only barrier at present is
red wood fencing. Safety and quality of life are foremost;-
Kat'hy Wright. She lives in the Friendly Village Mobile Home Park, 75 feet
from the existing tracks. Twenty years ago when she moved into the park,
there was a minimal amount of traffic on the line, but over time the number of
trains has increased. She then reported on a.meeting held in 1979 or 1980
with a representative of the City of Anaheim, Yorba Linda, the Santa Fe
Railroad, the owner of the park, the manager and herself. [At that time, they
addressed the problem of not having a sound wall. The mob.ile home park and
the housing tract next door were the only two properties without a sound wall.
They had "slipped through the cracks" and they could not make the need for a
8ound wall retroactive upon the developer. She then explained the situation
relative to the widening of Esperanza Road to a major road to accommodate the
development on what was once the Yorba Ranch and Yorba Linda. The bottom line
was when and if the time ever came, the City, Santa Fe and the City of Yorba
Linda would work together to resolve the problem that should not have been
there to begin with. Relative to the noise level, Lisa Stipkovich who still
works for the City was involved at the time. The residents were going to buy
the park and one of the requirements for that to happen as stated in the EIR
was that they had to construct a sound wall. A sound study was done at that
time which is probably still available in the City records. Even at that
time, the noise was way above healthy sound levels.
Council Member Pickler. With reference to the railroad crossing at Esperanza
and Imperial, the City Manager, Planning Commission, Gary Johnson, the Public
Works Director and John Lower the Traffic and Transportation Manager will be
working on the issue and will be in touch with the residents. Hopefully
together they can resolve the problem.
PUBLIC COMMENTS - AGENDA ITEMS:
Public input received on Items A9, All, A16, A17 and A19 (see discussion under
those items).
MOTIONs.. CounGil Member Pickler moved to waive reading in full of all
ordinances and' resolutions to be acted upon for the Council meeting of
September 28, 1993. Council Member Feldhaus se~on~e~ the motion. MOTION
CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR:. On motion by Council Member
Hunter, seconded by Council Member Pickler, 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 No. 93R-195 for adoption and offered Ordinance
Nos. 5396 and 5397 for introduction. Refer to Resolution Book.
Al. 105: Receiving and filing minutes of the Community Redevelopment
Commission meeting held August 4, 1993.
678
City Hall f A, aheimr California - COUNCIL MINUTES - SEPTEMBER 28r 1993 - 5:00 P.M.
A2. 123: Approving an Agreement with P & D Technologies, in an amount not to
exceed $85,500 for engineering design services to widen and rehabilitate
Anaheim Boulevard from Ball Road to Cerritos Avenue.
A3. 123: Approving a First Amendment to Agreement with IW.A Engineers, in the
amount of $20,000 to provide administrative, coordination, ~and support
services for freeway projects. ~
_
_
A4. 167: RESOLUTION NO. - ...... .: Expressing interest in participating in a
countywide signal pre-emption system"
Opposing the use of Measure M funds for the Countywide signal pre-emption
system.
Council Member Pickler. He is asking for a two-week continuance on this item.
He has no problem with the first part of the resolution but a problem with the
proposed use of Measure M funds. He would like time to get additional
comments from Police and Fire.
Council Member Pickler moved to continue~ the subject proposed resolution and
the use of Measure M funds for the-countywide signal pre-emption system for
two weeks to October 12, 1993. Council Member Hunter seconded the motion.
MOTION CARRIED.
AS. 123= Waiving Council Policy 401, and approving an Agreement with Boyle
Engineering Corporation, for a fixed fee of $87,684 to complete final design
of a pedestrian undercrossing and other preliminary engineering services for
the Anaheim Stadium AMTRAK/Commuter Rail Station.
A6. 123: Approving a Sublease Agreement for office space rental at Anaheim
Stadium between the City of Anaheim and Mickey Thompson Entertainment Group.
A7. 123: Approving a Sublease Agreement for office space rental at Anaheim
Stadium between the City of Anaheim and Orange County Sports Association.
AS. 106: Approving $12,191,966 of expenditure appropriations and $10,521,739
of revenue appropriations from fiscal year 1992/93.
A9. 150.' ORDINANCE NO. 5396 - INTRODUCTION..:.. AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING SECTION 13.08 BY ADDING SECTION 13.08.100 AND SUBSECTIONS
13.08.020.220 AND 13.08.020.230 TO TITLE 13 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO USE OF PUBLIC PARKS. (Anti-Drug Ordinance. )
scott stevens. He is congratulating the Council ahead of time on their yes
vote on this ordinance. It is a step in the right direction. He is speaking
on behalf of the Somebody Group. He knows that people who intend to visit the
City's parks are greatly appreciative although it may be challenged.
Mayor Daly. They will still need the help of Mr. Steven's Group to make it
successful.
Al0. 123: Authorizing a Second Amendment to Agreement with Edwin Webber,
Inc., extending the term of the agreement to 12/31/93, for weed-abatement
services.
All. 123: Approving an Agreement with WCO Hotels, Inc., dba Disneyland
Hotel, for additional police services on a year-to-year basis.
679
City Hall, ~ahe£_m, California - COUNCIL MINUTES - SEPTEMBER 28, 1993 - 5:00 P.M.
Mr. Jeff Kirsch, 2661 W. Palais Road, Anaheim. Noted while reimbursement to
the City is for the actual salary and 8%, there is no mention of large benefit
costs which have been the subject of discussions in the past when
privatization of certain City functions is proposed. He feels more attention
needs to be paid to the adequacy of the agreement.
A12. 184: Reviewing the need for continuing the Proclamation of the
Existence of a Local Emergency issued by the Director of Emergency Services on
September 7, 1993, and ratified by the City Council on September 14, 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.
A13. 123: Approving a First Amendment to Agreement with KPMG Peat Marwick,
and authorizing the City Manager to execute amendments for additional work as
may be necessary to an annual maximum of $25,000 for outside auditing
services.
Al4. 123= Approving an Agreement with~ Ken Thompson, Inc., for emergency
water system services as recommended by the Public utilities Board at their
meeting of September 9, 1993, and authorizing the Public Utilities General
Manager to execute said Agreement.
A15. 175: ORDINANCE NO. 5397 - INTRODUCTION: AN ORDINANCE OF THE CITY OF
ANAHEIM ADDING SUBSECTION .080 TO SECTION 1.04.730 OF CHAPTER 1.04 OF TITLE 1
OF THE ANAHEIM MUNICIPAL CODE ESTABLISHING A PUBLIC UTILITIES HEARING BOARD.
(For the purpose of making the final determination on any unresolved billing
disputes. )
B_~SOLUTION NO. 93R-195:. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF
ELECTRICITY AS ADOPTED BY RESOLUTION NO. 71R-478 AND AS MOST RECENTLY AMENDED
BY RESOLUTION NO. 93R-178 AND AMENDING RATES, RULES AND REGULATIONS FOR THE
SALE AND DISTRIBUTION OF WATER AS ADOPTED BY RESOLUTION NO. 72R-600 AND AS
MOST RECENTLY AMENDED BY RESOLUTION NO. 93R-185. (To amend Rules 5 and 10 of
the Electric and Water Rates, Rules and Regulations designating the PUB
Hearing Board as the final appeal body for disputed utility bills.)
Council Member Feldhaus voted no on this it~.
City Attorney White. If the Council approves the resolution under Item A15,
it will go into affect upon the adoption and effective date of the ordinance
which is being introduced this evening and will be acted upon next Tuesday.
Al6. 123: Approving a First Amendment to Agreement with MICON, Inc., in an
amount not to exceed $146,000 and extending the term of the Agreement for the
continuing management of the final phases of the Customer Information System
(CIS) project, as recommended by the Public Utilities Board at their meeting
of September 9, 1993.
Marilyn Hauk, Vice President, Anaheim Municipal Employees Association (AMEA).
She is speaking to Item A16 only as it relates to Item Al7 regarding the
Customer Information System (CIS) for Utilities. A lot of employees who have
worked for the City for quite a while are familiar with the last time there
was an attempt to install a Customer Information System and some of the
failures that occurred. In June, 1987, the Council approved a contract with
National Computer Corporation for $2 million dollars and it was scrapped when
nearly completed. The question is why. She questioned if they are going to
have to call in the contractors each time there is a problem because the
68O
City Hall r A, aheim, California - COUNCIL MIhlFT~S - SEPTEMBER 28, 1993 - 5:00 P.M.
contractor does not provide for training of City staff, will they be losing
quality control, why buy software that cannot be run on the mainframe but will
require the purchase of the AS400, why not upgrade the mainframe, etc. These
are only a few of the unanswered questions, the main one being what happened
to cause the failure of the last CIS project and what is being done to prevent
the same from happening again.
Mayor Daly. He asked what mechanisms are in place to ensure the City gets its
money's worth from the investment as well as to monitor the ongoing cost
savings in future years from the new system.
City Manager Ruth. As outlined in the report, there is a substantial annual
savings to the City of around $800,000 a year and the investment is paid back
in 3.9 years. Five positions will eventually be eliminated as a result of the
contracts and implementation of the program. Staff will be monitoring those
cost savings on an annual basis and can report back to the Council as those
cost savings occur.
Mayor Daly. He asked for clarificatio~ if an annual report on the operation
and success of the new system will be provided to the Council-.
City Manager Ruth. They can do that. One of the cost reductions is an
outside contract services and the elimination of certain data entry positions
over a period of time. They can monitor the program easily and report back
annually assuring the cost savings recommended in reality are achieved.
A17. 123: Waiving Council Policy 306 and approving hardware purchase and
software license agreement with the following vendors for the purpose of
licensing, installing and implementing the fully-integrated Customer
Information (CIS), Cashiering and Meter Reading Systems:
HTE, Inc., - for systems software, cash register hardware,
implementation services, training and modification
programming, in an amount not to exceed $634,095 plus
applicable taxes; and
International Business Machines, CoFpo~ation (IBM) - AS/400
hardware, operating software, peripher&l oqui~ent, training
and implementation services, in an amount not to exceed
$961,353 plus applicable taxes; and
ITRON, Inc., - hand-held meter read£ng and data collection
hardware, operating software, implementation services, and
training, in an amount not to exceed $159,306 plus
Authorizing the Public Utilities General Manager to enter
into agreements with ITRON, Inc., for annual hardware and
software maintenance services in accordance with the terms
of the Service Agreement.
Authorizing the Data Processing Director to enter into
agreements with HTE and IBM for annual hardware and software
maintenance services, in accordance with the terms of the
annual support and maintenance service agreements.
Authorizing the Public Utilities General Manager to enter
into future agreements for acquisitions of peripheral
equipment needs which will include personal computers, local
use printers, and production printing services and/or
681
City Hall, ~_~aheim, California - COUNCIL MINUTES - SEPTEMBER 28, 1993 - 5=00 P.M.
equipment not to exceed $390,000 which is allocated in the
1993/94 budget for Public Utilities in Capital Project 6793.
(See discussion under Item A16 relating to this item. )
A18. B~COMMENDATION TO APPROVE THE FOLLOWING:
123= A ground lease between Herb Douglass and Ted Douglass and the
City of Anaheim for public parking facilities adjacent to the Anaheim
Arena.
149: The construction, maintenance and operation of a public parking
facility on the County of Orange Katella Maintenance Yard, .located on
the south side of Katella Avenue (Site 2).
149: The construction, maintenance and operation of a public parking
facility on property located north of the former County Transfer
Station, and west of Douglass Road (Site 3).
169: The construction of certain street improvements: Cerritos
Avenue from Sunkist to Douglass Road; and on Douglass Road from
Cerritos Avenue to north of Katella Avenue.
This item was continued from the meetings of September 14 and September 21,
1993 to this date.
City Manager Ruth. Staff has requested an additional continuance to Tuesday,
October 5, 1993; the item was continued in accordance with staff's request.
Roll Call Vote on Resolution No. 93R-195 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Hunter, Pickler, Simpson, Daly
COUNCIL MEMBERS: Feldhaus
COUNCIL MEMBERS: None
The Mayor declared Resolution No. 93R-195 duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
A19. 000: PUBLIC INPUT DISCUSSION - SOLID WASTE COLLECTION AND DISPOSAL
SEWER MAINTENANCE AND STREET CLEANING SERVICES:
To consider a resolution to adopt a new fee schedule of sanitation charges
(solid waste collection and dis~mosal, sewer maintenance and street cleaning
services; and to repeal Resolution No. 92R-101.
This matter was continued from the meeting of September 21, 1993 to this date.
Submitted was report dated August 27, 1993 from Deputy City Manager/Director
'of Maintenance, Tom Wood recommending approval of a revised schedule of fees
for solid waste collection and disposal, sewer maintenance and street cleaning
services.
Mayor Daly. The Council had a workshop last week regarding this proposal (see
minutes of September 21, 1993).
682
City Hall, ~naheim, California - COUNCIL MINUTES - SEPTEMBER 28, 1993 - 5:00 P.M.
City Attorney White. Under State law, any time fees are increased, it is
necessary to publish a notice in the newspaper and to hold what the statute
terms as a public meeting and to receive any public testimony at that meeting.
There may be other people who wish to testify under this item. Ne recommends
before taking action that the Mayor ask if there is anyone who wishes to add
additional comments to that of Mr. Kirsch which are already in the record
given under public comments on agenda items.
Mr. Kirsch's comments were as follows=
Jeff Kirsch, 2661 W. Palais, Anaheim. He is speaking for the rate payers. In
these hard economic times, the rate payers are being asked to pay more money.
It is not for any direct cost of providing service but because somebody's
profits on recycled material sales failed to meet expectations. He then
elaborated on his concerns and concluded by asking why rate payers should
contribute more money for lost profits. He also gave some suggestions on how
he believes money can be saved. The present agreement should be looked at.
It is too generous to the contractor. The rate payers are the first resort.
He asked that the Council consider that in their vote.
Mayor Daly. He asked if there are any additional comments from any member of
the public~ there was no response.
Mayor Daly. He wants to point out that they had received quite a bit of
background support material and that this is the first proposed increase in
trash fees over a 30 month period. He also thanked Tom Wood for his thorough
background report to the City Council in addition to the information supplied
at the workshop on September 21, 1993.
Council Member Hunter offered Resolution No. 93R-196 for adoption, adopting a
new fee schedule of sanitation charges and repealing Resolution No. 92R-101.
Refer to Resolution Book.
R~_SOLUTION NO. 93R-196: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING A NEW FEE SCHEDULE OF SANITATION CHARGES AND REPEALING
RESOLUTION NO. 92R-101.
Roll Call Vote on Resolution No. 93R-196 for adoptions
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Resolution No. 93R-196 duly passed and adopted.
A20. 137/123: PUBLIC HEARING - ANAHEIM M~_MORIAL HOSPITAL ASSOCIATION
R~EFINANCING - $46 MILLION...'.
TEFRA hearing in connection with Certificates of Participation refinancing, in
accordance with the requirements of Section 147(f) of the Internal Revenue
Code of 1986.
Submitted was report dated September 17, 1993 from the Finance Director,
George Ferrone recommending that the Council hold the subject hearing as well
as recommending approval of the proposed resolutions and by motion approving
an agreement with Jones Hall Hill & White as bond counsel regarding the sale.
683
City Hall r Anaheim, California - COUNCIL MIFdTES - SEPTEMBER 28, 1993 - 5:00 P.M.
Mayor Daly opened the hearing and asked to hear from anyone who wished to
speak on the subject of the Anaheim Memorial Hospital Refinancing with any
cost involved reimbursed 100% by the hospital; no one wished to speak.
The public hearing portion was closed.
Council Member Daly offered Resolution No. 93R-197 for adoption, approving the
execution and delivery of an Installment Sale Agreement for the purpose of
providing refinancing for certain health facilities and Resolution No. 93R-198
for adoption approving the form and authorizing the execution of certain
documents in connection with the installment sale refinancing of health
facilities for Anaheim Memorial Hospital Association and directing certain
actions with respect thereto. Such resolution will=
Approve the First Installment Sale Agreement (Security Agreement)
relating to health facilities, to be dated as of October 1, 1993,
between the hospital and the City (the First Installment Sale
Agreement ).
Approve the Second Installment Sale Agreement (Security Agreement)
relating to health facilities, to be dated as of October 1, 1993
between the City and the Hospital (the Second Installment Sale
Agreement ).
Approve the Trust Agreement relating to health facilities, to be
dated as of October 1, 1993, among Bank of America National Trust and
Savings Association, Los Angeles, California (the Trustee), the City
and the Hospital (the Trust Agreement).
Approve the First Assignment Agreement relating to health facilities,
to be dated as of October 1, 1993 between the City and Hospital.
Approve the Escrow Deposit and Trust Agreement, to be dated the date
of delivery of the Certificates of Participation, among Bank of
America National Trust and Savings Association; as escrow bank
thereunder, the City and Hospital, relating to the refinancing of the
1990 Agreement and the refunding of the 1990 Certificates (as such
terms are defined in the Trust Agreement).
Approve the Contract of Purchase, to be dated the date of sale of the
Certificates of Participation, by and among the Underwriter, the
Hospital and the City.
Approve the form and distribution of a Preliminary Official
Statement.
Approve and authorize the distribution by the Underwriter of a
Preliminary Official Statement to prospective purchasers of the
Cert i f icates.
Authorize and direct the Finance Director to deem "final" the
Preliminary Official Statement prior to its distribution by the
Underwriter; and
Authorize the Finance Director to execute certain documents
referenced in the Resolution.
Refer to Resolution Book.
684
City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 28, 1993 - 5:00 P.M.
B__~SOLUTION NO. 93R-197: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING THE EXECUTION AND DELIVERY OF AN INSTALLMENT SALE AGREEMENT
FOR THE PURPOSE OF PROVIDING REFINANCING FOR CERTAIN HEALTH FACILITIES.
B_ESOLUTION NO. 93R-198: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS
IN CONNECTION WITH THE INSTALLMENT SALE REFINANCING OF HEALTH FACILITIES FOR
ANAHEIM MEMORIAL HOSPITAL ASSOCIATION AND DIRECTING CERTAIN ACTIONS WITH
RESPECT THERETO.
Roll Call Vote on Resolution Nos. 93R-197 and 93R-198 for adoption:
AYES:
NOES:
ABSENT .'
COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 93R-197 and 93R-198 duly passed and
adopted.
MOTION: Council Member Daly moved to approve an agreement with Jones Hall
Hill & White as Bond Counsel regarding the sale of Certificates of
Participation for the purpose of refinancing' the project at a fee for legal
expenses of approximately $50,575 which includes their out-of-pocket expenses.
Council Member Simpson seconded the motion. MOTION CARRIED.
BO~ AND COMMI$SION ITEM:
A21. 105: APPOINTM_RNT TO THE COMMUNITY SERVICES BOARD:
Appointment to the Community Services Board for the new term expiring June 30,
1997 (Dexter). This matter was continued from the meeting of September 14,
1993 to this date.
City Clerk Sohl. One additional candidate was added to the list today and
that is why the .Council has a recopied list along with the new application.
Council Member Pickler nominated Frank Rosales.
Council Member Daly moved that nominations be closed. Council Member Simpson
seconded the motion. MOTION CA/~/~IED.~
Frank Rosales was thereupon unanimously appointed to the Community Services
Board for the term expiring June '30, 1997.
ITEMS BI - B9 FROH THE__ p.T..a~qNING COJO(ISSION ~ETINO OF SEPTEMBER 8, 1993
INFORMATION ONLY - _A?P~a~ PERIOD __ENDS SEPTEMBER 30, 1993:
B1. 155/184: FINAL SUPPLEMRNT~L ENVIRONMENTAL IMPACT REPORT NO. 316,
DEVELOPMRNT AGREEMENT NO. 93-01:
OWNER: California State Teachers' Retirement System, a public entity,
7667 Folsom Boulevard, Sacramento, CA 95826
AGENT: O'Connor Realty Advisors, Inc., Attn: Mike Strle, Vice
President, 11601Wilshire Boulevard, Los Angeles, CA 90025
Donahue Schriber, 3501 Jamboree Road, Ste. 300, Attn: Brad Deck, Vice
President, Development, South Tower, Newport Beach, CA 92660
685
City Hall r ~-aheimr California - COUNCIL MI .NUTES - SEPTEMBER 28, 1993 - 5=00 .P.M.
LOCATION: 444-600 North Euclid Street. Property consists of two
irregularly-shaped parcels of land: Parcel 1 consists of approximately
38.25 acres bounded on the north by Crescent Avenue, on the east' by
Loara Street, on the south by the Santa Ana Freeway (Interstate 5), and
on the west by Euclid Street (Anaheim Plaza). Parcel 2 consists of
approximately 8.82 acres located at the northeast corner of Crescent
Avenue and Euclid Street, having approximate frontages of 620 feet on
the north side of Crescent Avenue and 640 feet on the east side of
Euclid Street.
To consider Development Agreement No. 93-01 between the City of Anaheim
and the California State Teachers Retirement System, a public entity,
relating to the development of the subject property.
ACTION TA~RN BY THE PLANNING COMMISSION:
WITHDRAWN BY THE APPLICANT.
Council Member Hunter left the Council Chamber. (6:38 p.m. )
B2. 179: .WAIVER OF CODE B_~QUIB_~M~NT, CONDITION_AL USE PERMIT NO. 3623 AND
NEGATIVE.. DECLARATION
OWNER: Frank and Sarah Minissale, 111 South Mohler Drive, Anaheim, CA
92808.
LOCATION: 111 South Mohler Drive. Property is approximately 1.2 acres
located at the southwest corner of Santa Ana Canyon Road and Mohler
Drive.
To permit a 94-bed convalescent facility with waiver of minimum number
of parking spaces.
ACTION TA~_~N BY THE PLANNING COMMISSION:
CUP NO. 3623 GRANTED, IN PART, (subject facility shall be limited to a
maximum of eighty beds (PC93-99) (4 yes votes, 2 no votes, i absent).
Waiver of code requirement DENIED (6 yes votes, I absent).
Approved Negative Declaration (6 yes votes, i absent).
Council Member Feldhaus. He is unclear on whether the use was approved for 80
or 89 bids. Page 5 of the documents refers to 80 bids instead of 94 as
advertised or 89 bids as revised following the adjustment. Item 11 says it is
limited to a maximum of 80.
Annika Santalahti, Zoning Administrator. It was approved for 80 units and
that was the second revision that occurred during the Planning Commission
procedure. The advertisement was for 94, it went down to 89 and then was
approved for 80 only.
Council Member Feldhaus asked if the parking stays at 71 as required by code;
Annika Santalahti. It is essentially the same. The parking waiver was
denied.
B3. 179: WAIVER OF CODE B~QUIBRM~NT, CONDITIONAL USE PERMIT NO. 3615 AND
NEGATIVE DECLARATION:
OWNER: Feder Family Limited Partnership, Attention: David and Susi
Feder, 1000 E. Katella Avenue, Anaheim, CA 92805
AGENT: Donald Krotee Partnership, 515 N. Main Street, $200, Santa Ana,
CA 92701
LOCATION: 1815 South Lewis Street. Property is approximately 0.58
acre having a frontage of approximately 235 feet on the west side of
Lewis Street and located approximately 275 feet south of the centerline
of Katella Avenue.
686
City Hall f Anaheim~ California - COUNCIL MINUTES - SEPTEMBER 28t 1993 - 5=00 P.M.
To retain "industrially related" retail sales of furniture in
conjunction with an existing furniture warehouse with waiver of minimum
number of parking spaces.
ACTION TA~E_N BY THE PLANNING COMMISSION:
CUP NO. 3615 GRANTED, for one year to expire 9/8/94 (PC93-100) (6 yes
votes, i absent).
Waiver of code requirement APPROVED.
Approved Negative Declaration.
B4. 179: WAIVER OF CODE ~EQUI~__E~ENT~ CONDITIONAL USE PERMIT NO. 3630 AND
NEGATIVE DECLARATION :.
OWNER: Julia R. Amaral, P.O. Box 9415, San Rafael, CA 95912
AGENT: Michael Cho, 160 Centennial Way, Ste. 8, Tustin, CA 92680
LOCATION: 1168 S. State College Blvd. Property is approximately 1.3
acres located at the southeast corner of Almont Avenue and State
College Boulevard.
To permit a 15,744-square foot public dance hall with the on-premise
sales and consumption of alcoholic beverages in conjunction with an
existing restaurant with waiver of minimum number of parking spaces.
ACTION TA~N BY THE PLANNING COMMISSION:
CUP NO. 3630 GRANTED (PC93-101) (6 yes votes, I absent).
Waiver of code requirement Approved.
Approved Negative Declaration.
Mayor Daly stated he had questions on this item~ Council Member Pickler stated
he was going to request that it be set for a hearing.
Mayor Daly. He wanted to know if there are any requirements for on-site
security.
Annika Santalahti, Zoning Administrator. The Police Department was involved.
While there are specific conditions, approval was for one year to see how the
activity will work out.
Joel Fick, Planning Director. In addition to the one year, there were some
conditions added at the request of the Police Department such as Condition 8
requiring the applicant to 'provide uniformed security guards in the parking
lot.
council Member Pickler. His concern is relative to parking. He wants to know
w~e~ eh~y ar~ going eo ~ark. There i~ a 10t of residential in the area as
well as a lot of traffic going to the Stadium. He is concerned that they
might be over extending the area with this activity. The facility was only a
restaurant before and now a dance hall is being proposed. The restaurant had
alcohol previously but tieing it in with a dance hall, he has some concerns.
He feels a dance hall is broadening the scope otherwise they could do what
they want to do.
Annika Santalahti. Relative to parking, in the strictest sense, there are 111
spaces on site. However, the center it is located in includes property to the
west and some to the south with another 365 spaces in the overall shopping
center that patrons could get to but the spaces around the building are more
easily accessible. They did not identify any other locations in the public
hearing. There were no people present from the residential area and the
required notices were sent.
687
City Hall, A~aheim, California - COUNCIL MINUTES - SEPTEMBER 28, 1993 - 5:00 P.M.
Council Member Pickler. There is dancing there now and they serve food and
liquor. He asked why do they need the conditional use permit.
Annika Santalahti. If there is dancing in connection with dinner, they can
have dinner dancing but with dancing for a cover charge or ~ntry fee and no
meals, then the Zoning code requires that they process a p._ublic hearing.
.
Mayor Daly. He has concerns about the parking as well whi_.~dh seems to be
unclear. It says.that the number of required parking spaces will be
determined by a parking study. He asked if that had taken place.
Annika Santalahti. The parking study has been conducted and Traffic
Engineering has reviewed it.
John Lower, Traffic and Transportation Manager. The study was completed and
approved by his staff. It was done by a private consultant. It showed a
total of 476 spaces in the center. Actual traffic counts collected during the
peak hours showed demand at 232 which is the existing deman, d.
·
Mayor Daly. They have far less spaces than that on their o. wn property. Also,
the space immediately to the east 'is the.space he inquired about when the
County asked for a waiver of a 60-day notice from the City.~ to establish an
11,000 square foot mental health facility (see minutes of September 14 and
September 21, 1993) which is a new land use in the same shOpping center. The
hours hopefully will be different than the dance hall but he feels it warrants
a look.
Joel Fick. A point he would make about parking in general, site
investigations indicated that some of the surfacing of the lot was cracked and
needed repair and restriping. The Planning Commission looked at that .and
added a condition with respect to the character of the parking lot as well
(Condition 12 ).
Mayor Daly. Council Member Pickler has requested that the item be set for a
hearing and he will support that request.
It was determined that there would be a review of the Planning Commission's
decision as requested by Council Members Pickler and Daly, and therefore, a
public hearing would be scheduled at a later date.
B5. 179: CONDITIONAL USE PERMIT NO. 3178 AND NEGATIVE DECLARATION:
OWNER: Abdul-Hafiz Atam, 2100 N. Broadway, Santa Aha, CA 92706
AGENT: Architecterra, Inc., 1043 W. Civic Center Drive, Santa Ana, CA
92703
LOCATION: 1211-1245 ~. Knott ~tree~. Property is approx£mately 4.9
acres located at the southwest corner of Ball Road and Knott Street.
Petitioner requests review and approYal o£ rev£s~ plans ko perm~ a
24,293-square foot (previously 25,303 square foot) expansion to an
existing commercial retail center.
ACTION TA~_N BY THE pLANNING COMMISSION:
Revised Plans for CUP NO. 3178 APPROVED (PC93-102) (6 yes votes, 1
absent ).
Negative Declaration Previously Approved.
B6. - 179.' VARIANCE NO. 4233, CATEGORICALLY EXEMPT, CLASS 11.'..
OWNER: Penske Truck Leasing, 610 E. Ball Road, Anaheim, CA 92805
AGENT: James MacMillian, Inc., 8540 Commonwealth, Buena Park, CA 90621
688
City Hall~ An_aheim, California - COUNCIL MINUTES - SEPTEMBER 28, 1993 - 5:00 P.M.
LOCATION: 610 and 620 E. Ball Road. Property is approximately 4.17
acres located on the south side of Ball road and approximately 960 feet
west of the centerline of Lewis Street.
To construct an 8-foot high, 55-square foot, monument sign with waiver
of permitted location of freestanding signs. ~
ACTION TA~_~EN BY THE PLANNING COMMISSION: '
Variance No. 4233 GRANTED (PC93-103) (6 yes votes). _
REPORTS AND RECOMMENDATIONS:
.
B7. 179: CONDITIONAL USE PERMIT NO. 1855 - REOUEST FOR PLANNING COMMISSION
INITIATION OF TERMINATION OR MODIFICATION PROCEEDINGS:
INITIATED BY: City of Anaheim
LOCATION: 1701 North Blue Gum Street.
. To consider initiation of termination or modification proceedings (to
permit a car leasing facility with waiver of require.d enclosure of
·
outdoor uses).
ACTION TA~_~N BY TH_E PLANNING-COMMI.SSION:
Initiated procedure for possible revocation or modification of
Conditional Use Permit No. 1855.
BS. ~79: PROPOSED CODE A~-~ND~NT PERTAINING TO VARIOUS ZONING PROCEDURES
CONTAINED WITHIN CHAPTERS 18.03~ 18.10~ AND 18.12:
ACTION TAK~__N BY THE PLANNING COMMISSION=
Recommended adoption to City Council with further amendments.
See item B10.
B9. 179= CONDITIONAL USE PERMIT NO. 3606 - REVIEW OF REVISED PLANS FOR
SUBSTANTIAL CONFORMANCE FINDINGS=
REQUESTED BY.' Les E. Lederer
LOCATION: 1440 South Anaheim Boulevard.
Petitioner requests review of revised plans for substantial conformance
findings for Conditional Use Permit No. 3606 (to permit the on-sale and
consumption of beer and wine within a proposed restaurant) in an indoor
swapmeet.
ACTION TAKE~N BY THE PLANNING COMMISSION:
Revised Plans for CUP NO. 3606 were ~ound ko be in sub~ean~ial
conformance.
END OF THE PLANNING COMMISSION ITEMS.
B10. 179: ORDINANCE NO. 5395 FOR ADOPTION: Adding and/or amending various
sections and subsections of various chapters of Title 18 of the Anaheim
Municipal Code relating to zoning procedures. (Introduced at the meeting of
September 21, 1993, Item B4.)
Council Member Daly offered Ordinance No. 5395 for adoption. Refer to
Ordinance Book.
689
City Hallr Anaheim, California - COUNCIL MINUTES - SEPTEMBER 28r 1993 - 5=00 P.M.
ORDINANCE NO. 5395..=. AN ORDINANCE OF THE CITY OF ANAHEIM ADDING AND/OR
AMENDING VARIOUS SECTIONS AND SUBSECTIONS OF VARIOUS CHAPTERS OF TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING PROCEDURES.
Roll Call Vote on Ordinance No. 5395 for adoption.:.
AYES:
NOES:
ABSENT '.
COUNCIL MEMBERS: Feldhaus, Pickler, Simpson, Daly
COUNCIL MEMBERS = None
COUNCIL MEMBERS: Hunter
The Mayor declared Ordinance No. 5395 duly passed and adopted.
Bll. 179: ORDINANCE NO. 5398 FOR INTRODUCTION: Amending Title 18 to rezone
property under Reclassification No. 91-92-19 located at 1320 - 1382 E. Auto
Center Drive from the ML zone to the CL zone.
Council Member Pickler offered Ordinance No. 5398 for first reading.
ORDINANCE NO. 5398: AN ORDINANCE OF T~E CITY OF ANAHEIM AMENDING TITLE 18 TO
REZONE PROPERTY UNDER RECLASSIFICATION NO. 91-92-19 LOCATED AT 1320 - 1382 E.
AUTO CENTER DRIVE FROM THE ML ZONE TO THE CL ZONE.
Cl. 108: OBD~NANCE NO. 5399 - PROPOSED SEX-ORIENTED BUSINESS ORDINANCE:
Recommendation of the CitY Attorney that the Council adopt an ordinance
amending in its entirety, Chapter 18.89 of Title 18 of the Anaheim Municipal
Code, and various other provisions of the Code relating to zoning for
Sex-Oriented Businesses.
This matter was continued from the meeting of September 14, 1993 to this date.
Submitted was report dated September 23, 1993 from the City Attorney relative
to the proposed ordinance recommending adoption of the ordinance as revised.
This report supplements and restates the prior memorandum dated September 7
and September 13, 1993 concerning the subject (made a part of the record).
City Attorney White. Before the Council tonight is a comprehensive revision
of the City's adult entertainment business ordinance. The title has been
changed to sex-oriented businesses and the substantive changes are outlined in
the September 23, 1993 staff report.
The City Attorney then briefed portions of his extensive 7-page report,
specifically pages 3 and 4, which gave a summary of the proposed ordinance and
the major provisions (see Items i thru 6). He also elaborated upon the
distance requirements and the reasons for recommending the 400 foot
requirement from residential zones or uses instead of the 750 feet. Two maps
were ~0s~ed on ~h~ Chm~r wall prepared by the Plannin~ Department - one was
prepared using the current separation of 450 and the other 750 feet. The
courts provided that in addition to having the correct terminology in the
ordinance, there must be a legitimate number of locations available so as not
to adversely affect the ability of the uses to find locations within the City.
At 750 feet there are 11 areas where such businesses can be located and at 400
feet, 22 areas. The dots on the maps indicate the locations of the ten
existing sex-oriented businesses. After removing all of the areas protected
or excluded, it is his opinion the 22 areas available at the 400 foot distance
comply with all the legal requirements and would be defensible by his office
in court. He is, therefore, recommending that the Council consider the
introduction of the ordinance with the 400 foot limitation which is currently
the code requirement. The majority of the 22 areas are located in the
690
City Hall, Anaheimr California - COUNCIL MINUTES - SEPTEMBER 28r 1993 - 5:00 P.M.
industrial zones. The courts require if these businesses are to be located in
zones other than commercial, those areas not only have to be legally zoned for
those uses, but the areas have to practically be available. His staff has
worked with the Planning Department, Police Department, Redevelopment as well
as the City Treasurer's Business License Department to prepare the ordinance.
He expressed his thanks to those departments for their much needed support and
help and especially to the Zoning Administrator, Annika Santalahti who did the
lion's share of mapping of the areas.
O~DINANCE NO. 5399 - INTRODUCTION: Amending various provisions of Title 3,
Title 4 and Title 18 of the Anaheim Municipal Code relating to sex-oriented
businesses.
Council Member Feldhaus offered Ordinance No. 5399 for first reading.
ORDINANCE NO. 5399: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS
PROVISIONS OF TITLE 3, TITLE 4 AND TITLE 18 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO SEX ORIENTED BUSINESSES.
Council Member Feldhaus. He noted that staff did look into his suggestion
about prohibiting these businesses and areas where there are senior citizen
homes and convalescent hospitals. Staff felt that they are well protected and
none were affected.
City Attorney White. Based upon the findings analyzing the locations of the
senior citizen homes and convalescent hospitals, there is no location not
currently protected by the distance requirements which could be added by
making an additional restriction. These are located basically in residential
areas.
Mayor Daly. He appreciates the diligence applied to this endeavor. In the
wake of the City's setback in the courts a few months ago, they are very
hopeful that the new ordinance will accomplish the best protection for the
residents of Anaheim.
Chairman Daly reconvened the meeting of the Anaheim Redevelopment Agency, all
Agency Members being present with the except£on of Agency Member Hunter.
(7=00 p.m.)
D1. 161: JOINT PUBLIC HEARING - REDEVELO~NT ~GEN~/CITY COUNCIL.:
To consider the Area 5 Disposition and Develo~nt Agreement between the
Anaheim Redevelopment Agency and Kaufman and Broad of Southern California,
Inc., indicating the terms and conditions of the sale of certain real property
within Redevelopment Project Alpha. Area 5 Disposition and Development
Agreement is for the construction of 66 townhomes and 85 single-family homes
on the site which is bounded by Lincoln Avenue on the north, Broadway on the
south, East Street to the east and the Atchison, Topeka and Santa Fe Railroad
right-of-way to the west.
Submitted was report dated September 28, 1993 from the Community Development
Director recommending a two-week continuance of the subject public hearing.
.
Chairman/Mayor Daly. Staff has recommended a two-week continuance on this
item and he assumes that recommendation still stands. He then asked if anyone
wished to speak; there was no response.
MOTION: Council/Agency Member Daly moved to continue the subject Joint Public
Hearing for two weeks to October 12, 1993. Council/Agency Member Simpson
691
City Hall, ~aheim_, California - COUNCIL MINUTES - SEPTEMBER 28, 1993 - 5:00 P.M.
seconded the motion. Council/Agency Member Hunter was absent. MOTION
CARRIED. (7:01 p.m.)
ADJOURNMRNT - RE_DEVELOPMENT AGENCY: Agency Member Daly moved to adjourn,
Agency Member Simpson seconded the motion. Agency Member Hunter was absent.
MOTION CARRIED. ( 7: 01 p.m. )
C2 · COUNCIL COMMENTS :..
114: COMMRNT ON PROPOSED NOTICE OF INTENTION TO RECALL:
Council Member Simpson. This is the second time in his life he has been
accused of something and does not have the slightest notion of what it is
about. He and Council Member Feldhaus apparently have been targeted, for
recall. It seems from what Mr. Blanco said that the two of them have
conspired to down grade all of the neighborhoods in Anaheim precisely contrary
to what he said he would do when he was elected to the Council. Since he had
been around politics his entire life, he was not foolish enough to make
promises as to what he would or would not do. The one promise he did make and
he made it consistently is that he would do everything he could to increase
the-number of members of the gang unit in the Police Department. That was
done, not single handedly but it was accomplished. He made no other campaign
promises. He did say that he would work to maintain the integrity of
neighborhoods and to the best of his knowledge he has done that. He is,
therefore, stunned by this move.
114: BRQUEST TO PB~PAB~ AGG_R~_SSIVE BEGGING ORDINANCE: Council Member
Pickler. He would like to have the City Attorney bring back a draft of an
ordinance relating to begging - an aggressive begging ordinance. One problem
is persons begging in medians where there is a great deal of traffic. He
feels they are leaving themselves open to problems if this continues. He
would like an ordinance prepared for discussion purposes that will eliminate
some of the problems relating to begging.
City Attorney White. He has given a report to the Council about two possible
ordinances. One is to prohibit solicitation of any type - begging or selling
flowers or oranges or whatever in the public rights of way where it is
directed at vehicles moving on the public streets. The other is what he would
term as the aggressive begging ordinance which would be an ordinance that
would meet the language of Blair vs. Shannan the Federal case a year or so ago
which threw out the State statute relating to begging. He can do both of
those or either one, whichever the Council wishes. He is hearing two things,
the aggressive begging terminology and also the rights of way directed at
medians.
Council Member Pickler. He would like to see a draft prepared on an
aggressive begging ordinance.
Council Member Feldhaus suggested that the City Attorney check with Seattle,
San Francisco and San Diego on their ordinances.
City Attorney White. He has the San Francisco and San Diego ordinance and
feels he can modify those in a way the Council would consider favorable.
San Francisco has had the ordinance close to a year and has made hundreds of
arrests but they have not prosecuted a single person under that ordinance. He
believes he can bring back an ordinance that will have definite standards
that relate to types of conduct that would be considered aggressive begging.
692
City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 28, 1993 - 5:00 P.M.
Council Member Feldhaus. In San Francisco, they are trying to make a
transition and that is why they did not prosecute. They wanted to put people
on notice.
114: CONTINUATION OF GRAFFITI PROGRAM:
Council Member Feldhaus. The Council three months ago asked the City Manager
if he could come up with $25,000 for a special program to address the graffiti
problem in Anaheim. Code Enforcement took the reins and began an aggressive
program. The third report was submitted recently showing continued success.
The program is into its forth month but the $25,000 is about exhausted. With
all of the good results with the program, he would ask that the Council give
consensus to finding another $25,000 to continue the program.
Council Member Pickler. He suggested that staff come back with a report on
what has transpired and to see where staff thinks they can come up with
another $25,000.
Mayor Daly. Council Member Feldhaus is suggesting that the program continue
and that the Council direct staff to find the money. He asked if the final
assessment had been done as to the success of the program. He saw a progress
report and has not had a chance to read it in its entirety.
City Manager Ruth. Staff will submit a "wrap up" with their recommendation.
The program met with more success than anticipated. Everybody has been
commenting that citywide, graffiti is down. Police and Code Enforcement have
done a good job. There has been a lot of citizen participation. It is
working.
Mayor Daly. He asked that staff recommend ways of continuing to fund the
program. This is the program where civilian observers stationed in
neighborhoods augment the police forces.
114: GOLF OPERATIONS:
Mayor Daly. The Council has previously discussed golf operations in a public
workshop session (see minutes of August 24, 1993). He had wanted to try to
make a decision one way or the other. Council Member Pickler had expressed
interest in obtaining more information.
Council Member Pickler. He would like to wait at least another week before
any further discussion on the matter.
161: JOINT M~ETING WITH TM~ COMMUNITY REDEVELOPMENT COMMISSION, TUESDAY,
OCTOBER 5, 1993:
City Clerk Sohl reminded the Council of the joint meeting with the Community
Redevelopment Commission next Tuesday at 2:00 p.m., and that today's Council
meeting is to be adjourned to 2:00 p.m., October 5, 1993 for the joint
meeting. She also asked what items the Council would like to see on the
agenda.
.Mayor Daly. He and Council Member Feldhaus met with the Redevelopment
Director last Tuesday and talked about the potential agenda - an update on
Anaheim Plaza, update on the Proposed Brookhurst Street Redevelopment project
area, the South Anaheim Boulevard Redevelopment program which is linked to the
North Lemon Street Redevelopment program as well as any other issues that need
to be discussed.
693
City Hall r ~-aheimr California - COUNCIL MINUTES - SEPTEMBER 28r 1993 - 5:00 P.M.
Council Member Simpson. There is a piece of legislation proposed that might
be worthwhile discussing as well. It is a proposal that makes redevelopment a
pass through (AB1290).
Mayor Daly. Mrs. Stipkovich also had a couple of other items, an additional
one being a status report on the Proposed Kaufman & Broad Townhomes in the
downtown redevelopment area.
ADJOURNMENT: Council Member Daly moved to adjourn to Tuesday, October 5, 1993
at 2:00 p.m. for a joint meeting with the Community Redevelopment Commission
to be follOwed by the regular meeting of October 5, 1993 starting with a
Closed Session at approximately 3:30 p.m. and the public portion at 5:00 p.m.
Council Member Simpson seconded the motion. Council Member Hunter was absent.
MOTION CARRIED. (7: 14 p.m. )
LEONORA N. SOHL, CITY CLERK
694