1992/06/02City Hall, Anaheim, Cal£forn'la - COUNCIL NINIA'ES - ,YUNE 2r 1992 - 5**00 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ASSISTANT CITY CLERK: Ann M. Sauvageau
POLICE CHIEF: Joseph Molloy
CITY TREASURER: Mary Turner
PLANNING DIRECTOR: Joel Fick
UTILITIES GENERAL MANAGER: Edward Aghjayan
ZONING ADMINISTRATOR: Annika Santalahti
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 4=00 p.m. on May 29, 1992 at the Civic Center kiosk, containing all
items as shown herein.
Mayor Hunter called the workshop portion of the meeting of June 2, 1992 to
order at 3:07 p.m.
City Manager James Ruth. The workshop today is a presentation by the Chairman
and Co-Chairman and various members of the Gang/Drug Citizens Task Force. The
task force has tried to address what they consider to be a high priority in
the Community - the gang and drug problem. The report being submitted is for
Council's consideration. He introduced Police Chief, Joseph Molloy.
Police Chief, Joseph Molloy. His presentation is to give an overview of how
they got to where they are today in presenting the Gang/Drug Citizens Task
Force report (June, 1992) to the Council. The report speaks for itself. He
then briefed the introduction to the report, statement of purpose and gave the
background and effort put forth since the time the City Manager directed the
formation of a City task force to develop recommendations for dealing with
drug and gang problems in Anaheim. The problem of gangs and drugs affects
every community in the nation. In Anaheim over the years the problem seems to
be increasing with youths in the street that do not have a lot of guidance for
whatever reason. The report identifies what are considered the key issues
along with recommended actions. They took the "holistic" approach in
addressing three major strategies - prevention - intervention and suppression.
The consensus was that the problem can be effectively addressed only through a
partnership of Anaheim citizens, schools, non-profit youth service
organizations, churches, the business community and City services. The task
force felt the strategies presented showed a credible approach for doaling
with the problem in a community-wide comprehensive venture. The task force
met last Tuesday for the final review, to comment and to come to a consensus
on the final report being presented to the Council today. It was an
exceptional effort on everybody's part. To his knowledge, this is the first
comprehensive report by any city in the County. Many people played an
important part, but there were several outstanding individuals - Roger Baker,
Captain, Police Department; Steve Swaim, Community Services Superintendent and
Mark Deven, Recreation Superintendent. They put a tremendous amount of time,
effort and hard work into the final product. To give an idea of the
commitment on the part of everyone involved in the development of the report,
there were 54 meetings of two to five hours and more. They submit the report
for Council review, consideration, comments or anything else. They appreciate
Council's support and the City Manager's support. The report is considered to
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City H&11, Anaheim, California - COUNCIL MINUTES - JUNE 2, 1992 - 5~00 P.M.
be a living document. Mr. Keith Olesen, Chairman and other members of the
task force are present today.
Keith Olesen, Chairman, Gang/Drug Citizens Task Force. Nothing he has been
involved with in the City approaches the magnitude of the effort put forth on
the report either in importance or response. A few points need to be
reiterated and emphasized. One of the things is the holistic approach to the
problem as mentioned by Chief Molloy. The report is the result of very
wide-spread response from the community. The task force was wide in range
with diverse opinions, starting points and perspectives but evolved into a
very strong consensus and committed approach. There is a problem and
something needs to be done and done now. There is no single, simple answer.
The only solution is a combined focused effort. One of the things the report
brings out is the idea of a focal point for these efforts - a coordinator to
be appointed or hired to work through the City Manager's office. There is no
other way but to have the City take that leadership role. The committee also
decided not to say goodbye, but adjourned until the "next time". They have
committed themselves to remaining in force and to help in any way they can
with implementation, suggestions, answers, questions. There are a lot people
willing to do a lot of things. Everybody has bought into it and committed
themselves to being a part of the solution. He thanked the Council for the
opportunity to give the report to them. He urged that they attack the problem
now. Within the last 48 hours, there were three gang related shootings within
a 5 mile radius of the Civic Center. The time is now. It is not going to be
easy or cheap. It is needed and needed now.
Mayor Hunter. The Council cannot really respond appropriately to the amount
of work that has been put forth on this effort. On behalf of the entire
Council, he thanked each and every member of the task force and all those
involved. It is an historical event for the City to come together - schools,
churches, the City and now it is time for the Council to look at the final
product to determine how they can implement the program. He likes the word
"stake holder" as used in the report because they are all stake holders in the
community.
John Rodenbauer, 604 N. Clementine, Anaheim. He represents the Anaheim
Churches of Orange County Congregation of Community Organizations (OCCCO).
They have 20,000 member families from Anaheim Hills to the east to the western
edge of the City. They are present today to show support for the gang and
drug task force strategy which has been presented. Three years ago, the
Council adopted a resolution calling for the development of a comprehensive
strategy to address the drug epidemic. The request for the development of a
comprehensive study was made because their research with over 75 public
officials revealed that the drug and gang epidemic was growing and that
creative and imaginative approaches were needed to solve and stem the
epidemic. They came back last July and asked for the Council's leadership in
'authorizing the City Manager to develop a comprehensive gang and drug
strategy within 90-days. This past January, they worked with City Manager
Ruth to bring the City Manager from San Diego to Anaheim to share how that
city developed a Neighborhood Pride and Protection Program. In February, they
had over 300 members participate in the public forums held by the task force.
They have been committed to the development of a comprehensive strategy for
the past three years. They are present today to share one message - the time
for adoption and implementation of the Anaheim gang and drug strategy is now.
Reverend Steve Mather. This is an historic moment and the culmination of the
· '~ ~rts of many citizens and groups to raise a vision of what Anaheim can be.
~:..~ is an opportunity to say there is a chance to affirm the vision of a
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City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 2, 1992 - 5500 P.M.
democratic society that can look at problems that face it and make some
significant changes. Today not only the Presbyterian Church but other
congregations in OCCCO want to propose to create a partnership with the City
Council in the difficult task of evaluating the report. They want the Council
to consider the report in total and pass on it as a total package. This is a
chance to affirm and celebrate a great milestone in the life of the City.
Chief Molloy is right in saying this could be a model for other cities,
counties and the state. On behalf of the organization, they would like to be
as supportive of the Council as possible in seeking creative ways to tap
Utilities funds to find ways to raise the cap on those funds to address some
of the proposed projects and the second would be to find creative ways to use
Redevelopment funds. There is no choice but to do some of the ambitious
projects proposed.
Mayor Hunter noted that the names of the people on the task force were not a
part of the report and he asked that Council get a list of those names.
City Manager Ruth. That was by the request of the task force. He will be
happy to provide the list.
Mayor Hunter. He has had the opportunity to read over the City of San Jose
and Oakland memorandums which he gave to the City Attorney requesting that his
office look at the data and determine whether or not in some form
Redevelopment Agency resources can be used to implement some of the programs
outlined in the Gang/Drug Task Force report. These two cities did get
creative and applied some redevelopment resources directed to the youth. He
asked that the matter be researched; City Attorney White stated he would be
happy to do so.
City Manager Ruth. There are two grants currently pending. One is for
$900,000 through the Federal Department of Health and Human Services and the
second from the State Office of Criminal Justice Planning for $500,000. Both
have been filed within the past two months. Four members of staff spent the
entire Memorial Day weekend putting the grant application together because of
the deadline and submitted it. They are to be highly commended.
Council Member Ehrle. Looking at some of the data in the report, there is no
question the City has a problem. He is not going to merely receive the report
and put it on the shelf and wait until the money comes in. As budget hearings
approach in the next few weeks and months, it is necessary to find the vehicle
to make it happen. He then posed questions to staff answered by Chief Molloy.
Council Xember DAly. In fa£rnes8 Co the Council, they received the report
last evening although they have seen bits and pieces prior to that. He has
seen the bulk of the report previously but the dollar figures and some of the
fine details are new to the Council as of yesterday. There are many questions
- the report comes to the Council from a Citizens Advisory Committee. He
agrees with the Mayor the members of the task force should be listed
prominently in the report as a thank you and salute to all their work. He
asked to what extent the report would be circulated.
Chief Molloy stated that since there have been many requests from other
cities, he would expect that the report will be distributed far and wide and a
age can be inserted listing the task force members.
Council Member Daly. He feels it would be appropriate for the City Manager to
summarize what portions of the report are in the current budget package, when
will the Council be considering that budget package and how they make
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C£ty llall, Anahe£m~ 'Cal£forn£a = COUNCIL MINUTg$ - ~ ~ 1992 - 5:00 P.M.
financial decisions in the City and who makes them. In talking to some of the
leaders of the OCCCO group over the past several months, it is a point that
comes up repeatedly. This is really not a recommendation today from the City
Manager who is the Chief Administrator. It is a task force report that comes
from a Citizens Advisory Committee staffed primarily by the Police Chief with
the cooperation of other department heads.
City Manager Ruth. The Council makes the determination on how to allocate
resources through the budgetary process. The purpose today is to submit the
comprehensive report to the Council recognizing that they have had very little
if any time to review it. It has significant financial impacts to the City.
Staff has diligently looked at the City's current resources. Not only was the
budget short in 1991 - 1992 by $1,500,000 to balance the current budget, but
out $1,000,000 for the next year. They have delicately attempted to balance
that budget. The hearings are to be conducted on June 9 and June 16 which
will be public meetings in the Council Chamber. It is expected that the
budget will be adopted on June 16, 1992. Staff has worked diligently to
balance the budget with limited resources. He would like to emphasize
$22,500,000 has been cut out of the budget over the past two years and they
have eliminated or abolished 174 positions. They have attempted to keep
Police and Fire whole. The Council took a dramatic step forward recently with
the increase in the Transient Occupancy Tax (TOT) augmented with funding
through drug forfeiture funds. As a result, they will add 12 additional
police staff focused on the CAP and Drug and Gang Task Force. That is the
immediate impact going into effect July 1 and is in the Resource Allocation
Plan (budget). Grants have been submitted to supplement those resources.
Another concern is what is going to happen on the State level. Cities adopt
their budgets in mid-June. The State may not adopt their budget until July or
August. The State budget is currently about 10.7 billion dollars out of
balance and the question is whether the State is going to try to balance the
budget on the backs of cities and what will that impact be. It is conceivable
Council wall have to reopen the budget in late July or August. As of right
now, there is a balanced budget which will be submitted to the City Council on
June 9. The comprehensive plan submitted today is a great framework for
addressing the gang and drug problem in the City. As resources become
available and the Council looks at the priorities of the City, those issues
will be addressed accordingly.
Keith Olesen. The increase in the TOT was a good start. The only time the
statement that there is a shortage in the budget remains true is if priorities
remain status quo. The money may not be at the level they would like to see
for everything the City needs, but there is money in the budget in income and
revenues. The only thing that has to change to make these things a reality is
priorities which have been voiced by the community.
Council Member Pickler. He cannot go along with that. The priorities are
there. They have changed priorities. With the report they want to continue
to do that. As the City Manager stated, they will have an opportunity to do
so and the City Manager will get direction to work with the Council and do
whatever can be done to institute what is contained in the report.
Council Member Daly. Following up on what the Mayor stated, he would like
staff to look at the Redevelopment funding possibility. One of the best
things about a project like this is that they can look at success stories and
creative ideas from other cities. Things like day-care centers and assisting
YMCA programs have been funded out of Redevelopment. It is one revenue stream
that hopefully will continue and possibly grow. It .:'~ a new idea for Anaheim.
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City Hallo Anaheim, 'California - COUNCIL MINUTES - JUNE 2. 1992 - 5~00 P.M.
RECESS - CLOSED SESSION: City Attorney Jack White requested a Closed Session
to consider the following items and adding an additional item, Item F as
listed below=
a. To confer with its attorney regarding pending litigation pursuant
to Government Code Section 54956.9(a), to wit:
Golden West Baseball Co. vs. City of Anaheim, Orange County Superior
Court Case No. 40-92-46~ Anaheim Stadium Associates vs. City of
Anaheim, et al., Orange County Superior Court Case No.
44-81-74.
City of Anaheim vs. Ertzen Associates, Inc., et al., Orange County
Superior Court Case No. 55-75-40.
Foriner vs. City of Anaheim, Orange County Superior Court Case No.
66-15-44.
b. To meet with and give directions to its authorized representative
regarding labor relations matters - Government Code Section
54957.6.
c. To consider and take possible action upon personnel matters
pursuant to Government Code Section 54957.
d. To confer with its attorney regarding potential litigation
pursuant to Government Code Section 54956.9(b)(1).
e. 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.
f. To meet with the City's negotiator concerning possible
disposition of real property located within the City owned by
Anaheim Hotel Associates, 1855 S. Harbor Blvd.
City Attorney White noted that the additional item was not on the printed
agenda and will require a finding to act by a 4/5ths vote of the Council.
MOTION: council Member Hunter moved to recess into Closed Session, Council
M~mb~r Dal¥ ~cond~d th~ motion. MOTION CARRIED. (~:~ ~.m. )
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
'(5:30 p.m.).
INVOCATION: Mary L. Hibbard, Anaheim United Methodist Church, gave the
invocation.
FLAG SALUTE: Council Member Tom Daly led the assembly in the Pledge of
Allegiance to the Flag.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Hunter
~nd authorized by the City Council:
Heritage Day at Oak Canyon Nature Center, Sunday, June 7, 1992
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C£t¥ Hall~ Anahe£~a~ Cal£forn£a - COUNCIL MINUTES - JUNE 2~ 1992 - 5~00 P.M.
AIDS Walk Day in Anaheim, June 14, 1992
119: DEC~TION OF RECOGNITION: A Declaration of Recognition was
unanimously adopted by the City Council and presented to Peter Aguirre for his
accomplishments in the field of boxing having won District, State and Western
Regional Tournaments as a member of the Anaheim Boxing Club.
119= DECLARATION OF CONGRATULATIONS: A Declaration of Congratulations was
unanimously adopted by the City Council to be presented to Mrs. Meta Teegarden
who will celebrate her 90th birthday on June 3, 1992 and also thanking her for
enriching the culture in Anaheim.
~!9: PRESENTATION - CERTIFICATES OF R~_COGNITION FOR HOMELESS SHELTER
VOLUNTEERS: Steve Swaim, Community Services Superintendent introduced the
thirty-seven City of Anaheim Volunteer Shelter Managers. Their volunteerism
and effort made it possible for the shelter (National Guard Armory in
Fullerton) to be operational thirty-four nights sheltering homeless men, women
and children. The minimum was a 7-hour shift and many of the City employees
spent the entire night at the shelter after completing their regular shifts.
The following people were then presented with certificates and personally
commended by Mayor Hunter and Council Members:
Melanie Adams, Jim Armstrong, Roger Banowetz,
Teresa Banowetz, Robert Berg, Tim Campbell, Mark Deven,
Jackie Dudek, Debbie Fank, Cheryl Flores, Richard Garcia,
Greg Hastings, Sharon Hepburn, Dave Hill, Barbara Johnson,
Chris Jarvi, Stanley S. Kantor, Michelle Kline,
Richard LaRochelle Sr., Guy R. Lefebvre, Susan Leone,
Michael Leiendecker, Sanjuana Martinez, Kathy McCarthy, Joe
Mohammed, John Poole, Marge Pritchard, Sue Richmond,
Angie Spencer, Lee Sohl, Lynn Smith, Anthony Stashik,
Russ Stevens, Steve Swaim, Greg Trombely, Louie Vecchione,
Bonnie Woodson
119: DECLARATIONS OF RECOGNITION: Declarations of Recognition and
Commendation were unanimously adopted by the City Council and presented to
Mr. Joe Weeks, Larry Keith and Bill Spehn for their outstanding service to the
Winter Homeless Shelter Program. Each of the gentlemen have contributed over
700 hours, "to ensure the success of the Annual Winter Homeless Shelter
Program at the Fullerton National Guard Armory for over 8,700 homeless men,
women and children". Mayor Hunter and Council Members personally commended
Mr. Weeks, Keith and Spehn noting that without their efforts, such worthwhile
and necessary programs would not be possible.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,258,078.13 for the
period ending May 22, 1992 and $3,640,386.95 for the period ending May 29,
1992, in accordance with the 1991-92 Budget, were approved.
Mayor Hunter recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (5: 48 p.m. )
Mayor Hunter reconvened the City Council meeting. (6:15 p.m. )
PUBLIC COMMENTS - AGENDA ITEMS: Marilyn Hauk spoke on Item A27 (see
discussion under that item).
ITEMS OF PUBLIC INTEREST:
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C£t¥ Hall~ Z~uaheim~ C&liforn:i.a - COUNCIL MI~$ - ,Yt.INE 2, 1992 - 5:00
Gina Hainline, 318 S. Helena, Anaheim. With all the bad publicity currently
relative to Police Officers, she feels it is important to relay an experience
they had recently with the Anaheim Police and its positive nature. She then
relayed an incident which involved her daughter who was lost for the good part
of a day and how she was assisted by many personnel in the Police Department
and Police Officers. She also named those who were involved. The effort
resulted in successfully finding her daughter unharmed. She thanked Police
Chief Molloy for the efforts, cooperation and caring shown by his staff and
the Police Officers. She wanted the Council and public to know how much she
and her family appreciated the fine work of the department.
Jennie Negrete. She is present to thank the Council because she has been
placed in another job in the City. She also thanked the Anaheim Municipal
Employees Association (AMEA) and Police Chief Molloy because he tried to keep
her in his department but in the end was unable to do so. She also thanked
City Manager Ruth and Greg Smith the manager at the Stadium for placing her in
his department.
Sharon Ericson, President AMEA. She first relayed the story surrounding
Jennie Negrete, a part-time and then full-time employee with the City for
25 years and the extreme hardship that would have occurred had she not been
retained, and the efforts that had taken place to keep Jennie. Several top
management people told her City Manager Ruth was trying to place her but some
of his advisers were telling him it was precedent setting. She pointed out
according to their Memorandum of Understanding it is not precedent setting but
a responsibility of the Union, Council and the City to try to find a place for
the employee in such cases. She then thanked Chief Molloy who tried
desperately to keep Jennie and subsequently Greg Smith who came through
immediately.
Addressing another issue, she stated she is concerned over where the
priorities are in the City. Four laborers will be eliminated June 30. In
going through the budget department~ by department and program by program, she
believes there are many things that should be cut before laying off employees.
She asked for council consideration in that regard.
Jeff Kirsch, 2661W. Palais, Anaheim. He is going to use Item A18 as an
example but the Item has nothing to do with it. The agreement includes an
expenditure for a Community Relations Program related to the issue. The
program is being done in the community involved to create pro-active community
inputs. In his neighborhood there is a project on the horizon (Disneyland
Expansion Project) where their "neighbor" is planning a large "home
improvement" but the residents have as yet not heard a lot of direct
information. He urged that a program be started for pro-active community
involvement for the important issues related to the proposed expansion.
couhcil Member Pickler. What the City is doing is positive. When the EIR is
brought forth, all the issues mentioned by Mr. Kirsch will be addressed.
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C£tv Ha!l, Anaheim, Cal£fornia - COUNCIL MINUTES - ~ 2, 1992 - 5=00 P.M.
CITY MANAGER/D~PARTMENTAL 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. 92R-104 for adoption. Council Member Hunter
offered Ordinance No. 5309 for introduction. Refer to Resolution Book.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 92R-104)
Council Member Hunter moved to waive the reading in full of the resolution.
Council Member Pickler seconded the motion. MOTION CARRIED.
Al. 118: The following claims were filed against the City and action taken
as recommended:
Claims rejected; application for leave to present late claim denied
and referred to Risk Management:
a. Claim submitted by Patricia Alonzo for property damage sustained
purportedly due to actions of the City on or about March 7, 1992.
b. Claim submitted by Amy Beneck for bodily injury sustained purportedly
due to actions of the City on or about October 30, 1991.
c. Claim submitted by B. Huffman for property damage sustained
purportedly due to actions of the City on or about April 8, 1992
d. Claim submitted by Southern California Gas Company (attn: Mary
H. Gums) for property damage sustained purportedly due to actions of the
City on or about September 27, 1991.
e. Claim submitted by Gerald Marcil Properties for property damage
sustained purportedly due to actions of the City on or about April 18,
1991 through April 17, 1992.
f. Claim submitted by Keith Wood, a minor, by Patricia & Robert Wood for
bodily injury sustained purportedly due to actions of the City on or about
March 7, 1992.
g. Claim submitted by Diane Marie Sibel for property damage sustained
purportedly due to actions of the City on or about April 10, 1992.
h. Claim submitted by Ronnel Harold Mortimer for property damage
sustained purportedly due to actions of the City on or about April 10,
1992.
i. Claim submitted by Aetna Life and Casualty (No. 086-92-1857) for
bodily injury sustained purportedly due to actions of the City on or about
April 1, 1992.
j. Claim submitted by Veronica King for property damage sustained
purportedly due to actions of the City on or about April 21, 1992.
k. Claim submitted by Rose Marie Goldman for bodily injury sustained
purportedly due to actions of the City on or about April 1, 1992.
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City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 2, 1992 - 5:00 P.M.
1. Claim submitted by Roy C. Underwood for property damage sustained
purportedly due to actions of the City on or about November 5, 1991.
m. Claim submitted by Alice Cole for bodily injury sustained purportedly
due to actions of the City on or about February 26, 1992
n. Claim submitted by Andria Calkins for property damage sustained
purportedly due to actions of the City on or about February 12, 1992.
o. Claim submitted by Adalberto Castro for bodily injury sustained
purportedly due to actions of the City on or about December 18, 1991.
p. Claim submitted by Helen R. Miller for property damage sustained
purportedly due to actions of the City on or about February 10, 1992.
Application for leave to present late claim denied:
q. Application submitted by Eva A. Leyva for bodily injury sustained
purportedly due to actions of the City on or about September 16, 1991.
Ala. 105: Receiving and filing minutes of the Community Services Board
meeting held April 9, 1992.
105: Receiving and filing minutes of the Senior Citizens Commission meeting
held April 9, 1992.
173: Receiving and filing a Notice to customers of proposed rate increase
(Application No. 92-05-014 - 1993 Cost of Capital; and Application No. 92-05-
017 - 1993 RD&D Supplemental Funding), filed with the California Public
Utilities Commission by Southern California Gas Company.
107: Receiving and filing the Statistical Report Summary ending April 30,
1992, as submitted by the Building Division.
105: Receiving and filing minutes of the Mother Colony House Advisory Board
meeting held March 9, 1992.
A2. 169: Awarding the contract to the lowest responsive bidder, R.J. Noble
Company, in the amount of $572,653.33 for Ball Road Street and Traffic Signal
Improvements; and in the event said low bidder fails to comply with the terms
of the award, awarding the contract to the second low bidder, as well as
waiving any irregularities in the bids of both the low and second low bidders.
A3. 167: Awarding the contract to the lowest responsive bidder, D. & V
Electric, in the amount of $147,700 for New Traffic Signal Installations
~(Orange Avenue/Gilbert Street and Nohl Ranch Road/Canyon Rim Road, and one
mid-block pedestrian traffic signal on Wagner Avenue at Katella High School);
and in the event said low bidder fails to comply with the terms of the award,
awarding the contract to the second low bidder, as well as waiving any
irregularities in the bids of both the low and second low bidders.
A4. 167: Awarding the contract to the lowest responsive bidder, Federal
Communications Contractors, Inc., in the amount of $317,503.80 for Traffic
Signal System Fiber Optic Cable Installation - Project One; and in the event
said low bidder fails to comply with the terms of the award, awarding the
contract to the second low bidder, as well as waiving any irregularities in
the bids of both the low and second low bidders.
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C£ty Hall~ .Sknahe£m~ Cal£forn£& - COUNCIl., MINU'I~S - JUN~ 2, 1992 - 5:00 P.M.
AS. 150: Approving a Notice of Completion of the construction of Chaparral
Park Security Lighting by Mel Smith Electric, Incorporated, and authorizing
the Mayor to sign, and the City Clerk to file said Notice of Completion.
A6. 123= Approving State Agreement No. TSM/FCR-5055 Program Supplements No.
004 and 005, and authorizing the Mayor and City Clerk to execute said Program
Supplements, relating to Traffic Management Systems.
A7. 123: Approving three agreements with Concurrent Computer Corporation, to
extend maintenance and support on the 3212 Processor Computer System hardware,
the Microthree Processor Computer System hardware, and the Standard System
software for Traffic Management System.
AS. 150: Approving Contract Change Order No. 1, in favor of Bopark
Enterprises, Inc., in the amount of $165,976.86 for the construction of items
negotiated with community representatives including an 8-foot high block wall
along the west and south property lines, grading revisions, landscape and
irrigation improvements and other improvements, at Boysen Park (Boysen Park
General Development).
AS. 1552 Approving a Negative Declaration in connection with the Traffic
Signals Installation Project at three locations= Gilbert Street at Orange
Avenue; Wagner Avenue 302' east of Nordica Street (Katella High School -
midblock pedestrian taffic signal); and Canyon Rim Road at Nohl Ranch Road.
Al0. 123: Approving an Agreement with Willdan Associates for design services
for the Master Plan of Drainage for the South Central Area, in an amount not
to exceed $115,000.
Council Members Simpson and Pickler declared a conflict of interest on this
item and therefore did not participate in the decision process.
All. 160: Accepting the low bid of Westrux International, in the amount of
$39,179 for one 4X2 truck tractor for the bookmobile, in accordance with
Bid $5046.
Al2. 160: Accepting the bid of Cooper Power Systems, in the amount of
$23,915 for one three-phase padmount transformer 1500 KVA, in accordance with
Bid $5043.
A13. 160: Accepting the bid of Cooper Power Systems, in the amount of
$30,350 for one three-phase padmount transformer 2500 KVA, in accordance with
Bid $5032.
Al4. 123-. Approving a First Amendment to Agreement with Ail City Management
Services, Inc., in an amount no~ ~0 exceed $438,144 for pr0vidin~ school
'crossing guard services for one year beginning July 1, 1992, through June 30,
1993, in accordance with Bid $4932.
A15. 123: Approving an Agreement with Anaheim City School District to
provide Park Ranger patrols of school facilities from July 3, 1992, through
June 27, 1993.
A16. 1235 Approving an Agreement with Centralia School District to provide
Park Ranger patrols for Danbrook Elementary School facility from July 3, 1992,
through June 27, 1993.
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City Hall, An&heimt Californi& - COUNCIL MINUTES - JUNE 2, 1992 - 5:00 P.M.
A17. 123= Approving an Agreement with Magnolia School District to provide
Park Ranger patrols for Danbrook Elementary School facilities from July 3,
1992, through June 27, 1993.
A18. 123: Approving the Second Amendment to Agreement for Environmental
Studies for the Adelanto-Lugo Transmission Project with Woodward-Clyde
Consultants, Inc., in an amount not to exceed $37,981 (Anaheim's share is
$11,546), and authorizing the Mayor to execute said amendment on behalf of the
City.
Al9. 158: RESOLUTION NO. 92R-104: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTIES OR INTERESTS THEREIN.
A20. 156: Receiving and filing the Anaheim Police Department Crime and
Clearance Analysis for the month of April, 1992.
A21: 129: ORDINANCE NO. 5309 - INTRODUCTION: AN ORDINANCE OF THE CITY OF
ANAHEIM ADDING SECTION 6.40.110 TO CHAPTER 6.40 OF TITLE 6 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO CODE ENFORCEMENT (TO ALLOW ENFORCEMENT BY FIRE
DEPARTMENT CAPTAINS OF FIREWORKS ORDINANCE)
A22. 106: Amending the Resource Allocation Plan of the Community Development
Department for Fiscal Year 1991/92 to increase revenues and expenditures in
Fund 25 by $591,837 and authorize transfers between departments.
A23. 167: Awarding a contract to the lowest responsive bidder, D & V
Electric of Pomona, in the amount of $147,500 for Traffic Signal Improvement
Modification at six locations; and in the event the iow bidder fails to comply
with the terms of the award, authorizing the award to the second low bidder,
and waiving any irregularities in the bids of both low and second low bidders.
A24. 123: Approving a lease agreement with the Anaheim Union High School
District for the use of space at Trident Junior High School at $.56 per square
foot ($77,988) for Fiscal Year 1992/93.
A25. 123: Approving Program Supplement No. 047, Revision i to State
Agreement No. 12-5055 for Seismic Retrofit Program for work on the Tustin
Avenue Bridge.
A26. 123: Authorizing an amendment to the agreement with the State of
California to receive an additional $300,000 of Petroleum Violation Escrow
Account funds (PVEA) for the development of the Anaheim Event Communication
System Project.
A27. 153: Authorizing the expenditure of an amount not to exceed $7,500 from
Council Contingency Fund for candidates' interview-related travel expenses
associated with the City Treasurer recruitment.
Marilyn Hauk, Vice President of AMEA. Relative to this subject, in part it
says that, "It is customary to reimburse interview candidates for air and
ground transportation, hotel meals and related cost for Executive Management
Recruitments". She brings this up because of issues that Sharon Ericson
broached and the workshop held earlier today relative to priorities. It is
difficult to believe there is a problem in the City when people need to be
laid off and there is no money for the Gang and Drug Task Force
recommendations when there are items like this before the Council.
372
City H&11· Anaheim~ Californi& - COUNCIL MINUTES - JUNE 2, 1992 - 5:00 P.M.
A28. 106: Authorizing an amendment to the 1991/92 Resource Allocation Plan
to increase expenditures in Fund 11, Program 790 by $50,000 to provide for
increased expenditures from the Sewer Construction Maintenance Fund.
A29: 114: Approving the minutes of the regular City Council Meeting held
April 7, April 21 and April 28, 1992.
A30. 155: Approving a Negative Declaration in connection with the City of
Anaheim's Traffic System Management (TSM) Project entitled "Motorist
Information and Guidance System for Special Events in the State Route 57 and
Interstate 5 Corridors."
Roll Call Vote on Resolution No. 92R-104 for adoption~
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Resolution No. 92R-104 duly passed and aoopted.
End of Consent Calendar. MOTIONS CARRIED.
A31. 107.' ORDINANCE REQUIRING PROOF OF STATE LICENSING OF ALL
SUBCONTRAcToRs: Adding a new Chapter 15.01 to Title 15 of the Anaheim
Municipal Code relating to license requirements of contractors and
subcontractors. This matter was continued from the meeting of May 12, 1992 to
this date.
City Attorney White. Previously submitted to the Council was joint staff
report dated May 1, 1992 from the City Attorney/Planning Director/Treasurer
regarding the subject. Staff has no recommendation but has presented two
alternative ordinances for Council review. One is the ordinance adopted by
Santa Aha and Irvine and possibly by other cities (Alternate A). The other
ordinance presented is Alternate B, the difference being in the timing of when
the information would be required to be submitted to the City relating to the
licensing of subcontractors. Alternate A requires the information to be
submitted prior to the commencement of any work. Alternate B requires it to
be presented prior to occupancy and final building inspections. It is his
understanding cities that have adopted Alternate A have found some difficulty
with projects in that is often not known at the time the project is commenced
who all the subcontractors will be for the later phases of construction. In
many cases, cities have not strictly followed the provisions of the ordinance.
Staff does not feel it is advantagous to ever adopt an ordinance if they do
not intend to strictly construe it and enforce it. This is a policy decision
for the Council. Tonight the most the Council could do is to introduce one or
both ordinances.
Council Member Ehrle. When they recently built, in order to get a Certificate
of Occupancy, it was necessary to show the subcontractors. He asked if that
process was creating a problem.
Joel Fick, Planning Director. When an individual pulls a building permit with
the City now, staff provides the contractor, homeowner or developer with a
form - a three page list of potential subcontractors. It works well and they
have not had a problem internally. It has also worked successfully for
Business License. The process they have and are using as a matter of course
is similar to the process outlined in the Alternate B Ordinance even though
not codified.
373
CitF Hall, Anaheim, California - COUNCIL MINUTES - JUNE 2, 1992 - 5500 P.M.
Council Member Ehrle. He was not aware there was a problem; Mr. Fick
confirmed that there is no problem.
Council Member Daly. He suggested that both Ordinance Alternate A and
Alternate B be introduced and that the City Attorney and staff put any
concerns in writing to the Council before the Council votes on adoption of one
of the alternatives.
Council Member Daly offered Ordinance No. 5310 (Alternate A) and 5311
(Alternate B) for first reading.
ORDINANCE NO. 5310 {Alternate A}: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
NEW CHAPTER 15.01 TO TITLE 15 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
LICENSE REQUIREMENTS OF CONTRACTORS AND SUBCONTRACTORS.
ORDINANCE NO. 53!.1. (Alternate B}: AN ORDINANCE OF THE CiTY OF ANAHEIM ADDING
NEW CHAPTER 15.01 TO TITLE 15 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
LICENSE REQUIREMENTS OF CONTRACTORS AND SUBCONTRACTORS.
ITEM B1 FROM THE, ZONING ADMINISTRATOR MEETING OF MAY 14, 1992, DECISION DATE5
MAY 21, 1992 INFORMATION ONLY - APPEAL PERIOD ENDS JUNE 5~ 1992~
B1. 1795 VARIANCE NO. 4171, CATEGORICALLY EXEMPT~ CLASS 5:
Owner: Antonio and Hermelina Campos, 709 N. Pauline Street, Anaheim, CA
92805.
LOCATION: 709 N. Pauline Street. Property is approximately 0.12 acre,
located on the west side of Pauline Street, approximately 125 feet north
of the centerline-of Wilhelmina Street.
To amend a condition of approval pertaining to recordation of an
unsubordinated covenant for occupancy.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
APPROVED (ZA92-21) amendment to a condition of approval VARIANCE NO.
4171.
END OF THE ZONING ADMINISTRATOR ITEMS.
B2. 179: ORDINANCE NO. 5308 FOR ADOPTION: Amending Title 18 to rezone
property under 70-71-47(40) located at 2840 E. La Crests Avenue from the
RS-A-43,000 zone to the ML zone.
WAIVER OF READING - ORDINANCE: The title of the following ordinance was read
by the City Clerk. (Ordinance No. 5308)
Council Member Hunter moved to waive the reading in full of the ordinance.
Council Member Pickler seconded the motion. MOTION CARRIED.
Council Member Pickler offered Ordinance No. 5308 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 5308: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING
70-71-47(40).
Roll Call Vote on Ordinance No. 5308 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
374
C£t¥ Hall~ Anahe£m~ 'Cal£forn£a - COUNCIL MINUTES - JUNE 2~ 1992 - 5:00 P.M.
The Mayor declared Ordinance No. 5308 duly passed and adopted.
B3. 179: REQUEST FOR REHEARING - CONDITIONAL USE PERMIT NO. 3201 AND
NEGATIVE DECLARATION, REQUEST TO AMEND CONDITIONS OF APPROVAL:
Requested by: A.P. Mowlavi, CEMA Market, 221 South Magnolia, No. H,
Anaheim, CA 92804.
The business is located at 221 South Magnolia Avenue, the CEMA Market.
The petitioner had requested amendment to paragraph (b) of Condition
No. 2 of Resolution No. 89R-433 of Conditional Use Permit No. 3201, that
beer and wine may be sold at subject convenience market for off-premises
consumption only. Conditional Use Permit No. 3201 permits a 1,620
square foot convenience market (specialty grocery store) in an existing
commercial retail center.
A public hearing was held before the Council on April 28, 1992 and the City
Council unanimously denied the requested amendment to conditions of approval.
MOTION: Council Member Pickler moved to deny the request for a rehearing on
Conditional Use Permit No. 3201, amendment to conditions of approval. Council
Member Hunter seconded the motion. MOTION CARRIED.
B4. 179: ORDINANCE NO. 5312 FOR INTRODUCTION: Amending Title 18 to rezone
property under Reclassification No. 91-92-16 located at 113-215 South Atchison
Street and 615 East Broadway from the ML zone to the RS-5000 zone.
Council Member Ehrle offered Ordinance No. 5312 for first reading.
ORDINANCE NO. 5312: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Reclassification No. 91-92-16 located at 113-215 South Atchison Street and
615 East Broadway)
Cl. 108: 5:00 P.M. HEARING - HAMPTON INN - AUDIT NO. 91090:
Hearing requested by: W.R. Traylor, Director, Property and Sales Tax
Department, Promus Companies Incorporated, 1023 Cherry Road, Memphis,
Tennessee 38117.
The hearing is to consider the appeal of the penalties findings for the
Hampton Inn - Audit No. 91090, as requested by the petitioner. At their
meeting of April 7, 1992, the City Council determined that this item
would be heard by the City Council and subsequently a hearing set for
this date.
Submitted was report dated May 28, 1992 from the City Treasurer, Mary Turner
recommending that the Council deny the request from Hampton Inn to waive
penalties associated with Audit No. 91090.
City Attorney White. This is a hearing only as to the penalties which were
imposed as a result of City Audit No. 91090. Any waiver of penalties requires
a 4/5tbs vote of the Council upon a finding that such a waiver either in whole
or in part is necessary to avoid a substantial injustice to the operator.
City Treasurer, Mary Turner. She briefed her staff report of May 28, 1992.
The penalties findings are a result of the motel remitting the taxes collected
on a fiscal month rather than a calendar month as required under the
ordinance. Hampton Inn has remitted payment of the tax ($342.84) and interest
($485.36) but has requested that the Council consider abatement of the
penalties portion. There are several hotels in Anaheim who maintain their
accounting records on a fiscal month basis but have no difficulty in reporting
375
City Hall. Anaheim,' California - COUNCIL MINUTES - JUNE 2, 1992 - 5=00 P.M.
on a calendar month as required. Relieving the operator of the penalties due
would render meaningless timely reporting requirements. Additionally,
imposing the penalty provision is necessary to uphold the integrity of the
ordinance and avoid sending a message to hotel operators that the ordinance
can be ignored without consequences. Staff continues to recommend denial.
City Attorney White then answered questions posed by the Mayor regarding the
amount of penalties due and how that figure was arrived at.
Mayor Hunter then asked to hear from a representative of the Hampton Inn.
Mike Fannon, Promus Company, 1023 Cherry Road, Memphis, Tennessee. Their
company operates the Hampton Inn. They take issue with the penalties imposed.
They had discovered in January, 1991 that they were in violation of the
ordinance. At that time, they corrected their reporting (he thereupon
submitted data to the Council covering their accounting calendar from 1988 to
1991 -made a part of the record).
They did discover in January, 1991 they were reporting wrong and corrected it
at that time. For the audit period December 1, 1988 through October 31, 1991,
they reported to the City some $439,000 in occupancy taxes. The auditor found
an error made of only $343. They were basically in compliance but based on
their accounting period, there were a couple of days each month that lapsed
over. It is possible they could have reported a month early, but it did not
happen. In his department, they file some 300 occupancy tax rates a month.
The City of Anaheim is the only one that does not allow them to report on a
fiscal bas is.
Mr. Fannon then answered questions posed by Council Member Daly.
Mrs. Turner then clarified for Council Member Pickler that Mr. Fannon is
saying most all cities he is involved with in a business relationship allow
him to choose his calendar month. The ordinances that she has reviewed in the
State of California, some of the cities are going to a two-week reporting
system whereby they would be reporting their TOT and remitting it on a two-
week basis. She knows of no ordinance that allows a company to choose their
own accounting period.
Mike Fannon. The State of California and State Board of equalization will
upon special request allow reporting on an accounting cycle or an accounting
basis.
The hearing was closed.
MOTION: Council Member Ehrle noted that under the ordinance which will
shortly be going into effect, the Council will no longer be hearing such
cases. In this case, he is going to be consistent and support the
recommendation of staff. He thereupon moved to deny the appeal of the
penalties findings for the Hampton Inn Audit No. 91090 and that the penalties
are to be paid to the City. Council Member Pickler seconded the motion.
MOTION CARRIED.
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.
376
C£t¥ Hall~ Anshe£m~ Cal£fornia - COUNCIL NINUT~ - ~ 2, 1992 - 5~00 P.M.
Those testifying were requested to stand by the City Clerk and asked to raise
their right hand. The oath was then given.
D1. 179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3465 AND
NEGATIVE DECLARATION .:
OWNER: Timothy J. and Cathleen A. O'Neill, 3100 E. Birch, Brea, CA
92621.
LOCATION/REQUEST: The property is located at 1420 N. Lemon Street.
Property is approximately 1.13 acre located at the northeast corner of
Lemon Street and the Riverside (91) Freeway. The request is to permit
an automobile repair center with waiver of minimum structural setback.
ACTION TAKEN By THE PLANNING COMMISSION:
CUP NO. 3465 DENIED (PC92-35) due to traffic visibility constraints (6
yes votes, i absent).
Waiver of code requirement DENIED
Denied Negative Declaration.
..H...E.ARING SET ON: A letter of appeal of the Planning Commission's decision was
submitted by John J. Dee, Law offices of Sullivan, Workman and Dee, on behalf
of the owners, Timothy J. and Cathleen A. O'Neill and continued from the
meeting of May 5, 1992 to this date.
pUBLIC NOTI. C.E REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - April 23, 1992
Mailing to property owners within 300 feet - April 23, 1992
Posting of property - April 24, 1992
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated March 23, 1992.
City Clerk $ohl announced that a request was received today from Mr. Tim
O'Neil that the hearing again be continued to July 16, 1992.
Mayor Hunter. He asked if anyone was present to speak on this item; there was
no response.
Council Member Pickler. He noted that the request for continuance indicated
that they were attempting to negotiate a resolution of the matter with the
Traffic Engineer and the Planning Department.
John Lower, Traffic & Transportation Manager. He clarified that they have not
heard from the applicant and the department made their position very clear.
Answering Council Member Pickler relative to whether or not the Council can
deny the request for continuance, City Attorney White stated if there were a
,number of people present wishin~ to testif~ he would re¢ommen~
council take the testimony. However, if the applicant and attorney are not
present even though the matter was continued once before, he would recommend
that the Council continue it again. (No one was present on either side. )
By General Consent the Council continued the public hearing on Conditional Use
Permit No. 3465 to Tuesday, June 16, 1991.
D2. 179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3417 AND
NEGATIVE DECLARATION ( PREV. APPROVED }:
OWNER: Assaf George Cassis and Nazareth Cassis, 413 Sharon Road,
Arcadia, CA 91007.
377
City Rallt Anaheim, California - COUNCIL MINUTES - JUNE 2, !992 - 5:00 P.M.
AGENT= Sim C. Hoffman, M.D., 585 South Knott Avenue, Anaheim, CA
92804.
LOCATION/REQUEST: The property is located at 546-595 S. Knott Street
and is approximately 0.68 acre located at the northwest corner of Knott
Street and Orange Avenue. The request is to amend or delete conditions
of approval pertaining to the time limitation and permitted days of
operation of a previously-approved mobile medical unit within an
existing medical complex.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3417 DENIED (PC92-46) (6 yes votes, 1 absent).
Approved Negative Declaration (5 yes votes, I no vote, and I absent).
HEARING SET ON: A letter of appeal of the Planning Commission's decision was
submitted by the agent, Sim C. Hoffman, M.D., and continued from the meeting
of May 12, 1992 to this date.
.PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - April 30, 1992
Mailing to property owners within 300 feet - April 29, 1992
Posting of property - May 1, 1992
PLANNING STAFF INPUT=
See staff report to the Planning Commission dated April 6, 1992.
APPLICANT OR
AGENTs Dr. Sim Hoffman. He first gave the background on how he
established his practice starting in 1986, the type of practice
and also discussed some of the things he has done since he was
denied by the Planning Commission. He stated he has a niche in
the Community and one of the things he can provide is a lower
price for the MRI examination which takes place in the mobile
unit. A graph which was displayed on the Chamber wall listed
prices for.the examination at several facilities in the area with
Advanced Professional Imaging (Dr. Hoffman's practice) being the
lowest. A graph also showed a page of the petition that was
submitted seeking approval of the CUP. Relative to the mobile
unit, only in 1990 did they have problems or complaints that were
made. They were not aware of the concerns. The City informed
them they needed a temporary use permit and they proceeded to get
that permit. In April, because of the number of referrals they
tried to increase the number of days as well as continue the use
permit. To their surprise, four people had written letters
opDosin~ the unit b~cau~e it wa~ too noisy. ~tw~n April ~nd ~h~
present, he had a noise analysis done by a congulting engineering
firm, the results of which were previously submitted. He
clarified for Council Member Pickler that the unit is and has been
in operation only one day a week and he would like to increase
that to two days a week.
City Attorney White interjected and clarified that tonight's
hearing is on the application to amend the existing permit to
increase the operation to two days a week, not to take away the
one day a week which is the present practice.
Annika Santalahti, Zoning Administrator. Their approval one year
ago was until June 3, 1992. If the Council denies the request in
its entirety, they must cease and desist the operation tomorrow.
If the Council wants to continue the operation the way it was
378
City llall~ Anahe:i.m~ Cal£forn£a - COUNCIL MINU'I~$ - JUNE 2~ 1992 - 5:00 P.M.
originally approved, they could amend Condition No. 11 to allow
the business to continue to June 3, 1993 or could delete the time
constraint or add a second day onto the one day.
Dr. Hoffman. It was found as a result of the noise evaluation the
air conditioning for the unit was making noise. He was under the
assumption that the noise was within the legal limits but it was
found to be higher. He then had a barrier/partition constructed
placed between the air conditioner and the apartment house wall.
(A posted graph showed the noise reduction partition constructed
with noise absorbing material. ) The last page of the report from
the consulting engineers, Mestre Greve Associates, is an addendum
including the installation of the sound barrier concluding that it
can reduce the noise below the ambient level so that it is not a
major factor to the people next door. It was used one day and it
did reduce the noise.
Annika Santalahti. Staff has the addendum now, but received it
either yesterday or today and have not had an opportunity to look
at it in any depth.
Dr. Hoffman. Besides the noise reduction barrier, he has
attempted to talk to the people in the apartment house but they
have been unwilling to talk to him. He has talked to the manager
who has always been supportive. He has also evaluated the parking
situation. They did a parking study initially. They have a
variance on parking. They continued doing a modified parking
evaluation from the time they were denied in April to now. There
have always been enough parking spaces. He submitted pictures
showing the parking lot and the spaces available at the sight
between 10:00 a.m. and 12=00 noon. There is more than adequate
parking. His staff parks off site. He is requesting a minimum of
six months if not longer at one day a week to see if the things he
has done can keep the neighbors happy and comply with all State
and Local Standards.
Mayor Hunter opened the public hearing and asked to hear from those who wished
to speak.
Nazareth Caesie. She is the landlord of the property. She purchased the
property in 1984. At that time, the building was empty and there were a lot
of problems with the apartment using their parking lot for parties and to park
their cars. She has been trying hard to develop the property. She was
fortunate to find Dr. Hoffman as a tenant who has helped her in leasing out
three spaces. She prefers to lease to businesses such as Dr. Hoffman's rather
than other more intense uses. The persons that are complaining are renters on
a month-to-month basis.. Her tenant has a long-term lease and she is the
property owner who pays taxes. She urges the Council to consider the matter
favorably.
There being no further persons who wished to speak; Mayor Hunter closed the
public hearing.
Council Member Pickler asked if there had been opposition.
Annika Santalahti. There were about three people at the Planning Commission
hearing and at the original hearings there were people as well. The unit is
approximately 30-feet from the apartments.
379
City Hall, Anaheim, Calif. ornia - COUNCIL MINUTES - JUNE 2, 1992 - 5:00 P.M.
City Attorney White. Some letters of opposition have been submitted and made
a part of the record.
Council Member Pickler. He is familiar with the area and has visited it many
times. Dr. Hoffman is requesting a trial period of six months still at one
day a week. He agrees with that and it will give an opportunity to see what
the experience is. Perhaps they can then approve the two days a week once the
trial period is over. It is a service that is needed in the community and
there is no opposition present today.
Mayor Hunter felt that one year would be appropriate.
City Attorney White. The applicant has agreed to limit the use of the unit to
one day a week to see if the sound buffering measures are adequate and if
there is no problem to later come back and request the additional day.
Dr. Hoffman. He would like to have the City Planner satisfied. He does not
know if he can keep everybody happy. If they can operate for six months with
no problems or with some type of review by the Planners then maybe he can get
two days.
Council Member Pickler asked staff if that was something they could live with;
Annika Santalahti. One year sounds better than six months. The other thing
they will be looking at as well is the parking situation on the day the unit
is there. Spaces are made inaccessible by the unit. Staff will also be
looking at that during the one year.
Joel Fick, Planning Director. The noise report that was submitted dated
May 29, 1992 indicates the noise level was reduced 12db at the property line
with the new sound buffering device that was proposed. That is something that
is a new technique that has not been in place.
City Attorney White. If Council approves amending conditions allowing one day
a week for a year subject to the sound buffering mechanism, there is nothing
that would prevent him coming in prior to the end of that year and filing.
application to add another day and going to the Planning Commission to get
that.
Mr. Fick clarified that at the end of the one year period it could be reviewed
by the Planning Commission rather than the Council.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council
Member Hun~er, se¢on~e~ by ¢oun¢£1 Member Ehrle, the City Council approved the
negative declaration upon finding that it has considered the negative
declaration together with any comments received during the public review
process, and further finding on the basis of the initial study and any
comments received that. there is no substantial evidence that the project will
have a significant effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTION.- The title of the following resolution was
read by the City Clerk. (Resolution No. 92R-105)
Council Member Hunter moved to waive the reading in full of the resolution.
Council Member Ehrle seconded the motion. MOTION CARRIED.
Council Member Hunter offered Resolution No. 92R-105 for adoption, amending
conditions of approval on Conditional Use Permit No. 3417 that approval is for
one year with the mobile unit to be operated one day a week including the
38O
City Hall, Anaheim, Cal£forn£a - COUNCIL MINUTES - JUNE 2, 1992 - 5=00
sound buffering mechanism and at the end of the one-year period that the
matter is to be heard before the Planning Commission and not the City Council.
Refer to Resolution Book.
RESOLUTION NO. 92R-105: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN
CONDITIONAL USE PERMIT NO. 3417 AND AMENDING RESOLUTION NO. PC91-74.
Roll Call Vote on Resolution No. 92R-105 for adoptions
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Resolution No. 92R-105 duly passed and adopted.
D3/D4/D5. 175: CONTINUED pUBLIC HEARINGS: ITeM D4 - CR_~ATING UNDERGROUND
DISTRICT NO. $ - COMMERCIAL/RECREATION A~_~A (CR A~A); ITeM D5 - CR_~ATINC-
UNDERGROUND D~STRICT NO. 4 - LA P ~AL_MA AVENUE (PHASE 1), TUST!N AND LA~_~VIEW.
.CRITICAL INTERSECTIONS; ITEM D6 - CREATING UNDERGROUND DISTRICT NO. 5 -
BEACH/LINCOLN (SUPER STREET}:
CONTINUED pUBLIC HEARING - CREATING UNDERGROUND DISTRICT NO. 3 -
COMMERCIAL/RECREATION AREA ( CR AREA ) ~
Underground District No. 3 is being created to provide for the
undergrounding of all overhead utilities to take place in accordance
with the Public Utilities Department's Conversion Program Five-Year Plan
which was approved for FY 1991-92 by the Public Utilities Board on
December 5, 1992, and the City Council on January 7, 1992.
UNDERGROUND DISTRICT NO. 3 - LOCATIONs Harbor Boulevard south of
Katella Avenue to Chapman Avenue, and West Street south of Katella
Avenue to Convention Way.
The public hearing was continued from the meeting of May 19, 1992 to this
date.
PUBLIC NOTICE REOUIREMENTS MET BY:
Publication in Anaheim Bulletin - May 7, 1992
Mailing to property owners within 300 feet - May 6, 1992
Posting of property- May 8, 1992
.STAFF INPUT: Submitted was report dated May 14, 1992 from the Public
Utilities General Manager, Ed Aghjayan recommending approval of creation of
Underground District No. 3.
Council Members Simpson and Pickler declared a conflict of interest on this
item and temporarily left the Council Chamber. (7:05 p.m. )
City Attorney White. It will be necessary in connection with this item under
the provisions of the City Charter for all three remaining Council Members to
vote the same way in order to adopt the resolution, since Council Members
Simpson and Pickler have declared a conflict.
Ed Aghjayan, Public Utilities General Manager. The three staff reports
describe the districts which are before the Council today for approval per the
plan that has been approved by the Public Utilities Board and the City
Council. If there are any questions staff is present to answer them.
381
C£t¥ Hall~ Anahe£sa, Cal£forn£a - COUNCIL NINUTE~ - JUNE 2~ 1992 - 5~00 P.M.
Council Member Ehrle. He is pleased that they are moving forward on the
Underground Districts; Council Member Daly. He congratulated the Public
Utilities Department on the work they have done in bringing forth the
Underground Districts.
Mayor Hunter opened the hearing and asked to hear from anyone who wished to
speak; there being no response he closed the public hearing.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 92R-106)
Council Member Hunter moved to waive the reading in full of the resolution.
Council Member Daly seconded the motion. Council Members Simpson and Pickler
were temporarily absent. MOTION CARRIED.
Council Member Hunter offered Resolution No. 92R-106 for adoption, creating
Underground District No. 3 (CR Area). Refer to Resolution Book.
RESOLUTION NO. 92R-106: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM CREATING UNDERGROUND DISTRICT NO. 3 (CR Area-Phase 1).
Roll Call vote on Resolution No. 92R-106 for adoption:
AYES: COUNCIL MEMBERS: Ehrle, Daly and Hunter
NOES: COUNCIL MEMBERS: None
TEMPORARILY ABSENT: COUNCIL MEMBERS: Simpson and Pickler
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 92R-106 duly passed and adopted.
Council Members Pickler and Simpson returned to the Council Chamber.
(7:10 p.m.)
CONTINUED PUBLIC HEARING - CREATING UNDERGROUND DISTRICT NO. 4 - LA PALMA
AVENUE (PHASE 1), TUSTIN AND LAKEVIEW CRITIC_AL_ INTERSECTIONS:
Underground District No. 4 is being created to provide for the
undergrounding of all overhead utilities to take place in accordance
with the Public Utilities Department's Conversion Program Five-Year Plan
which was approved for FY 1991-92 by the Public Utilities Board on
December 5, 1992, and the City Council on January 7, 1992.
ONDEROROUND DIST~ICTNO. 4 - LOCATION~ Tustin Avenue from 800 feet
south of La Palma Avenue to 1100 feet north of La Palma Avenue and La
Palma Avenue from 1150 feet west of Tustin Avenue to 730 feet east of
Tustin Avenue; and Lakeview Avenue from 100 feet south of La Palma
Avenue to 1125 feet north of La Palma Avenue and La Palma Avenue from
890 feet west of Lakeview Avenue to 1705 east of Lakeview Avenue,
It was continued from the meeting of May 19, 1992 to this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - May 7, 1992
Mailing to property owners within 300 feet - May 6, 1992
Posting of property - May 8, 1992
STAFF INPUT: Submitted was report dated May 14, 1992 from the Public
Utilities General Manager, Ed Aghjayan recommending approval of creation of
Underground District No. 4.
382
.C.:i. ty Hallr Anahe~utr Cal£forn£a - COUNCIL MINUTES - JUNE 2r 1992 - 5:00 P.M.
Mayor Hunter opened the public hearing and asked to hear from anyone who
wished to speak; there being no response he closed the public hearing.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 92R-107)
Council Member Hunter moved to waive the reading in full of the resolution.
Council Member Pickler seconded the motion. MOTION CARRIED.
Council Member Hunter offered Resolution No. 92R-107 for adoption, creating
Underground District No. 4 (La Palina Avenue, Tustin and Lakeview Critical
Intersections). Refer to Resolution Book.
RESOLUTION NO. 92R-107: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM CREATING UNDERGROUND DISTRICT NO. 4 (La Palma Avenue, Tustin and
Lakeview Critical Intersections).
Roll Ca1! vote on Resolution No. 92R-107 for &doptionz
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 92R-107 duly passed and adopted.
CONTINUED PUBLIC HEARING - CREATING UNDERGROUND DISTRICT NO. 5 - BEACH/LINCOLN
~ SUPER STREET):
Underground District No. 5 is being created to provide for the
undergrounding of all overhead utilities to take place in accordance
with the Public Utilities Department's Conversion Program Five-Year
which was approved for FY 1991-92 by the Public Utilities Board on
December 5, 1992, and the City Council on January 7, 1992.
UNDERGRO~ DISTRICT NO. 5 - LOCATION: Beach Boulevard from the Carbon
Creek Channel north to the North City Limit; and the intersection of
Lincoln Avenue and Beach Boulevard from 600 feet west of Beach
Boulevard, to 600 feet east of the intersection.
It was continued from the meeting of May 19, 1992 to this date.
PUBLIC NOTICE REQUIREMENTS M~T BY:
Publication in Anaheim Bulletin - May 7, 1992
Mailing to property owners within 300 feet - May 6, 1992
Posting of property - May 8, 1992
S. TAFF INPUT: Submitted was report dated May 14, 1992 from the Public
Utilities General Manager, Ed Aghjayan recommending appr0v~l O~ cre~10~ of
~nderg~ound District No. 5.
Mayor Hunter opened the public hearing and asked to hear from anyone who
wished to speak; there being no response he closed the public hearing.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 92R-108)
Council Member Hunter moved to waive the reading in full of the resolution.
Council Member Pickler seconded the motion. MOTION CARRIED.
383
¢£t¥ Ha11~ ~aheim~ ~al£fornia - COUNCIL NINU'I~$ - ~ 2~ 1992 - 5~00 P.N.
Council Member Hunter offered Resolution No. 92R-108 for adoption, creating
Underground District No. 5 (Beach/Lincoln - Super Street). Refer to
Resolution Book.
RESOLUTION NO. 92R-108: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM CREATING UNDERGROUND DISTRICT NO. 5 (Beach/Lincoln).
Roll Call Vote on Resolution No. 92R-108 for adoption:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 92R-108 duly passed and adopted.
.D6. 179: PUBLIC HEARING - AMUSEMENT ARCADE NO. 1014:
Requested by: Mike Min-Hung Chung, 510 South Beach Boulevard, Anaheim,
CA 92804.
The location is at 510 South Beach Boulevard.
To permit and retain up to 50 amusement arcade devices.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Approved by the Zoning Administrator (ZA92-21).
Review of the Planning Commission's decision requested at the meeting of
4/28/92, Item B10.
Mr. Mike Chung owner of the business. He is present to answer questions.
Mayor Hunter asked if there had been any problems and did the Police have to
go to his business.
Mr. Chung. The Police were there one time because there was a robbery at the
arcade. The business has been open for one year. Last year, they only got a
permit for one year. Two City Council Members asked for a hearing and that is
why he is present.
Joel Fick, Planning Director. He confirmed that there have been no problems
or complaints on record relative to the business.
City Attorney White. Answering Council Member Pickler, this is not under a
CUP but an amusement device permit. The code provides it is incumbent upon
the City to approve the permit unless there is evidence that approval would be
contrary to the peace, health, safety and general welfare or violates other
provisions of the code. The business has been in operation for a year. The
Council placed a one-year time limit on the arcade and that is why it is back.
Council Member Pickler. If they placed an unconditional approval on the
business, he assumes the Council cannot do anything.
City Attorney White. The Council can do several things. Approve it and limit
the time again for another year or whatever period Council feels appropriate,
or they can approve it without any time limitation. If they do so, there are
provisions in the code if the business is operated in manner that is
detrimental to the peace, health, safety and general welfare, that it can be
revoked.
Mayor Hunter asked if anyone wished to speak either in favor or in opposition;
there being no response he closed the public hearing.
384
City Hall~ Anahe£a~ 'Californ£a - COUNCIl., MINOTES - ,lUNg 2~ 1992 - 5:00 P.M.
MOTION: Council Member Pickler moved to approve Amusement Arcade No. 1014
unconditionally with no time limitation. Council Member Hunter seconded the
mot ion. MOTION CARRIED.
D7. 179: PUBLIC HEARING - WAIVER OF CODE RRQUIB~M~NT CONDITION~n USE PERMIT
NO. 3515 AND NEGATIVE DECLARATION:
OWNER: Standard Brands Realty Co., 4300 W. 190th Street, Torrance, CA
90509.
AGENT: Ed Gentile, 314 S. Brookhurst, Ste. $110, Anaheim, CA 92804.
LOCATION/REQUEST: The property is located at 2141 West Lincoln Avenue
and is approximately 1.19 acres located on the north side of Lincoln
Avgnue and approximately 218 feet east of the centerline of Lindsay
Street. The request is to permit a 4,956 square-foot church with
caretaker's living quarters with waiver of required setback adjacent to
single-family residential zones.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3515 GRANTED (PC92-53) (7 yes votes).
Waiver of code requirement APPROVED.
Approved Negative Declaration.
HEARING SET ON: A review of the Planning Commission's decision was requested
by Council Members Pickler and Daly at the meeting of May 12, 1992 and public
hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - May 21, 1992
Mailing to property owners within 300 feet - May 21, 1992
Posting of property - May 22, 1992
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated April 20, 1992.
APPL!CANT' S/AGKN~
STATEMENT z
Ed Gentile, 220 S. Mall Way, Anaheim. He first showed slides of
four other facilities in order to illustrate the typical design of
the churches. One of the slides also showed the interior. They
feel that the benefits that will accrue to the immediate neighbor
are obvious. There will be additional security and stability.
There will be a 24 hour caretaker on the premises at all times.
The property will be properly lighted and it will have a tendency
to discourage the criminal element. He also has a business office
at 314 S. Brookhurst. He is not only the agent, but a potential
user. He then deferred to Richard Castro who will give details on
the project.
Richard castro, 1240 Brookhurst Street, Anaheim, Building
Committee Chairman. He has been associated with Jehovah Witnesses
for 37 years. There is a need to consider 300 members which
entails three congregations presently traveling to Fullerton. It
is their concern to build in an area to take care of their needs
on a local level. This is an area that would serve all 300
members. He then introduced Jerry Smiley, their
architect/designer to present what was presented to the Planning
Commission. The Commission made suggestions and recommendations
which they followed to the letter, and also to remedy concerns
expressed by residents.
385
City Hall, Anaheim,' California - COUNCIL MINUTES - JUNE 2, 1992 - 5~00 P.M.
Jerry Smiley, Architect/Designer. There are upgraded plans which
the Planning Commission and Planning Department have seen. The
posted plan (PLOT PLAN) is what they approved. The property is
behind Standard Brand Paints. They are going to move the driveway
so that it conforms with codes. There will be electric gates that
will be closed except during operating hours. There are 64
parking stalls. A concern expressed by Planning related to access
for Fire and trash trucks. He showed how both would be
accommodated under the plan. They had asked for zero set back
because that was what was already there. The Planning Department
recommended 3-feet all the way along the length of property which
he pointed to from the Plot Plan and they agreed with that. The
Planning Commission decided to go 8-feet all the way along.
Because there is a zone change between one side of the wall and
the other being residential, 10-feet is required. They are asking
for 8-feet or a variance of 2-feet. It is a small variance but it
affects three car spaces. That is the only variance they are
requesting. The more they study the location, the more it lends
itself to be ideal for their purposes. The neighborhood will be
happy the use is going to be a church. They do not have a yearly
carnival in the parking lot, there will be no social events,
wedding receptions will not be held at the facility, there are no
kitchen facilities, the caretakers will be watching the property.
It is a winning situation for everyone including surrounding
properties. They are only asking for the 8-foot variance and
would like a unanimous approval by the Council.
Mayor Hunter opened the public hearing and asked to hear from anyone who
wished to speak.
PUBLIC DISCUSSION
IN SUPPORTs
Tamara Martin, Archer Street. She is very concerned with her
neighborhood and deterioration in the area. This is a very good
place to have a church. She would like to see more of these
buildings in the area. She urges approval of the project.
David Harper, Architect. He has looked at the plans. He is aware
of the Kingdom Hall Buildings that have been built. For an
interior lot such as this, he recommends that the Council give it
positive consideration. It is the ideal use for the property.
Colleen Stephenson, 406 S. Archer Street. Speaking to the highest
and best use for the property, this would be an enhancement rather
than to keep it vacant. It would be positive for the community.
There being no further persons who wished to speak either in favor or in
opposition, Mayor Hunter closed the public hearing.
Council Member Pickler. The reason he set the matter, the project was
proposed in what is a commercial area. Talking about 300 families and
200 people, he wants to be sure there is enough parking. Standard Brands is
open on Saturday, Sunday and during the week. He also wants to be sure that
they do not start any schools and to have some assurance that this is
precluded from happening. Otherwise most of his concerns have been answered.
Joel Fick, Planning Director. The number of spaces proposed with the plan,
since the plan is approved with substantial conformance, they would have to
386
City Hall, Anaheia, Cal£fornia - COUNCIL MINUTES - JUNE 2, 1992 - $500 P.M.
initially construct and maintain all of the spaces on site. Relative to the
concern about a school, there is no school proposed in conjunction with the
application.
Jerry Smiley. They have a school that is one of the evening meetings that
last one hour per week. He confirmed there will be no schools during the day.
Council Member Daly. The property will now have a small "forest" of trees
which will be beneficial to the whole neighborhood.
Jerry Smiley. The Planning Commission recommended a lot of greenery along
that strip and they concurred. It is their hope eventually to get a hedge or
row of trees above the 6-foot wall.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION= On motion by Council
Member Hunter, seconded by Council Member Pickler, the City Council approved
the negative declaration upon finding that it has considered the negative
declaration together with any comments received during the public review
process, and further finding on the basis of the initial study and any
comments received that there is no substantial evidence that the project will
have a significant effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 92R-109)
Council Member Hunter moved to waive the reading in full of the resolution.
Council Member Simpson seconded the motion. MOTION CARRIED.
Council Member Hunter offered Resolution No. 92R-109 for adoption, granting
Conditional Use Permit No. 3515. Refer to Resolution Book.
RESOLUTION NO. 92R-109: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3515.
Roll Call Vote on Resolution No. 92R-109 for adoptions
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Resolution No. 92R-109 duly passed and adopted.
D8. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3081 AND CONDITIONA?.
USE PERMIT NO. 3420 AND NEGATIVE DECLARATION:
OWNERS~ Dong Soon Park and Byung Hwan Park, 8142 Artesia Street,
NO, 14, Buena Park, CA
AGENTs Rick Blake and Associates, Attn: Kristine Proctor, 10th Floor,
2700 North Main Street, Santa Ana, CA 92701.
The property is located at 1523 W. Katella Avenue and is approximately
0.57 acre located at the Northeast corner of Katella Avenue and Bayless
Street. The request is to amend conditions of approval pertaining to
permitted hours of operation and sales of alcoholic beverages within a
previously-approved convenience market.
ACTION TAKEN BY THE ~LANNING COMMISSION:
CUP NO. 3081 DENIED and CUP NO. 3420 DENIED (PC92-55) (7 yes votes).
Approved Negative Declaration.
387
City Hall r Anaheimr California - COUNCIL MINUTES - JUNE 2~ 1992 - 5:00 P.M.
HEARING SET ON: A letter of appeal of the Planning Commission's decision was
submitted by the Agent, Rick Blake and Associates, on behalf of the owners and
public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - May 21, 1992
Mailing to property owners within 300 feet - May 21, 1992
Posting of property - May 22, 1992
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated April 20, 1992.
APPLICANT/AGENT'S
STATEMENT t
Rick Blake, Attorney, 2700 N. Main Street, Santa Ana, representing
the applicant. The location operates as a small market in an area
along Katella and presently serves the neighborhood that surrounds
it. It is not a location that attracts a lot of transient
traffic. The market was constructed in late 1991. Originally
the CUP excluded the sale of alcoholic beverages and limited hours
of operation. Since the business started, there have been a
significant number of requests by customers for the addition of
the sale of beer and wine. Currently it is difficult to attract
customers without offering the sale of beer and wine. Customers
tend to patronize markets that offer not only stable items but
also beer and wine. If they do not have beer and wine, the sale
of all items suffers. The applicant has submitted a petition from
a number of people who do support the request (previously made a
part of the record). They are willing to agree to a condition
that the sales area for the sale of beer and wine will not exceed
15% of the retail sales area. They are simply trying to add beer
and wine as an accessory item. They believe there will be no
adverse impact on the area or the residents. There have been no
problems at the location. The staff report makes reference to a
couple of Police incidents. Those did not involve the subject
location. There will be no change in the operation other than the
addition of beer and wine. A one-hour addition to operating hours
has also been requested (7:00 a.m. to 10:00 p.m. - currently
9:00 p.m. ). Those persons attending the Planning Commission
meeting who had objections to the beer and wine indicated no
objection to the extended hours. The Planning Commission still
denied the request without any reason he is aware of. There will
be impact on traffic. It is primarily a neighborhood market.
There is ample parking. There are other nighttime businesses in
the area. It is consistent with the General Plan. The sale of
beer and wine is a permitted use.
PUBLIC DISCUSSION -
IN FAVOR
Marco Rosas, 1530 W. Holgate, Anaheim. He lives immediately
behind the market. He does not see any problem if the market
sells beer and wine. It is a quiet area. There are no problems
around the market or the area. It will be very convenient for
him, for his friends and all the neighborhood to have beer and
wine sold at the market. They do not want to go far away and
would not have to use their car but can walk to the market.
388
C£t¥ Hall~ Anahe~ Cal£forn£a - COUNCIL MINOTES - JUNE 2~ 1992 - 5~00 P.M.
Mary Hong, 1525 W. Trenton Place, Anaheim. She is supporting
Mr. Park's market to have beer and wine. She can walk to the
market. It is a nice quiet place. If she has visitors, she does
not have to drive far to buy beer and wine. It is a good idea.
PUBLIC DISCUSSION -
IN OPPOSITION:
Michael Hawkins. He lives directly across the street at 1775
Bayless and has for 6 years. He has a three-year-old son and a
four-year-old daughter. They frequently play out in the front
yard. They are opposed to the convenience market and were told at
the time they would not put in a convenience market. He has
watched them progressively proceed to what he feels is their
ultimate objective, a liquor store. The traffic through their
neighborhood has increased already. There are already two stores
that sell liquor in close proximity as well as others. It is a
diverse neighborhood with older people, younger people, renters
and homeowners. As a homeowner, he is very concerned about the
element they would encourage because of a liquor store in the
neighborhood. It would not serve the City of Anaheim or the
community anymore than what they presently have. It is a
neighborhood convenience market and would only further deteriorate
the neighborhood. It is a good family neighborhood and a liquor
store would not help at all.
Don Delucas, 1515 W. Holgate, Anaheim. They were told in the
beginning this was going to be a professional type building and
now they have a convenience store, martial arts, people hanging
around that should not be there. The store has already been
robbed, the Temple has been robbed twice. They do not need it and
Anaheim does not need it. There are liquor suppliers to the left
and right. They do not need any more.
Ambrose Robinson, 1771 Bayless, Anaheim. He is in opposition to
any alcohol at the location because they have been "led down the
path". Before the building was built, it was agreed there would
be no convenience market, fast food or an arcade. He would like
to ask the City Attorney if a condition is made and agreed to, is
that not a contract.
City Attorney White. He answered no. The condition imposed on
the original permit can be requested for amendment b~ the
applicant or the City can initiate proceedings to amend
conditions. That is why this has been scheduled for a public
hearing tonight. The request is to amend that original condition.
It is not in the nature of a contract. He then answered questions
posed by Council Member Pickler on what was allowed under the
Conditional Use Permits granted the business. Conditional Use
Permit No. 3420 granted the convenience market with a condition
that no alcoholic beverages would be sold and Conditional Use
Permit No. 3081 granted the commercial retail center limiting the
hours of operation from 7:00 a.m. to 9:00 p.m. The applicant is
seeking amendment to these conditions. There is no contractual
agreement by the City or the applicant that forever more he is
prohibited from asking. It is up to the Council whether one is
appropriate.
389
City' Ball, Anaheim~ 'Cal£forn£a - COUNC:]:~ M:I:NUTS$ - ,YUNB 2, 1992 - 5 ~00 P.M.
Rick Blake. The initial plan was to go in without alcohol. They cannot
financially make it without beer and wine. It is not so much the loss of
alcohol sales, but the loss of all the other items when people go some place
else where they can buy everything at once. They have shown they can operate
as a market. They have not created problems, traffic or litter. They are now
asking for one more piece and asking that they be allowed to prove themselves
on that. A change in plans is a very normal business happening. People in
the area have signed a petition that they would like it.
There being no further persons who wished to speak, Mayor Hunter closed the
public hearing.
Council Member Ehrle. He believes it would be detrimental to the peace,
health and safety of the neighborhood to provide alcoholic beverages at the
market. It was originally approved without the sale of beer and wine. It is
adjacent to a church. The neighborhood has spoken, they do not want another
store that sells alcohol in their neighborhood.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council
Member Ehrle, seconded by Council Member Daly, the City Council approved the
negative declaration upon finding that it has considered the negative
declaration together with any comments received during the public review
process, and further finding on the basis of the initial study and any
comments received that there is no substantial evidence that the project will
have a significant effect on the environment. MOTION'CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 92R-110)
Council Member Ehrle moved to waive the reading in full of the resolution.
Council Member Daly seconded the motion. MOTION CARRIED.
Council Member Ehrle offered Resolution No. 92R-110 for adoption, denying
amendments to certain conditions of approval in Conditional Use Permits
Nos. 3081 and 3420 as approved by Resolutions Nos. PC88-303, PC91-87 and
PC91-88. Refer to Resolution Book.
..RESOLUTION NO. 92R-!10: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING AMENDMENTS TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL
USE PERMITS NOS. 3081 AND 3420 AS APPROVED BY RESOLUTIONS NOS. PC88-303,
PC91-87 AND PC9].-88.
.Roll Call Vote on Resolution No. 92R-110 for adoptions
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Resolution No. 92R-110 duly passed and adopted.
ADJOURNMENT: Council Member Hunter moved to adjourn, Council Member Daly
seconded the motion. MOTION CARRIED. (8:15 p.m. )
LEONORA N. SOHL, CITY CLERK
390