1992/09/15City Hallm Anaheimm California - COUNCIL MINUTES-SEPTEM~_ER 15, 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 (entered @ 3:12)
and Hunter
COUNCIL MEMBERS: None
ASSISTANT CITY MANAGER: Jim Armstrong
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ASSISTANT CITY CLERK: Ann M. Sauvageau
DEPUTY CITY MANAGER: Tom Wood
LIBRARY DIRECTOR: William J. Griffith
PROPERTY SERVICE MANAGER: Robert ZurSchmiede
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:05 p.m. on September 11, 1992 at the Civic Center kiosk,
containing all items as shown herein.
Mayor Hunter called the workshop portion of the meeting to order at 3:02 p.m.
Jim Armstrong, Assistant City Manager. The workshop today is on the widening
of the I-5 and the status of the Caltrans Property Acquisition. He then
deferred to Deputy City Manager, Tom Woods.
Tom Woods, Deputy City Manager. Present today are Rus Lightcap, District 12
Representative/Caltrans, Lisa Mills, Orange County Transportation Authority
(OCTA) and Rob ZurSchmiede from the Community Development Department staff
plus additional persons from the subject agencies.
Mr. Russ Lightcap, District 12 Representative/Caltrans. He gave a status of
the I-5 widening projects specifically from the 5/91 Interchange to the 5, 22,
57 up to the 91. This is a partnership arrangement where significant dollars
for the project are being paid for by Measure M funds. Local funds are also
involved in the project. After giving the status of the project, he noted
that there are current issues being worked on with staff - to get a freeway
agreement and in concert with that, a performance agreement. They are working
on the performance agreement with Caltrans and hope to get it resolved
quickly. The schedule of the project will depend on that agreement. They
want to pr0c~d with right-of-way a~qu£~£~i~n a~ ~u£e~ly a~ poss£~le. He
reiterated they have a partnership arrangement with OCTA and work very closely
with them. He then introduced Ralph Neal, the Deputy for Right-of-Way in the
district.
Note that a package of information was submitted to the Council (made a part
of the record) containing information on the Route 5 construction schedule,
right-of-way functional branches, definitions, procedures for right-of-way
acquisitions for single-family residences and businesses, Caltran's
District 12 Route 5 projects and booklets pertaining to property acquisition
relocation and assistance and rights and benefits under the Uniform Relocation
Assistance Program, parts of which were covered in the presentations made.
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City Hallr Anaheim, California - COUNCIL MINUTES-SEPTEMBER 15, 1992 - 5: 00 P.M.
Mr. Ralph Neal, Deputy, Right-of-Way/Caltrans. They see the project as one of
the most complex projects of right-of-way that the State has faced. It is
critical that they have as close a working relationship as possible with the
City. To date, they have been working with Community Development staff, the
Fire Department, Code Enforcement and staff from the Utilities Department.
They have also been working on an arrangement with the Community Development
staff whereby they will be able to pass information to the businesses and make
the first offer to them, letting them know of the opportunities available to
remain in Anaheim. The goal is to successfully relocate the businesses
preferably within the City. His presentation then covered the number of
parcels involved to be acquired, the environmental process, the definition of
just compensation, the acquisition process and the fact that a series of
community meetings will be held in the affected areas to keep the public
informed. He requested/invited City staff to attend and participate in those
meetings. He will also come back to the Council anytime they wish to have an
update or status report on the project. Before concluding, Mr. Neal
introduced Linda Wilford, Chief, Project Management Branch Caltrans -
Telephone Number 724-2432 and A1 Goldstein, Head Acquisition Branch Caltrans -
Telephone Number 724-2451.
Mr. Neal's presentation was followed by questions by Councilmembers.
Mr. Lightcap then also introduced Lupe Jongala, Orange County Transportation
Authority who works closely with the project. He explained that Ms. Jongala
and Ms. Wilford are the representatives to focus on.
Rob ZurSchmiede, Property Service Manager. Then explained staff's
participation in the process.
Mayor Hunter and Councilmembers extended their thanks for the status update.
REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items:
a. To confer with its attorney regarding pending litigation
pursuant to Government Code Section 54956.9(a) to wit:
Golden West Baseball Co. vs. City of Anaheim, Orange
County Superior Court Case No. 40-92-46; Anaheim Stadium
Associates vs. City of Anaheim, et. al., Orange County
Superior Court Case No. 44-81-74.
City of Anaheim v. Admiral Insurance Co. et al. SDSC
Case No. 65-06-78.
In Re Application of Southern California Edison Co. CPUC
Docket Nos. R.91-68-003 and 1.91-08-002.
City of Anaheim v. Ertzen Associates, Inc., et al., San
Bernardino Superior Court Case No. SCV 246402.
City of Anaheim v. Admiral Insurance Company, et al., San Diego
Superior Court Case No. 650678.
United States of America v. Montrose Chemical Company, et al.,
United States District Court Case No. CV-3122-AAH (JRx).
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City Hall· Anaheim, California - COUNCIL MINUTES-SEPTE~ER 15· 1992 - 5:00 P.M.
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.
In Re Grievance of Jeffrey Mayer, File No. 910281.
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.
Council Member Hunter moved to recess into Closed Session, Council Member
Ehrle seconded the motion. MOTION CARRIED. (3: 40 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.
(5:06 p.m.).
INVOCATION: Bruce J. Cramer, Pastor, Anaheim First Christian, gave the
invocation.
FLAG SALUTE: Council Member Bob Simpson led the assembly in the Pledge of
Allegiance to the Flag.
119: PROCLAMATION: The following proclamation was issued by Mayor Hunter and
authorized by the City Council:
Independent Living Month, October, 1992
Debbie Lum of the Dayle McIntosh Center for the disabled accepted the
Independent Living Month proclamation.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was
unanimously adopted by the City Council and presented to Mr. Wayne West
recognizing him subsequent to his retirement from the City in July after
20 years of service where from 1984 to 1992 he served as Anaheim's Chief
Building Official. Mr. West was accompanied by his wife.
Ma¥0r Hunter and C0un0ilm~mb~r~ e~ng~a~ula~d an~ e~mm~n~ed Mr. Wes~ £or him
dedicated service to the City and citizens of Anaheim and wished him a happy
retirement.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was
unanimously adopted by the City Council and presented to Joseph P. "Joe"
Walker, outgoing president of the Plumbing, Heating, and Cooling Contractors
for Orange, Riverside and San Bernardino Counties.
Mayor Hunter and Councilmembers commended Mr. Walker not only for what he had
done for his industry, but also for his support of projects contributing to
the betterment of the needy in the community.
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City Hallr Anaheimr California- COUNCIL MINUTES-SEPTEMBER 15, 1992 - 5:00 P.M.
119: DECLARATION OF RECOGNITION-. A Declaration of Recognition was
unanimously adopted by the City Council and presented to Mr. Bill Snyder on
his retirement after serving 24 years as President and Chief Executive Officer
of the Anaheim area Visitor and Convention Bureau. Mayor Hunter and
Councilmembers personally congratulated Mr. Snyder and commended him for his
dedication and commitment to the community and for establishing Anaheim as a
world class vacation and convention destination. They also wished him much
happiness in his retirement.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,026,692.09 for the
period ending September 4, 1992 and $3,932,747.58 for the period ending
September 11, 1992, in accordance with the 1992-93 Budget, were approved.
Mayor Hunter recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (5: 22 p.m. )
Mayor Hunter reconvened the City Council meeting. (5:25 p.m. )
ITEMS OF PUBLIC INTEREST:
,
John Hlavac, 934 Maple Street, Anaheim. He is concerned relative to Anaheim's
Burglar Alarm Ordinance which, as it stands, gives the Police the right to
enter anyone's home under the guise of inspecting the burglar alarm system.
He thereupon referred to and read the section of the code involved
(Section 4.95.140). He has been trying to get City staff to have the
ordinance modified but to no avail. Subsequently, he circulated a petition
which he submitted to the Council (made a part of the record containing
approximately 142 signatures) asking that the Council change the code since
they do not feel the Police should have the right to enter any buildings
simply because the building has a burglar alarm.
Questions were then posed to Mr. Hlavac by Councilmembers during which he
explained that he is not opposed to having a permit for a burglar alarm, but
to the right-of-entry provision.
The Council determined that the matter be referred to the City Manager with a
report back to the Council.
Judith Afsahi, 6000 E. Silverspur Trail, Anaheim, 92807. She submitted a
letter dated September 15, 1992 to the Council attached to which were other
documents and a booklet relating to "Models of Unity .... ...activities or
events initiated by an individual, group or organizations which demonstrate
the process of intergroup unity". She asked for assistance in locating
examples of "Models of Unity" in the City.
PUBLIC COMMENTS - AGENDA ITEMS:
Several speakers addressed Items A20 and A32 - see discussion under those
items.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member
Pickler, seconded by Council Member Hunter, the following items were approved
in accordance with the reports, certifications and recommendations furnished
each Council Member and as listed on the Consent Calendar; Council Member
Pickler offered Resolution Nos. 92R-193 through 92R-195, both inclusive, for
adoption. Council Member Pickler offered Ordinance No. 5333 for adoption.
Refer to Resolution/Ordinance Book.
WAIVER OF READING - RESOLUTIONS/ORDINANCE: The titles of the following
resolutions and ordinance were read by the City Manager. (Resolution
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City Hall, Anaheim, California - COUNCIL MINUTES-SEPTEMBER 15, 1992 - 5:00 P.M.
Nos. 92R-193 through 92R-195, both inclusive, for adoption; and Ordinance
No. 5333 for adoption. )
Council Member Pickler moved to waive the reading in full of the resolutions
and ordinance. Council Member Hunter seconded the motion. MOTION CARRIED.
Al. 118: The following claims were filed against the City and action taken
as recommended:
Claims rejected and referred to Risk Management:
a. Claim submitted by Jesus Galvez for bodily injury sustained
purportedly due to actions of the City on or about May 5, 1992.
b. Claim submitted by Thomas R. Oswald for property damage sustained
purportedly due to actions of the City on or about February 23, 1992.
c. Claim submitted by Jeffrey E. Easterly for property damage sustained
purportedly due to actions of the City on or about July 14, 1992.
A2. 105: Receiving and filing minutes of the Public Utilities Board meetings
held July 2, 1992, and July 16, 1992.
105: Receiving and filing minutes of the Community Redevelopment Commission
meeting held August 19, 1992.
105: Receiving and filing a Disclosure of Property Interests in Redevelopment
Areas from Robert Linn. (No reportable interests. )
A3. 149: ORDINANCE NO. 5333 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING SECTION 14.32.190 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO PROHIBITED PARKING ON PORTIONS OF ROOSEVELT ROAD
AND MONTE VISTA ROAD.
A4. 158: RESOLUTION NO. 92R-193: 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.
A5. 123: Approving a Lessor Estoppel Certificate relating to the lease of
the Inn at the Park property by the City to Anaheim Hotel Associates and
Dallas Hotel Associates; and authorizing the Mayor and City Clerk to execute
said Lessor Estoppel Certificate on behalf of the City.
A6. 112: Authorizing the City Attorney to execute a Ceneral Release and
Covenant Not to Sue pertaining to the construction of the Dad Miller Clubhouse
upon receipt of the settlement proceeds.
A7. 123: Approving the Fifth Amendment to EXhibition Agreement with the
Los Angeles Rams Football Company in conjunction with, and prior to the
approval of the sale of the Certificates of Participation for the 1992
Refunding Projects.
A8. 123: Approving Agreements between Anaheim Community Center Authority
(CCA), Howard Needles Tammen & Bergendoff (HNTB), and Brandow & Johnston, on
the one hand, and Taylor Woodrow Construction California Limited and Taylor
Woodrow Construction Corporation on the other hand.
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123: Approving a Settlement Agreement and General Release between the CCA,
the City, HNTB and Brandow & Johnston.
A9. 107: Awarding the contract to the lowest and best responsible bidder,
Charlie Ray Gann Demolition Contracting, in the amount of.$43,360 for Katella
Avenue Frontage Building Demolition and Asbestos Removal; 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.
Al0. 169: Awarding the contract to the lowest and best responsible bidder,
R.J. Noble Company, in the amount of $284,654.20 for Imperial Highway/Santa
Ana Canyon Road Street and Traffic Signal Improvements; and in the event said
iow bidder fails to comply with the terms of the award, awarding the contract
to the second iow bidder, as well as waiving any irregularities in the bids of
both the low and second iow bidders.
All. 150: Approving a Notice of Completion of the construction of Pearson
Park Restrooms, Checkout Building, and Water Meter Vault Replacement by
J.H. Rives Company; and authorizing the Mayor to sign and the City Clerk to
file said Notice of Completion.
A12. 150: Approving a Notice of Completion of the construction of Boysen
Park Security Lighting by Safelectric Company; and authorizing the Mayor to
sign and the City Clerk to file said Notice of Completion.
A13. 123: Approving an Agreement with the County of Orange for seismic
safety retrofit improvements on the Tustin Avenue Bridge at the Santa Aha
River.
A14. 170: Approving the Subdivision Agreement of Parcel Map No. 90-236 with
William C. and Vincent C. Taormina, and authorizing the Mayor and City Clerk
to execute the Agreement. Said Parcel Map relates to property located at the
northwest corner of La Palma Avenue and Blue Gum Way.
A15. 170: Approving the Final Map of Tract No. 13541, and the Subdivision
Agreement Baldwin Building Contractors, and authorizing the Mayor and City
Clerk to execute the Agreement. Said Tract 13541 is located at The Summit of
Anaheim Hills on Hanlon Way east of Serrano Avenue.
Al6. 174: RESOLUTION NO. 92R-194: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM TO CONTINUE A DISADVANTAGED BUSINESS PROGRAM FOR ALL PROJECTS
IN THE CITY OF ANAHEIM RECEIVING UNITED STATES DEPARTMENT OF TRANSPORTATION
FUNDING AND ESTABLISHING A DISADVANTAGED BUSINESS ENTERPRISE GOAL OF 13.00%
FOR THE FEDERAL FISCAL YEAR ENDING SEPTEMBER 30, 1993.
Al7. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order to O. M. Scott and Sons, in an amount not to exceed
$110,000 plus applicable tax for fertilizers, fungicides, and herbicides as
required by Golf Operations and the Stadium.
A18. 160: Accepting the bid of Pauwels Transformer Company, in the amount of
$10,703 for one 750 KVA three-phase padmount transformer, in accordance with
Bid Proposal #5070.
160: Accepting the bid of Howard Industries c/o Maydwell & Hartzell Company,
in the amount of $15,891 for one 1000 KVA three-phase padmount transformer, in
accordance with Bid Proposal #5070.
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160.' Accepting the bid of Westinghouse Supply Company, in the amount of
$16,104 for one 1500 KVA three-phase padmount transformer, in accordance with
Bid Proposal #5070.
A19. 123: Accepting the bid, and authorizing the execution of a contract to
Phoenix Group Information Systems, for parking citation management, in an
amount not to exceed $91,822 for a period of nine months beginning October 1,
1992, with the option to extend for three one year periods, in accordance with
Bid #5074 as publicly advertised.
A20. 123: Accepting the low bid, and authorizing the execution of an
Agreement with Brodart Company, in an amount not to exceed $130,400 for
cataloging and processing services for the Library Technical Services Division
for a period of one year commencing September 1, 1992, with options to renew
for four additional years, all in accordance with Bid Proposal #5063.
Sharon Ericson, President, Anaheim Municipal Employees Association (AMEA).
She first submitted report dated September 15, 1992 to the Mayor and Council
from AMEA addressing the item. After a moratorium on privatization was voted
at the August 25, 1992 Council meeting, she is appalled to see this issue on
the agenda tonight. AMEA made several presentations, one being the problems
other agencies have had with the proposed contractor, Brodart. The Orange
County Public Library tried processing cataloging with Brodart and found it to
be a bad experience in both quality and cost. They got out of the contract
and went back to their prior method, the way Anaheim handles it currently.
She asked that the Council look at the material presented and make the right
choice. She again questioned why it was even on the agenda and what happened
to the moratorium. If the answer is because it was in the process of being
studied, that will not work. If that is to be the case, then there really is
no moratorium or perhaps the moratorium does not apply to the AMEA.
Marilyn Hauk, Second Vice President AMEA. She also stated that AMEA thought
there was a moratorium on privatization. The subject bid does not compare
apples with apples. As long as they continue to do contracts where they are
not insisting that a company have medical benefits, vacation, etc., it is only
adding to the social problems already in existence. She would hope that they
require more information perhaps from the other employee groups, especially
since others have spoken unfavorably of the proposed contractor.
Mayor Hunter asked the Library Director to give his input on the item.
Bill Griffith, Library Director. This matter has been under study for several
years. It has long predated any concern with privatization. The technology
in the business has changed. The way they are cataloging is no longer viable
in today's climate. They have been looking at two options -
deprofessionalizing the operation and going to a clerical operation or
contracting out. Either one was acceptable, but it looked more advantageous
to contract out. Well in advance of the moratorium, they issued an RFP
calling for bids. They received proposals, evaluated them and elected to go
with Brodart. They have also contacted the different libraries and got a
somewhat different response than AMEA. Further, if it doesn't work, they have
an option of going to another vendor. If not acceptable, they would use
staff. If they did, they would use clerical staff but it would not be done
the same way it is done now.
Mr. Griffith then answered questions posed by Councilmembers. No one will go
out the door or be laid off with the change. They could do the work in-house
but it is cleaner and cheaper to utilize the private sector in this case. It
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City Hallr Anaheimr California - COUNCIL MINUTES-SEPTEMBER 15r 1992 - 5:00 P.M.
is not new in libraries. It started a number of years ago. It involves the
physical processing of the book from the time it is received to the time it is
ready to go on the shelf and entered into the catalog. It will be done
electronically. They have saved vacant positions so no one will lose their
position. Whether they privatize or not, the impact will be identical. If
they chose not to contract, they will put clerical employees on that job and
put others elsewhere.
A21. 128: Receiving and filing the Monthly Financial Analysis presented by
the Director of Finance for one month ended July 31, 1992.
A22. 123: Approving an Agreement with Nam June Paik, in the amount of
$145,000 to provide artwork at the Anaheim Arena.
Council Member Pickler voted no on this item.
A23. 123: Approving an Agreement with Anaheim Union High School District for
joint use of athletic facilities.
A24. 153: Authorizing full-time City of Anaheim Employees to participate in
a one-time accrued vacation buy-out, to provide a cash donation to a
seriously-ill employee in the Community Development Department.
A25. 123: Approving a Second Amendment to Agreement with the Community Care
Network to provide professional services relative to the City's self-
administered workers' compensation claims program, in the form of hospital
utilization review and hospital specified rates, for the period of July 1,
1992 to June 30, 1994.
A26. 123: Approving the assignment of equipment portion of the rental
payment from Pacific Equipment & Irrigation, Inc., to Chicorp Financial
Services, Inc.
A27. 118.- RESOLUTION NO. 92R-195: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN
TWO YEARS OLD. (Stadium/Golf Department. )
A28. 123: Approving an Agreement with Edwin N. Homer, dba The Information
Technology Group (ITG) and the Data Processing Department for an amount not to
exceed $107,800 for the purpose of implementing an Information Systems Plan
for the Community Development Department.
A29. 123: Approving an Agreement with Taormina Industries, Inc., which
authorizes dissolution of Anaheim Disposal, Jaycox Disposal, and Consolidated
Volume Transporters, Inc., and appoints Taormina Industries, Inc., as
successor to such dissolved companies.
A30. 123: Approving an Agreement with the Orange County Center for Health,
Inc., in an amount not to exceed $30,000 for prenatal care services to low-and
moderate-income women.
123: Approving an Agreement with the Orange County Center for Health, Inc.,
in an amount not to exceed $23,000 for general medical services to iow-and
moderate-income persons.
A31. 155: Approving a Negative Declaration pursuant to CEQA findings, for
Underground Installation of Fairmont Substation 12 KV Circuits Mesa and Meadow
in Fairmont Boulevard and Canyon Rim Road.
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A32. 159: Reject£ng all bids, and authorizing the Department of Maintenance
to continue to maintain the four central City buildings (City Hall, City Hall
West, Central Library and Police Department) as the most qualified, low cost
service provider. .-
..
Homer Watson, Ameriko Maintenance Company. They submitted a bid in good faith
covering the maintenance of the four City buildings. At the bid opening, two
responsible bids were opened, theirs and Koll Maintenance Management. The
Ameriko bid at the time was Iow bid. They were informed that the City would
be competing as well and he (Watson) asked what was the City's price and why
the bid was not opened at the public bid opening. He was informed that the
information would not be made available. Being in the contracting business
when their prices are on the table and they find out someone else is bidding
but they do not know their prices or their status, it becomes alarming. They
were subsequently informed they were not the iow bidder but the City of
Anaheim was and came in approximately $200,000 less per year. Looking at the
bid summary prepared by the City Maintenance Department, it would appear that
perhaps Ameriko's prices may have been used as a benchmark. It is a large
question, in their mind, of ethics. He has been in the contracting business a
long time but has never seen anything like this. He is recommending that the
bid process be reviewed by parties on both sides headed up by a disinterested
group to find out what really happened in this bid process.
council Member Daly. In trying to understand some of the'numbers, in the
current fiscal year, $661,000 is budgeted to maintain the four buildings. He
knows one will be only for a partial year because it is the new City Hall West
and for the next five years they are looking at approximately one million
dollars a year. He asked what accounts for the gap. Assistant City Manager,
Jim Armstrong. The first is the new building .which will add costs to maintain
it and Utility costs. Secondly, they underbudgeted this year. That is an
error and they will have to recoup next year.
Council Member Daly asked then if the reserve will be depleted in a few years.
Jim Armstrong. It will cover the cost in the current fiscal year. The
primary purpose of the reserve is if major components go out. They do not
want to deplete it. In future years, they will have to go back to each one of
the departments and when they charge them costs, it will have to be hirer to
recoup it.
A33. 114: Approving the Anaheim City Council minutes of the meeting held
July 21, 1992.
Roll Call Vote on Resolution Nos. 92R-193 throuqh 92R-195, both inclusive, for
adoption:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 92R-193 through 92R-195, both inclusive,
duly passed and adopted.
Roll Call Vote on Ordinance No. 5333 for adopt'ion:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
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City Hallr Anaheim, California- COUNCIL MINUTES-SEPTEMBER 15r 1992 - 5:00 P.M.
The Mayor declared-Ordinance No. 5333 duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
A34. 149: PUBLIC MEETING - ESTABLISHING AN INCREASE FOR PARKING VIOLATIONS:
To consider an ordinance establishing an increase, in the amount of $2.00
in penalties for Anaheim Municipal Code parking violations (Anaheim
Municipal Code 14.32.550).
Submitted was report dated September 15, 1992 from the Director of
Maintenance, John Roche and Chief of Police, Joe Molloy recommending that the
Council adopt by ordinance a $2.00 increase for all parking penalties
established in Anaheim Municipal Code Section 14.32. 550.
Mayor Hunter asked if anyone wished to address the Council relative to the
proposed increase; no one wished to speak.
Council Member Hunter'offered Ordinance No. 5334 for first reading.
ORDINANCE NO. 5334 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM
ESTABLISHING THE PENALTIES FOR ANAHEIM MUNICIPAL CODE PARKING VIOLATIONS.
BOARDS AND COMMISSIONS:
A35. 105.- APPOINTMENT TO THE HOUSING COMMISSION: Appointment to the Housing
Commission to fill the unscheduled vacancy of Elmer Thill, which term expires
6/30/93. This matter was continued from the meetings of August 11, August 18
and August 25, 1992 to this date.
Council Member Pickler again requested that the matter be continued for one
week.
Council Member Ehrle stated he has a person who expressed an interest,
Mr. Robert Lowe; however, he would not object to a continuance.
MOTION: Council Member Pickler moved to continue the appointment to the
Housing Commission for one week to September 22, 1992. Council Member Hunter
seconded the motion. MOTION CARRIED.
ITEMS B1 - B5 FROM THE PLANNING COMMISSION MEETING OF AUGUST 24, 1992
INFORMATION ONLY - APPEAL PERIOD ENDS SEPTEMBER 15t 1992:
B1. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3534 AND
NEGATIVE DECLARATION:
OWNER: MCDONALD'S, 4370 La Jolla Village Drive, San Diego, CA 92122
LOCATION: 3210 West Lincoln Avenue (McDonald's Restaurant). Property
is approximately .39 acres located on the southwest corner of Lincoln
Avenue and Western Avenue.
To permit the addition of an outdoor play/dining area to an existing
drive-through restaurant with waiver of required setback adjacent to
Lincoln Avenue and minimum landscape requirements.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3534 GRANTED, IN PART, (PC92-99) (4 yes votes, 1 abstained,
I absent, and 1 vacancy).
Waiver of code requirement - waivers deleted (no action).
Approved Negative Declaration.
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B2. 179: VARIANCE NO. 4192, CATEGORICALLY EXEMPT, CLASS 11:
OWNER: IMPERIAL PROMENADE PARTNERS, 2300 Michelson Dr., Ste. 200,
Irvine, CA 92715.
AGENT: KNOWLWOOD ENTERPRISES, INC., 1717 Orangewood Ave., Ste. 1,
Orange, CA 92668
LOCATION: 5665 East La Palma Avenue. Property is approximately 4.45
acres located north and west of the northwest corner of La Palma Avenue
and Imperial Highway.
Waiver of maximum number of wall signs to construct four wall signs.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4192 GRANTED (PC92-100) (5 yes votes, I absent, and
i vacancy).
B3. 179: CONDITIONAL USE PERMIT NO. 3533 AND NEGATIVE DECLARATION:
OWNER: SIDNEY BICKEL,.3801 Seashore, Newport Beach, CA
AGENT: GLENN GORMAN, 1821 N. Glassell Street, Orange, CA 92665
LOCATION: 633 South East Street. Property is approximately 1.8 acres
located on the west side of East Street and approximately 176 feet
north of the centerline of South Street.
To permit an automotive towing and storage yard.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3533 DENIED (PC92-101) (3 yes votes, 1 abstained, i absent, and
1 vacancy).
Denied Negative Declaration.
The decision of the Planning Commission was appealed by the applicant and,
therefore, a public hearing will be scheduled at a later date.
B4. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3532, AND
NEGATIVE DECLARATION:
OWNER: ENDOWMENT REALTY INVESTORS INC., C/O Commercial Center
Management, Attn: Aimee Brazeau, 1740 E. Garry Ave., Ste 110, Santa
Aha, CA 92705
AGENT: RUDY LUCIDI, C/O RUDY'S PIZZA, 5572 East Santa Ana Canyon Road,
Anaheim, CA 92807
LOCATION: 5572 East Santa Ana Canyon Road. Property is approximately
10.63 acres located at the southwest corner of Santa Ana Canyon Road and
Imperial Highway.
To permit on-premise sale and consumption of beer and wine in
conjunction a semi-enclosed restaurant with waiver of minimum number of
parking spaces.
CUP NO. 3532 GRANTED (PC92-102) (4 yes votes, 1 abstained, 1 absent, and
1 vacancy)
Waiver of code requirement APPROVED.
Approved Negative Declaration.
B5. 179: VARIANCE NO. 4041, AND NEGATIVE DECLARATION:
OWNER: INTERVIROS TRUST AGREEMENT, C/O Jack and Nellie Levine, 320 Pine
Avenue, Long Beach, CA 90802
AGENT: GREENBERG FARROW ARCHITECTS, 17671 Irvine Boulevard, Ste. 220,
Tustin, CA 92680 and The Home Depot, Attn: Jim Lyon, Real Estate Mgr.,
601S. Placentia Ave., Fullerton, CA 92631
LOCATION: 2300 West Lincoln Avenue (The Home Depot). Property is
approximately 9.1 acres located on the south side of Lincoln Avenue and
approximately 655 feet east of the centerline of Gilbert Street.
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City Hall, Anaheim, California - COUNCIL MINUTES-SEPTEMBER 15, 1992 - 5:00 P.M.
To amend or delete condition of approval pertaining to outdoor
display/storage and to .further waive minimum number of required parking
spaces to expand outdoor uses.
ACTION TAKEN BY THE PLANNING COMMISSION:'
Variance No. 4041 GRANTED, IN PART, (PC92-103) (for one year with
possibility of further extensions - to expire August 24, 1993) (4 yes
votes, i abstained, I absent, and 1 vacancy).
Approved Negative Declaration.
END OF THE PLANNING COMMISSION ITEMS.
B6. 155: DENSITY TRANSFER REOUEST NO. 92-03 FOR THE HIGHLANDS OF ANAHEIM
HILLS SPECIFIC PLAN 87-1:
REQUESTED BY: JOE BOYLE, BOYLE ENGINEERING.
To consider a density transfer from Development Areas 7, 8 and 10 to
Development Areas 3 and 5 in order to process a 50-lot single-family
detached residential subdivision (Tentative Tract Map No. 12693,
Revision No. 1) in Development Area 3, a 101-1ot single-family detached
residential subdivision (Tentative Tract Map No. 12686, Revision No. 1)
in Development Area 5, and a 118-1ot single-family detached residential
subdivision (Tentative Tract Map No. 12687, Revision No. 1) in
Development Area 5.
ACTION TAKEN BY THE PLANNING DIRECTOR:
Density Transfer Request No. 92-03 GRANTED, on the condition that the
development within Areas 3 and 5 shall conform to the plans and
specifications on file with the City of Anaheim and labeled as Exhibit
No. 1.
This item was for Council information only. No action was taken by the
Council~
ITEM B7 FROM THE PLANNIN9 COMMISSION MEETING OF SEPTEMBER 9, 1992
INFORMATION ONLY - APPEAL PERIOD ENDS SEPTEMBER 19., 1992:
B7. 179: RECLASSIFICATION NO. 92-93-01, VARIANCE NO. 4194, TENTATIVE TRACT
MAP NO. 14702, WAIVER OF COUNCIL POLICY NO. 542 AND NEGATIVE DECLARATION:
OWNER: SOUTHERN PACIFIC TRANSPORTATION COMPANY, 1200 Corporate Center
Drive, ~100, Monterey Park, CA 91756
AGENT: DANIEL R. POSILOVICH, 1729-C South Douglas Road, Anaheim, CA
92806
LOCATION: 2001 West Folsom Street. Property is approximately 0.84
acres located on the north side of Folsom Street and approximately 301
feet north of the centerline of Forest Lane.
For a change in zone from RS-A-43,000 to RS-7200.
For waiver of minimum lot area, minimum front yard setback and required
lot frontage.
To establish a 5-lot, K$-7200 "affordable" single-family residential
subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
Tentative Tract Map No. 14702 GRANTED (5 yes votes, i abstained, and 1
vacancy).
Approved Negative Declaration.
NOTE: RECLASS 92-93-01 AND VARIANCE 4194 HAVE A 22-DAY APPEAL PERIOD
(WHICH EXPIRES OCTOBER 1, 1992) AND WILL APPEAR ON THE AGENDA OF
SEPTEMBER 29, 1992.
Cl. 107: POOL ROOM PERMIT APPLICATION - MAGIC STIX:
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City Hallm Anaheim, California - COUNCIL MINUTES-SEPTEMBER 15, 1992 - 5:00 P.M.
Request for pool room permit application submitted by William Donald
Jankowski, 1340 Teepee Drive, Escondido, CA 92025. The business is
located at 1235 Knott Street - Magic Stix. This is to consider an
application for the operation of 30 pool tables at the location.
Submitted was report dated September 1, 1992 from the Code Enforcement
Manager, John Pools recommending denial of the subject application giving the
background and reasons for his recommendation.
City Attorney White. This is a hearing in which the applicant is allowed to
present any evidence or testimony he has to offer. The Council may also wish
to allow other members of the public to testify and staff as well.
Mayor Hunter asked if the applicant or applicant's agent was present and, if
so, did they have the opportunity to view the report from the Code Enforcement
Manager.
Mr. William Jankowski was present and stated that he had not seen the
recommendation from staff. (A copy was supplied for Mr. Jankowski to read.)
They are planning on refurbishing the center. It has some older sites and
they want to work with those sites such as the bowling alley next door and
refurbish the entire center. They want to establish a 21 and over club
similar to the one in Costa Mesa called The Shark's Club, an up scale billiard
room. He notes that the staff report is recommending denial. Relative to the
school across the street, since it will be 21 and over, the business would not
affect the elementary school. Most of their activities are at night.
Mayor Hunter asked if anyone else wished to speak. There being no response he
closed the hearing.
MOTION: Council Member Hunter moved that the pool room permit application of
William Donald Jankowski to permit 30 pool tables at 1235 S. Knott Avenue be
denied on the grounds that, by reason of the location where the pool room is
sought to be located, the conducting or carrying on of the pool room would be
detrimental to the public health, public order or morals for each of the
following reasons:
1. Its close proximity to residences to the west and south of
the proposed location would not be compatible with, and
would disturb the peace and tranquility of, the residential
neighborhood.
2. The proposed use would contribute to noise and loitering
problems in an area already overburdened by excessive
noise, loitering and citizens' complaints concerning
nuisance and zoning violations.
3. The proposed location is too close to Hansen Elementary
School and such use would be detrimental to the school and
its activities.
Council Member Ehrle seconded the motion. MOTION CARRIED UNANIMOUSLY.
D1. 179: CONTINUED PUBLIC HEARING- RECLASSIFICATION NO. 91-92-19 AND
MITIGATED NEGATIVE DECLARATION:
OWNER: The Fluor Family Trust, 4521 Perham Road, Corona Del Mar, CA
92625.
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C4ty Hallr _An_ahe:i.mr Cal:i. forn£a - COUNCIl, MINUTES-SEPTEMBER 15t 1992 - 5 ~00 P.M.
AGENT: Cecil' C. Wright, 265 S. Anita Drive, Ste. 205, Orange, CA
92668.
LOCATION/REQUEST: The property is located at 1320-1382 Auto Center
Drive and is approximately 7.98 acres located at the southwest corner of
Auto Center Drive (formerly Taft Avenue) and Sanderson Avenue. The
request is for a change from the ML Zone to the CL Zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 91-92-19 GRANTED (PC92-79) (5 yes votes, 2 no
votes ).
Approved Mitigated Negative Declaration.
HEARING SET ON: The Planning Commission's decision was appealed by the Fluor
Family Trust (agent, Cecil Wright) and public hearing scheduled and continued
from the meetings of August 11, August 18, August 25, and September 1, 1992 to
this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - July 30, 199.2
Mailing to property owners within 300 feet - July 30, 1992
Posting of property- July 31, 1992
City Clerk Sohl announced that there is an additional request for a one week
continuance from the agent for the applicant to Tuesday, September 22, 1992.
Mayor Hunter asked if anyone was present opposed to an additional continuance
of the public hearing; there was no response.
Council Member Hunter moved to continue the public hearing to Tuesday,
September 22, 1992. Council Member Daly seconded the motion. MOTION CARRIED.
ADJOURNMENT: Council Member Hunter moved to adjourn, Council Member Pickler
seconded the motion. MOTION CARRIED. (6:01 p.m. )
LEONORA N. SOHL, CITY CLERK
648