1992/11/17Cit Hall Anaheim California - COUNCIL MINUTES - NOVEMBER 17 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
PLANNING ~IRECTOR: Joel Fick
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 4:00 p.m. on November 13, 1992 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Hunter called the workshop portion of the meeting of November 17, 1992
to order at 3:05 p.m.
City Manager James Ruth. He introduced the workshop portion to be given by
the Planning Director, Joel Fick, a brief overview of the Planning process for
the commercial-recreation area.
179: OVERVIEW OF THE PLANNING PROCESS FOR THE COMMERCIAL RECREATION AREA:
Joel Fick, Planning Director. He is present to give a background update to
one of the major milestones accomplished last week, the release of the Draft
Environmental Impact Report for the Disneyland Resort Project. (See Draft EIR
for the Disneyland Resort EIR No. 311 dated November 12, 1992.) He then gave
an overview of the efforts that had occurred since May of 1991 when the Walt
Disney Company unveiled their plans for the Disneyland resort to the present
time noting the uniqueness of the project due to its size and scale. He
reported on the consultants who have worked on the project and the preparation
of the EIR and the specific plan as well as the many meetings that have taken
place including the scoping meetings and the public input received. This is
the biggest EIR and project undertaken by the City. The EIR itself has 500
pages and includes 10 separate technical studies. The document is in five
volumes - Vol. I - Draft Environmental Impact Report - Vol. 2 - Draft Specific
Plan and Vols. III, IV and V, Technical Appendix. The Draft EIR is presently
in its public review period. The public is encouraged to provide pertinent
comments or issues. Subsequently a Response to Comments document will be
prepared and the EIR will ultimately be considered by the Planning Commission
and the City Council.
The Disn@yland Res0r~ ~ge¢i~i~ Plan along with the City's
Commercial-Recreation (C-R) Specific Plan presently under preparation will
provide the framework that will transform the C-R area into the world class
destination they want it to become. Copies of both the Disneyland Resort EIR
and Specific Plan are available for review in the Planning Department and in
the City's libraries. Copies will also be made available for purchase as well
as being able to purchase only portions of the document. The entire document
cost is $50 or $10 for each volume. Thus far, 60 copies have been requested.
The Disney Specific Plan encompasses a significant portion of the overall
study effort. Acreage wise, over one-half the acreage within the CR area will
be governed by the Disneyland Resort Specific Plan. As a result, the studies
for the balance of the C-R area have been strategically planned to follow the
EIR and Specific Plan for the Disney project. In terms of future events, it
is anticipated the City's Commercial-Recreation Area Specific Plan for the
balance of the area and the EIR will be completed in the next several months
743
City Hallr A-aheimr California - COUNCIL MINUTES - NOVEMBER 17r 1992 - 5:00 P.M,
and also anticipate a major release of those documents at that time as soon as
they are completed. The ultimate goal is that all of these will be considered
together by the Planning Commission and City Council so they will be able to
have a comprehensive look at the entire process.
Before concluding, Council Members posed several questions which were answered
by Mr. Fick.
R_RQUEST 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.
Barajas v. City of Anaheim, Orange County Superior Court Case
No. 69-70-09.
Vasquez v. City of Anaheim, Orange County Superior Court
Case No. 65-30-76.
Scarbrough v. City of Anaheim, Orange County Superior Court
Case No. X61-47-12; City of Anaheim v. Scarbrough et al.,
Case No. 65-51-22
Adams International Metals v. City of Anaheim, Orange County
Superior Court Case No. (unserved).
Anaheim Redevelopment Agency vs. Church Engineering, Inc., Orange
County Superior Court Case No. 69-91-70.
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 and give directions to the Anaheim Redevelopment
Agency's real property negotiator concerning the possible
acquisition of certain real property located at:
1) 1100 N. Tustin Avenue, owned by Eugene A. Leyton; and
744
Cit Hall Anaheim California - COUNCIL MINUTES - NOVEMBER 17 1992 - 5:00 P.M.
2) 4457 E. La Palma Avenue, owned by Athanasios and Effie
Foskaris. 1
Council Member Hunter moved to recess into Closed Session, Council Member
Pickler seconded the motion. MOTION CARRIED. (3:12 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.
..
(5:05 p.m.).
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
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER: Gary Johnson
PLANNING DIRECTOR: Joel Fick
ZONING ADMINISTRATOR: Annika Santalahti
INVOCATION:. Captain Antonio Horta, Salvation Army, gave the invocation.
FLAG SALUTE: Council Member Irv Pickler led the assembly in the Pledge of
Allegiance to the Flag.
127: R~SULTS OF THE GENERAL MUNICIPAL ELECTION HELD NOVEMBER 3, 1992~.
Reciting the fact of the General Municipal Election held on November 3, 1992
declaring the result and such other matters as provided by law.
WAIVER OF READING - RESOLUTION~ The title of the following resolution was
read by the City Clerk. (Resolution No. 92R-229)
Council Member Pickler moved to waive the reading in full of the resolution.
Council Member Hunter seconded the motion. MOTION CARRIED.
Council Member Pickler offered Resolution No. 92R-229 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 92R-229:. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANA/~EIM, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD
ON NOVEMBER 3, 1992, DECLARING THE RESULT ~/~D SUCH OTHER MATTERS AS PROVIDED
BY LAW.
Roll Call Vote on Resolution No. 92R-229 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-229 duly passed and adopted.
Spread in full on these minutes is the Certificate of Canvass from the
Registrar of Voters:
745
CERTIFICATE OF REGISTRAR OF VOTERS TO RESULT
OF THE CANVASS OF THE GENERAL ELECTION RETURNS
57HT'E OF CALIFORNIA)
COUNTY OF ORANGE )
I, Donald Tanney, Registrar of Voters or Orange County, do hereby certify
the following t.o be a full, true and correct Statement or the Vote of the
election listed below, consolidated with the General Election held on November
3, 1992.
CITY OF ANAIIEIM GENERAL MUNICIPAL ELECTION
MAYOR
TOM DALY 43,711
FRED IIUNTER 33,947
MEMBER OF TIlE CITY COUNCIL
TOM DALY 34,235
FRANK FELDIIAUS 20,469
BOB ZEMEL 15,540
WILLIAM D. EtlRLE ]5,340
KEIlll OLESEN ]2,669
MANUEL T. ONTIVEROS 9,093
FRANK E. TURNER 7,738
EDWARD S. SKINNER 6,828
HIll KNYPSIRA 6,]74
BILL FITZGERALD 5,894
IODD E. KAUDY 3,389
FARES BATARSEII 1,783
MEASURE A
MEASURE E
YES
NO
YES
NO
YES
NO
YES
NO
MEASURE B
MEASURE C
MEASURE D
62,665
15,067
32,474
39,946
36,284
35,638
37,485
32,122
PRECINCTI BALLOTS CAST'
ABSENTEE BALLOTS CAST'
TOTAL BALLOTS CAST'
YES
NO
YES
NO
YES
NO
YES
NO
MEASURE F
MEASURE G
HEASURE )1
70,660
13,709
84,369
47,761
20,06g
50,386
17,092
34,270
32,288
57,50]
]3,650
I hereby certify that the number of votes cast is as set forth above and
appears in the Certified Statement of the Vote.
WITNESS my hand and OFficial Seal Chis llth day of November, 1992.
"r;'"-
..~ .r__x". ....... . · l~- %
.~.,.G'-~ --' _L"-._" -;',, %
DONALD IANNEY
REGISTRAR OF VOTERS .
Orange County
City Hall, ~_~aheim, California - COUNCIL MINUTES - NOVE~ER 17, 1992 - 5:00 P.M:
114: SWEAR-IN OF MAYOR AND NEW COUNCIL MEMBER.' The Oath of Office was then
administered to newly-elected Mayor, Tom Daly who also was re-elected to his
Council seat (term of Mayor, two years to 1994 - term of Council Member, four
years to 1996) and to newly-elected Council Member, Frank Feldhaus (four year
Council Member term to 1996).
The Council was thus reorganized - Council Member Feldhaus, Council Member
Hunter, Council Member' Pickler, Council Member Simpson and Mayor Daly.
RECESS: The City Council then recessed for a brief reception after the
Swearing in of Mayor Daly and Council Member Feldhaus. (5:11 p.m.)
AFTER RECESSI Mayor Daly called the meeting to order, all Council Members
being present. (5:37 p.m.)
Mayor Tom Daly. He first introduced former Mayors of Anaheim and former City
Council Members who were present in the Chamber audience for the swear-in
ceremonies Jack Dutton, Cal Pebley, Ralph Clark and Supervisor Don Roth. Ben
Bay had also been present earlier in the meeting.
Council Members: Miriam Kaywood. Lew Overholt and Dr. William Kott were
present earlier in the meeting.
Council Member Frank Feldhaus. He first introduced members of his family who
were present in the Chamber audience including his wife Sally. He expressed
gratitude to his family and supporters and then gave the background of his
history and experiences in the City of Anaheim where he has lived since 1958.
He elaborated on the reasons why he felt he was elected to the Council and
that he will be committed to the objectives he sees as priorities - returning
the control of City government to the taxpayers, reducing the cost of
government, repealing the Utility tax, empowering the Police Department for
hard line law enforcement, promoting and retaining businesses and industry in
Anaheim including revisiting the Business License Tax and creating a strong
balance between the residential commercial and industrial zones insuring a
better quality of life for all. He fully intends to lobby every member of the
Council to vote with him to achieve those goals and to ask every employee from
top management down to cooperate toward the objectives of those goals.
Mayor Tom Daly. He first stated how proud he is to be a member of the City
Council and now Mayor of his home town. He gave the background of his boyhood
in Anaheim and the momentous things that had occurred that had changed Anaheim
to a world destination City with the opening of Disneyland, the Convention
Center and Anaheim Stadium. He then introduced members of his family who were
present as well as friends and supporters. He thanked them for their hard
work and loyalty and most especially thanked his wife Debra.
Mayor Daly then made a simple request, that they begin the long and difficult
process of reconciliation and urged that they work in a united effort to bring
to reality projects such as the Disneyland Resort, the Santa Ana Freeway
widening, etc., but that ultimately there be a shared vision that Anaheim will
be the best place to live, work and raise a family. He then outlined his
extensive plan to bring that vision to fruition. He stated he also has other
hopes and dreams which he will be sharing in future weeks. He has a vision
for Anaheim as a City that works well, a City that respects its employees and
its citizens, a City that is safe and secure and a City with restored pride in
its neighborhoods.
746
City Hall, A_naheim~ California - COUNCIL MINUTES - NOVEMBER 17~ 1992 - 5:00 P.M.
In concluding, he again thanked his friends, his family and all others for
giving him the opportunity to lead the City as well as their faith and
confidence. He will be calling upon everyone for their guidance every step of
the way as they proceed toward 1993.
119.- PROCLAMATIONS..' The following proclamations were issued by Mayor-Daly
and authorized by the City Council:
American Education Week, November 16 - 20, 1992
World AIDS Day, December 1, 1992
Flu Prevention Week in Anaheim
November 22 - 28, 1992
The Great American Smokeout, November 19, 1992
Dr. Mary Ellen Blanton accepted the American Education Week proclamation, Mary
Wright accepted the Flu Prevention Week proclamation and Dick Harmon accepted
the Great American Smokeout proclamation.
119: DECLARATION OF RECOGNITION AND CONGRATULATION:. A Declaration of
Recognition and congratulation was unanimously adopted by the City Council and
presented to Francis L. Young on his retirement from the City's Maintenance
Department following 35 years of service.
Mayor Daly and Council Members congratulated Mr. Young and commended him for
his long and dedicated service to the City and citizens of Anaheim. They
wished him well in his retirement.
119: DECLARATION OF RECOGNITION..-.. A Declaration of Recognition was
unanimously adopted by the City Council to be presented to Richard Lutz
recognizing him and commending him for his service to the youth of Anaheim and
wishing him well on his retirement from the Anaheim Union High School District
Board of Trustees after 5 years of service.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was
unanimously adopted by the City Council to be presented to Mr. James Edwards,
Sr., for his 63 years of service and dedication to the film industry and
welcoming the Edwards Family to Anaheim upon the opening of the Edwards Cinema
Anaheim Hills Festival 8 on November 19, 1992.
FINANCIAL DEMANDS AGAINST THE CITy in the amount of $2,049,222.30 for the
period ending November 6, 1992 and $5,519,525.98 for the period ending
November 13, 1992, in accordance with the 1992-93 Budget, were approved.
Mayor Daly recessed the City Council meeting until after th~ R~d~v~l~pm~nt
Agency and Housing Authority meetings. (6:09 p.m. )
Mayor Daly reconvened the City Council meeting. (6:12 p.m. )
PUBLIC COMMENTS - AGENDA ITEMS.'... There were no public comments on City Council
Agenda items.
ITEMS OF PUBLIC INTEREST:
Debbie Cohen, 2442 Powhitin Street, Anaheim. She explained her circumstances
as a victim of spousal abuse and her failure through the authorities to have
an arrest made and the perpetrator prosecuted. She pleaded for assistance.
747
City Hall, Anaheim, California - COUNCIL MINUTES - NOVE~ER 17t 1992 - 5:00 P.M.
City Attorney Jack White gave his assurance that he would investigate the
matter and get back to Mrs. Cohen on the issue.
Susan Kocsis. She urged the Council to give immediate attention to the
problems of gangs, drugs and crime as a first priority as well as the issue of
variances which have caused problems in the City, an example being the
apartments built across from her single-family home. Her neighborhood is also
still plagued by trash and blaring horns from street vendors.
..
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member
Pickler, seconded by Council Member Simpson, the following items were approved
in accordance with the reports, certifications and recommendations furnished
each Council Member and as listed on the Consent Calendar. Council Member
Pickler offered Resolution Nos. 92R-230 through 92R-239, both inclusive, for
adoption; and offered Ordinance No. 5341 and 5342 for introduction. Refer to
Resolution Book.
WAIVER OF R_RADING - RESOLUTIONS_.' The titles of the following resolutions were
read by the City Manager. (Resolution Nos. 92R-230 through 92R-239, both
inclusive, for adoption. )
Council Member Pickler moved to waive the reading in full of the resolutions.
Council Member Simpson 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 Donald Wohlt for property damage sustained
purportedly due to actions of the City on or about August 20, 1992.
b. Claim submitted by Susan Zavala for property damage sustained
purportedly due to actions of the City on or about June 16, 1992.
c. Claim submitted by Len and Sandra Swavely for property damage
sustained purportedly due to actions of the City on or about April 8, 1992
through September 18, 1992.
d. Claim submitted by Ralph Williamson, c/o Robert B. Reeves, for bodily
injury and property damage sustained purportedly due to actions of the
City on or about May 6, 1992.
e. Claim submitted by Theola Timms, c/o Daniel Ramirez, for bodily injury
sustained purportedly due to actions of the City on or about April 24,
1992.
Application for leave to present late claim denied:
a. Claim submitted by Gloria Bernard for bodily injury sustained
purportedly due to actions of the City on or about November 22, 1991.
A2. 105: Receiving and filing minutes of the Anaheim Public Library Board
meeting held 9/23/92.
140: Receiving and filing the Anaheim Public Library Monthly Statistical
Reports for the months of May and June, 1992.
748
City Hall r Anaheimr C-_lifornia - COUNCIL MINUTES - NOVE_MBER 17r 1992 - 5:00 P.M.
105: Receiving and filing minutes of the Community Redevelopment Commission
meeting held 10/14/92.
105: Receiving and filing minutes of the Anaheim Park and Recreation
Commission meeting held 9/23/92.
105: Receiving and filing minutes of the Mother Colony House Advisory Board
meeting held September 14, 1992.
..
A3. 149: ORDINANCE NO. 5341 - INTRODUCTION'... AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING SECTION 14.32.157 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM
MUNICIPAL CODE RELATING TC PARKING RESTRICTIONS ON A PORTION OF WALNUT STREET
(EAST SIDE, FROM AUDRE DRIVE TO CERRITOS AVENUE).
A4. 167: Awarding the contract to the lowest and best responsible bidder,
Steiny and Company, Inc., in the amount of $361,593 for Traffic Signal System
Detection and Closed Circuit Television; 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 iow bidders.
A5. 107: Awarding the contract to the lowest and best responsible bidder,
Charlie Ray Gann, in the amount of $31,245 for Douglass Road Frontage Building
Demolition/Asbestos Removal; and in the event said low bidder fails to comply
with the terms of the award, awarding the contract to the second iow bidder,
as well as waiving any irregularities in the bids of both the iow and second
iow bidders.
A6. 167: Approving a Notice of Completion of the Construction of Illuminated
Street Name Sign Upgrade by Intersection Maintenance Services, and authorizing
the Mayor to sign and the City Clerk to file said Notice of Completion.
A7. 123: Authorizing the Mayor and City Clerk to execute the State/Local
Transportation Partnership Program Agreement No. SLTPP-5055, Program
Supplement No. 012, on behalf of the City of Anaheim (for Neighborhood
Preservation Area IV).
A8. 123: Approving a Third Extension Agreement with Orange County Striping
Service, Inc., to extend the term of agreement for one additional year for
striping maintenance services, at a cost of $145,000 for FY 1992/93.
Ag. 170: Approving the Final Map of Tract No. 12699, and the Subdivision
Agreement with Anaheim Summit, a California Limited Partnership, and
authorizing the Mayor and City Clerk to execute said Agreement. Tract No.
12699 is located at The Highlands, and is filed in conjunction with Specific
Plan 87-1.
Al0. 175: Rejecting all bids submitted for the Routine Water Service
Replacements project.
All. 123: Approving an Agreement with South Coast Air Quality Management
District (SCAQMD), in an amount not to exceed $19,800 effective through
July 5, 1993, for the development, implementation, and operation of a fixed-
route express transit service from the Anaheim Amtrak/Commuter Rail Station
via Disneyland to the Anaheim Civic Center; and authorizing the Mayor and City
Clerk to execute said. Agreement.
749
Cit Hall Anaheim California - COUNCIL MINUTES - NOVEMBER 17 1992 - 5:00 P.M.
123: Approving an Agreement with Orange County Transportation Authority
(OCTA), in an amount not to exceed $15,300 effective through July 5, 1993, for
the operation of a fixed-route express transit service from the Anaheim
Amtrak/Commuter Rail Station via Disneyland to the Anaheim Civic Center; and
authorizing the Mayor and City Clerk to execute said Agreement.
106: Amending the FY 1992/93 Budget by increasing Revenues and Expenditures
in program 346 by $19,800.
..
A12. 123: Approving an Agreement with Holmes & Narver, in the amount of
$356,249 for architectural services required to design the Anaheim Police
Department Satellite Substation Facility; and amending the FY 1992-93 Budget
by increasing expenditure appropriation in Program 995 by $52,509.
Al3. 123: Approving. Cooperative Agreement No. C-92-433 with Orange County
Transportation Authority for consultant services to coordinate the I-5 Freeway
Widening Project (I-5 Freeway widening project from the SR-91 to SR-22); and
authorizing the Mayor and City Clerk to execute said Cooperative Agreement.
A14. 160: Accepting the iow bid of John A. Tornavacca, Inc., dba Alan
Landscape Company, in an amount not to exceed $81,823 for reconstruction of
#11 green and cart path at Anaheim Hills Golf Course, in accordance with Bid
#5098°
A15. 160.' Accepting the bid of Reynolds Buick/GMC Trucks, in the amount of
$46,400 for two Fire Department Suburban Vehicles, in accordance with Bid
#5086.
A16. 160: Accepting the bid of Deco Utility Supply Corporation, in the
amount of $185,460.70 for seven PMH-9, and six PMH-11 motor-operated padmount
sectionalizing switches with holders, in accordance with Bid #5080.
A17. 160: Accepting the bid of Square D Company, in the amount of $40,538
for two 15.5 KV, 3000 amp outdoor vacuum circuit breakers, in accordance with
Bid #5083.
Al8. 160: Accepting the low bid of McMahan Desk, Inc., in the amount of
$180,354.10 for office furniture for various departments in City Hall West, in
accordance with Bid #5101.
Al9. 123: Approving a First Amendment to Agreement with National Economic
Research Associates, Inc., in the amount of $20,000 for a marginal cost study
of electric operations; extending the date for completion of the study; and
authorizing the Public Utilities General Manager to execute said First
Amendment to Agreement and any related documents as recommended by the Public
Utilities Board at their meeting of November 5, 1992.
A20. 123: Waiving Council Policy 401, and Approving an Attorney Services
Agreement with Rourke and Woodruff for increased fees in connection with legal
services for the Public Utilities Department.
A21. 153: RESOLUTION NO. 92R-230:... A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE CITY OF
ANAHEIM AND THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION, GENERAL UNIT.
(Amending Article 17, job classification of Signal System Engineer. )
A22. 153: RESOLUTION NO. 92R-231.'_ A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE INTERNATIONAL
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City Hall, ~,_aheim, California - COUNCIL MINUTES - NOVE_MBER 17, 1992 - 5:00 P.M.
BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 47, AND THE CITY OF ANAHEIM. (To
provide mitigation of the effects of reassigning certain work from the
Maintenance Department to the Convention Center. )
A23. 153: RESOLUTION NO. 92R-232: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 92R-18 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS PROFESSIONAL. (Adding the
position of Demand Side Project Engineer.)
-.
RESOLUTION NO. 92R-233: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 92R-21 WHICH ESTABLISHED RATES OF COMPENSATION
FOR CLASSIFICATIONS DESIG::ATED AS MIDDLE MANAGEMENT. (Adding the position of
Booking and Event Manager.)
~_RSOLUTION NO. 92R-234: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 91R-49 WHICH ESTABLISHED RATES OF COMPENSATION
FOR CLASSES ASSIGNED TO THE GENERAL UNIT REPRESENTED BY THE ANAHEIM MUNICIPAL
EMPLOYEES ASSOCIATION. (Utilities Network Systems Technician, effective
October 23, 1992. )
RESOLUTION NO. 92R-235:. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 91R-125 WHICH ESTABLISHED RATES OF
COMPENSATION FOR UNREPRESENTED PART-TIME CLASSIFICATIONS. (Event Security
Guard, effective November 20, 1992. )
A24. 113: RESOLUTION NO. 92R-236: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN
TWO YEARS OLD. (Data Processing Department, Utility Customer Information
System backup tapes. )
A25. 123: Approving a Second Amendment to Agreement with Hastings Lundstrom
Architects, in the amount of $2,740 for architectural services associated with
the Anaheim Stadium Office and Support Facilities Annex (Gate 6).
A26. 140: Accepting the receipt of grant funds, in the amount of $23,430 for
the Major Urban Resource Library (MURL) grant which will be administered
through the Central Library.
106: Amending the FY 1992/93 budget by increasing revenues and expenditure
appropriations in Fund 17, Program 173, by $23,430.
A27. 161: RESOLUTION NO. 92R-237.'. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DESIGNATING A SURVEY AREA FOR REDEVELOPMENT STUDY PURPOSES.
(Anaheim Commercial/Industrial Redevelopment Survey Area. )
A28. 161: RESOLUTION NO. 92R-238: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DESI~NATIN~ A ~URV~? AR~A ~0R R~D~V~LOD~NT ~TUDY PURD0~.
(Brookhurst Commercial Corridor. )
A29. 158: RESOLUTION NO. 92R-239: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING IRREVOCABLE OFFERS OF DEDICATION OF CERTAIN PROPERTY
AND/OR FACILITIES .
A30. 123: Approving an Agreement with Coopers & Lybrand, in the amount of
$39,000 to perform a financial audit of the Operations Agreements between the
Los Angeles Rams Football Company, and the City for the years 1988, 1989, and
1990.
751
City Hall t ~_.aheimt California - COUNCIL MINUTES - NOVEMBER 17, 1992 -. 5:00 P.M.
A31. 163: Authorizing the donation of surplus office furniture to the
Anaheim City School District.
A32. 149: ORDINANCE NO. 5342 - INTRODUCTION: 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. (Prohibits parking on La Palma
Avenue from Carbon Creek Channel to Miller Street.)
A33. 114: Approving 'minutes of the meetings held September 22, September 29,
October 20 and October 27, 1992.
Roll Call Vote on Resolution Nos. 92R-230 throuqh 92R-239~ both inclusive, for
adoption~
AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson and Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 92R-230 through 92R-239, both inclusive,
duly passed and adopted.
END OF CONSENT CALENDS. MOTIONS CARRIED.
105: BOARDS AND COMMISSIONS:
Due to the Reorganization of the Council this date, Board and Commission
appointment continued to November 17, 1992 (Thill Vacancy- Housing
Commission) will be scheduled on the Council Agenda for December 1, 1992.
A34. 150: PUBLIC HEARING - ASSESSMENT OF PENALTY - MODTECH, INC.:..
To consider assessing a penalty in the amount of $2,930 to Modtech, Inc., for
violation of provisions set forth in the "Subletting and Subcontracting Fair
Practices Act" of the Public Contract Code. Modtech, Inc., is the prime
contractor for the construction of the Ben Franklin Child Care Facility. This
matter was continued from the meeting of November 3, 1992 to this date.
Submitted was report dated October 26, 1992 from the Director of Public Works
and City Engineer, Gary Johnson recommending that the penalty be assessed in
the amount of $2,930 for violation of provisions set forth in the "Subletting
and Subcontracting Fair Practices Act" of the Public Contract Code, and if
after conclusion of the hearing a violation is determined, authorize the
Public Works - Engineering staff to access a penalty in the amount of $2,930.
Also see previous staff report dated October 26, 1992 submitted for the
council meeting of November 3, 1992.
Mayor Daly asked if anyone was present who wished to speak.
Mr. Bill Sunenberg representing Modtech explained that Mortell Construction
was a subcontractor they listed in the subject bid. As a result of poor
performance and lack of cooperation on prior projects, Modtech felt it would
be in their best interest to substitute Morrell with another subcontractor.
They had a verbal discussion with Morrell on several occasions and Morrell
agreed to give them a written release. After repeated requests, no written
release was received. In August, Morrell changed their mind and said they
would not sign a release unless Modtech released some money that was due
Morrell on other projects totally separate from this issue. Modtech notified
the architect and the City that they wanted to substitute the subcontractor
but they did not have a signed release from Morrell. They (Modtech) proceeded
752
Cit Hall Anaheim California - COUNCIL MINUTES - NOVEMBER 17 1992 - 5:00 P.M.
in good faith believing they would be helping everybody involved. They never
issued a subcontract to Morrell. Further, the dollar amount that they have
differs from the amount the City has indicated.
Gary Johnson, Director of Public Works/City Engineer. They believe, best
intentions aside, there .is a clear violation of the Public Contract Code
Section 4107. Modtech did not secure a release and request a substitution.
Therefore, they are in violation and the Council has the option to assess a
penalty of up to 10% Of the value of the subcontracted work. Further, the
written information received indicates the anticipated amount of the
subcontract work was $29,301. On the basis of the documents submitted (see
Exhibits B, C and D attached to staff report dated October 26, 1992), the City
Council would have the option of assessing the penalty of up to 10% of that
amount.
Bill Sunenberg. He disagreed with the amount of $29,301. Mortell' s
construction quote Item A, concrete foundations and the access vents were in
fact deleted from the scope of the work and that was in no way part of the
final project. If they would have issued Mortell a subcontract, it would have
been for the other items and that amount would be $21,703.
City Attorney White then explained the details and purpose of the law
governing public contracts, that being to avoid bid shopping - listing one
contractor and after the contract is awarded going out to a variety of other
contractors and asking how much they are willing to do the work for in getting
a lower price. The information provided to the City was that Mortell would do
earth work and concrete. The City then received from Mortell their proposal
they would do $29,301 worth of work. The Council has heard the testimony of
the representative of the prime contractor that the amount of work on those
two subcontracts only totalled $21,703. Taking that information at its face
value, that would still authorize the Council to impose a penalty of up to 10%
or $2,170 because the prime contractor failed to award the subcontracts to the
listed subcontractor. It is totally discretionary. The Council can impose up
to 10% or they need not impose 10% or any amount. Any penalty amount will go
toward the cost of the project.
Questions were then posed by Council Members which were answered by both
Mr. Johnson and the City Attorney. Mr. Johnson explained that the public
contracts code does not make the distinction whether the subcontractor that
was not used was superior or inferior to the one used. The issue is bid
shopping and bid peddling. That is why the legislature enacted the code. The
City Attorney confirmed that the purpose of the code is to discourage prime
contractors from changing subcontractors after the contract is awarded.
Bill Sunenberg. They did notify the City of Anaheim that they wished to
substitute the subcontractor in letter dated August 12, 1992 addressed to
Richard Myer, Park Planne~. Th~ only thin~ they did not do was get ~he
on the agenda to have the substitution approved before they had the work done.
They did not want the work to be held up and were not trying to shop the bid
or anything of that nature; City Attorney White stated that he believes the
letter was received after the substitution was made and after the work was
done.
Gary Johnson. It is their belief it was done substantially after the
substitution was made. To him the issue is clear - whether or not there was a
violation. Modtech's reasons for doing what they did might be valid for their
company but it does not affect the violation.
753
Cit Hall Anaheim California - COUNCIL MINUTES - NOVEMBER 17 1992 - 5:00 P.M.
Mayor Daly closed the public hearing.
Council Member Pickler. He favors the assessment of the penalty. The Council
has not had many such cases before them. He feels it is because of the rules
that have been established with regard to public contracts. He is concerned
about the aspect of a contractor bid shopping and a strong stand must be made
to avoid any such occurrence thus breaking down the credibility of the bid
process.
Council Member Feldhaus. He is basically interested in the bottom line. If
the City got what they bid and subsequently paid for he cannot see assessing a
penalty.
City Attorney White stated the purpose of the law is to discourage prime
contractors from changing subcontractors after award of contract. It is not
meant to relate to whether the job is done in a satisfactory or timely manner.
Before further action was taken, City Attorney White stated, giving the prime
contractor the benefit of the doubt regarding the actual value of the
subcontract work being less than reported by Mortell, the total amount would
have been $22,416. Ten percent (10%) of that would be $2,241 and he would
recommend that be th~ number to use as a maximum.
MOTION: Council Member Pickler moved that the penalty be assessed on the
amount of $22,416 or $2,241 to be paid by Modtech to the City. Council Member
Daly seconded the motion. Council Member Feldhaus voted no. MOTION CARRIED.
ITEMS B1 - B2 FROM THE ZONING ~DMINISTRATOR _~f~_ETING OF OCTOBER 29, 1992:
DECISION DATE= NOVEMB__ER 3, 1992 INFORMATION ONLY - APPEAL PERIOD EhDS
NOVEMBER 18, 1992.7.
B1. 179: CONDITIONAL USE PERMIT NO. 3558, CATEGORICALLY EXEMPT, CLASS 11:
OWNER: MERVYN'S, 25001 Industrial Blvd., Hayward, CA 92545.
AGENT: FIELDS HARTWICK ARCHITECTS, P.O. Box 556, Sonoita, AZ 85637
LOCATION: 8100 East Santa Aha Canyon Road (Mervyn's in the Anaheim
Hills Festival Center).
To permit a ground-mounted satellite dish.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3558 APPROVED (ZA92-54).
B2. 179: CONDITIONAL USE PERMIT NO. 3561, CATEGORICALLY EXEMPT, CLASS 11:
OWNER: TARIQ AND ABDUL KHAN, 7575 East silver Dollar Lane, Anaheim, CA
92808
LOCATION: 7675 East Silver Dollar Lane. Property is located east of
Derby Circle.
To permit a ground-mounted satellite dish.
ACTION T~K~N BY T~ ~0NINC AD~INI~TRATOR!
CUP NO. 3561 APPROVED (ZA92-53).
END OF THE ZONING ADMINISTRATOR ITEMS.
B3. 179: ORDINANCE NO. 5340 - PROPOSED AM_~NDM_~NT TO CHAPTER 18.06 OF
TITLE 18 VEHICLE PARKING AND LOADING REQUIREMENTS FOR MULTI-FAMILY HObSING:
Amending Subsections .012 and .013 of Section 18.06.050 of Chapter 18.06 of
Title 18 of the Anaheim Municipal Code relating to parking requirements.
(Introduced at the meeting of 11/3/92, Item Bi0.)
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City Hall t ~_naheimt California - COUNCIL MINUTES - NOVEN~ ER 17, 1992 - 5:00 P.M.
WAIVER OF B~.ADING - ORDINANCE.:. The title of the following ordinance was read
by the City Clerk. (Ordinance No. 5340)
Council Member Simpson moved to waive the reading in full of the ordinance.
Council Member Pickler seconded the motion. MOTION CARRIED.
Council Member Pickler offered Ordinance No. 5340 for adoption. Refer to
Ordinance Book.
..
ORDINANCE NO. 5340~. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTIONS
.012 AND .013 OF SECTION 18.06.050 OF CHAPTER 18.06 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TC PARKING REQUIREMENTS.
Roll Call Vote on Ordinance No. 5340 for adoption..'
AYES:
NOES:
ABSENT
COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson and Daly
COUNCIL MEMBERS .' None
COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 5340 duly passed and adopted.
B4. 170: TENTATIVE TRACT MAP NO. 14334 - REQUEST FOR TIME EXTENSION~
REQUESTED BY: ANACAL ENGINEERING, C.J. QUEYREL, 1900 East La Palma
Avenue, Suite 202, Post Office Box 3668, Anaheim, CA 92803-3668
LOCATIONs 371 Timken Road. Property is approximately 2.6 acres located
between the terminus of Timken Road and Corto Road (private streets),
east of Mohler Drive. The petitioner requests an extension of time to
expire on November 13, 1993 to comply with conditions of approval.
Tentative Tract Map No. 14334 is to establish a 5-lot RS-HS-22,000(SC)
zoned subdivision without any waivers. This matter was continued from
the meetings of October 27 and November 3, 1992 to this date.
Submitted was report dated October 19, 1992 from the Zoning Administrator
recommending that the requested time extension be approved to expire
November 13, 1993 subject to an additional condition as listed in the report.
Joel Fick, Planning Director. Parks, Recreation and Community Services
recommended in conformance with the recently adopted new dedication and
improvement ordinance which addresses trails, that in order for this tract map
to be consistent, that the recommended condition be added. The ordinance came
into effect since the original approval of the map. He confirmed that
Mr. Queyrel is aware of the additional condition and staff would not be
recommending approval without that condition being included.
City Attorney White. The letter received from Mr. Queyrel on October 26, 1992
stated that he wanted the matter continued until tonight's meeting so he could
study the new condition. Since Mr. Queyrel is not present, he surmises ~ha~
he (Queyrel) had studied the matter and found it acceptable.
Dick Mayer, Park Planner. He had a discussion with Mr. Painter who is the
property applicant. Mr. Queyrel represents him. He had sent Mr. Painter the
City's trail standards so he would be aware of the situation relative to what
his requirements for trail development would be. He has not heard back from
him since he received that and it was several weeks ago.
Mayor Daly. He would suggest that Council express that their support of the
item includes the condition recommended by staff.
755
City Hall m ~_~sheim, California - COUNCIL MINUTES - NOVEMBER 17, 1992 - 5.'00 P.M.
MOTION.- Council Member Feldhaus moved to approve the requested extension of
time on Tentative Tract Map No. 14334 to expire November 13, 1993 subject to
complying with the additional condition of approval as recommended in staff
report dated October 19, 1992:
That a riding and hiking trail shall be shown on the
final map of Tract No. 14334 and that said trail shall
be improved, in accordance with Section 18.04.080 of
the Anahe£m Municipal Code, City of Anaheim Standard
Detail No. 603 "Riding and Hiking Trail Design
Standards," and as required by the Parks, Recreation
and Community Services Department.
Council Member Pickler seconded the motion. MOTION CARRIED.
ITEMS B5 - B8 FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 2m 1992
INFORMATION ONLY - APPEAL PERIOD ENDS NOVEMBER 24~ 1992,.'
B5. 179: VARIANCE NO. 4204, TENTATIVE TRACT MAP NO. 14733 AND NEGATIVE
DECLARATION~
OWNER: FREDIE CULVER JR. AND PATRICIA A. CULVER, 799 S. Lone Star,
Anaheim, CA 92807
LOCATION: 2625 West Lincoln Avenue. Property is approximately 1.04
acre located on the north side of Lincoln Avenue and approximately 270
feet west of the centerline of Magnolia Avenue.
To establish a 1-lot, 15-unit, RM-3000 condominium subdivision.
Waiver of minimum dimensions of parking spaces to construct a 2-story,
15-unit condominium complex.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4204 WITHDRAWN.
Tentative Tract Map No. 14733 APPROVED (6 yes votes, I vacancy).
Approved Negative Declaration.
B6. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3562 AND
NEGATIVE DECLARATION:
OWNER: WOODBRIDGE VILLAGE, LTD., Attn: V.W. Tom Bode, P.O. BOX 348,
ANAHEIM, CA 92805
LOCATION: 20 South Anaheim Boulevard. Property is approximately 1.3
acres located at the southeast corner of Lincoln Avenue and Anaheim
Boulevard.
To permit a semi-enclosed restaurant with on-premise sale and
consumption of alcoholic beverages with waiver of minimum number of
parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3562 GRANTED (?G92-130) (6 y~s vot~, I vacancy).
Approved waiver of code requirement (a parking study shall be conducted
180 days after opening of restaurant to determine if adequate parking is
being provided).
Approved Negative Declaration.
B7. 179: CONDITIONAL USE PERMIT NO. 3559 AND NEGATIVE DECLARATION:
OWNER: WILSHIRE-SELBY EAST, LTD., Attn: Aric Browne, 11440 San Vicente
Boulevard, Ste. 200, Los Angeles, CA 90049
LOCATION: 222 North Beach Boulevard. Property is approximately 0.56
acre located on the east side of Beach Boulevard and approximately 770
feet north of the centerline of Lincoln Avenue.
756
City Ha11~ ~-aheim, California - COUNCIL MINUTES - NOVE~ER 17, 1992 - 5:00 P.M.
To permit an automotive service and tire installation facility.
ACTION TA~_EN BY THE PLANNING COMMISSION:
CUP NO. 3559 GRANTED (PC92-131) (6 yes votes, and i vacancy).
Approved Negative Declaration.
B8. 179: CONDITION~t USE PERMIT NO. 3166 AND NEGATIVE DECLARATION
PREVIOUSLY APPROVED ~:
OWNER: THE VAND'ERBILT GROUP, 27401 Los Altos, Ste. 400, Mission Viejo,
CA 92691
AGENT: STEVEN DUNBAR, D.V.M., 8285 Santa Ana Canyon Road, Anaheim, CA
92808
LOCATION: 8285-95 Santa Aha Canyon Road. Property is approximately
1.96 acres located at the northwest corner of Santa Ana Canyon Road and
Weir Canyon Road.
To permit a 2300-square foot expansion to an existing animal hospital to
include a kennel facility.
ACTION TA~_EN BY T~_E PLANNING COMMISSION:
CUP NO. 3166 APPROVED (PC92-132) (6 yes votes, and i vacancy).
Negative Declaration previously approved.
END OF THE PLANNING COMMISSION ITEMS.
IT~_MS B9 - BI0 FROM THE PLqNNINO COMMISSION MEETING OF NOVEMBER 16, 1992:
INFORMATION ONLY - APPEl?. PERIOD ENDS NOVEMBER 26~ 1992:
B9. 170: TENTATIVE TRACT MAP NO. 12698 AND NEGATIVE DECLARATION:.
OWNER: THE PRESLEY COMPANIES, Attn.- A1 Uman, 19 Corporate Plaza,
Newport Beach, CA 92660
LOCATION: TENTATIVE TRACT MAP NO. 12698 DEVELOPMENT AREA 6 OF THE
HIGHLANDS AT ANAHEIM HILLS SPECIFIC PLAN (SP87-1). Property is
approximately 4.86 acres located north and west of the northwest corner
of Sunset Ridge Road and Serrano Avenue.
To establish a 4-lot, 52-unit, condominium subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
Tentative Tract Map No. 12698 APPROVED (added condition to come back
with a site plan) (6 yes votes, i vacancy).
Negative Declaration previously approved.
REPORT AND RECOMMENDATION ITEM:
.
B10. 170: TENTATIVE TRACT MAP NOS. 14076~ 14077~ 14078, 14079t 14080, 14081
AND 14082:
REQUESTED BY: KELLEY RENEZEDER, BALDWIN COMPANY.
LOCATION: Property is a portion of The Summit of Anaheim Hills Specific
Plan (SP88-2).
Petitioner requests an extension of time for Tentative Tract Map Nos.
14076, 14077, 14078, 14079, 14080, 14081, and 14082.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended Approving extension of time on Tentative Tract Map Nos.
14076, 14077, 14078, 14079, 14080, 14081, and 14082 (6 yes votes, 1
vacancy).
757
Cit Hall Anaheim California - COUNCIL MINUTES - NOVEMBER 17 1992 - 5:00 P.M.
D1. 179: CONTINUED PUBLIC HEARING - 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/REQUEST: The property is located at 633 South East Street and
is approximately 1.8 acres located on the west side of East Street and
approximately 176 feet north of the centerline of South Street. The
request is to permit an automotive towing and storage yard.
ACTION TAFRN BY'TM_~ PLANNING COMMISSION.'
Conditional Use Permit No. 3533 was denied (PC92-101) (3 yes votes,
i abstained, I absent, and I vacancy).
Denied Negative Declaration.
HEARING SET ON_.- A letter was submitted by the agent, Glen Gorman, Tri Star
Towing appealing the decision of the Planning Commission and public hearing
set on October 20, 1992. The public hearing was then continued to this date
at the request of the applicant.
PUBLIC NOTICE RROUIREMENTS MET BY:
Publication in Anaheim Bulletin - November 5, 1992
Mailing to property owners within 300 feet - November 5, 1992
Posting of property- November 6, 1992
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated August 24, 1992.
Mayor Daly first asked to hear from staff to give a brief summary of the item.
·
Joel Fick, Planning Director. The proposal is to establish an automotive
towing service and storage facility on the west side of East Street. The
property is currently developed with two (2) one-story concrete block
industrial buildings. The proposed use would occupy a portion of one of those
buildings. The Planning Commission did hold a hearing and significant input
was received in opposition. Subsequently, the Planning Commission denied the
requested CUP. The primary reasons were concerns with the proximity of
residential land uses across East Street, noise and hours of operation.
Mayor Daly then asked to hear from the applicant or applicant's agent.
APPLI CANT
STATEMENT
Glenn Gorman, President, Tri Star Towing. When he started the CUP
p~oe~, he met with Plannin~ who had guidelines, suggestions and
regulations which he agreed to. When the item went before the
Planning Commission, he was surprised over the amount of
opposition from the residents. He understands their concerns. He
has two tow yards in operation in Anaheim and another in the City
of Orange. His yard in Orange is directly across the street from
apartments and a church. He has never had any complaints. His
operation is welcome there because someone is on the premises 24
hours a day. At the most, two to three trucks on the weekend may
enter th~ yard four times a night. They enter and leave. At his
yard in Anaheim, there have been problems in the area but they are
not attributed to his type of business. In the last three years
he has operated there, two of his drivers have interrupted a rape
in progress and interrupted a female from being assaulted. They
have added security to the area. He feels he is being denied the
opportunity to better his business and to grow and prosper in
758
Cit Hall Anaheim California- COUNCIL MINUTES- NOVEMBER 17 1992 - 5:00 P.M.
Anaheim as well as the opportunity to purchase the property in the
future. The owner has agreed to the CUP items and has dedicated
part of her property for road widening in the future. It is a
disservice to the owner as well. He has grown up in Anaheim and
seen certain areas deteriorate. His business will not be adding
to that deterioration but upgrading the area. He will be the one
available if there are problems. He is asking to be able to tow
vehicles in, store them and then release them. It is not a
dismantling yard. He will not sell vehicles or service trucks.
It is merely a tow and storage yard.
Mayor Daly opened the pub' ic hearing for public input.
PUBLIC DISCUSSION -
IN FAVOR s
Phillip Figueroa, McGloven Supply Companies, 711 S. East Street.
They are on the same property and have been there for 15 years.
In that time, they have worked very well with the McCullagh
Corporation next door. They welcome a 24-hour facility so close
to them for security purposes since they have experienced a couple
of break-ins in the recent past.
PUBLIC DISCUSSION -
IN OPPOSITIONs
Ron Banderas, 711 S. Dawn, Anaheim. He has lived in the area since
1978. They have had to deal with and tolerate the expansion of
the City yard, the semi trucks at the Anaheim Distribution Center
and the Helicopter Service. They are now being asked to tolerate
a 24-hour towing service. The applicant or his attorney have
never contacted him or any other residents to learn of their
concerns - noise, vehicles being towed, broken glass, leaking
fluids in the vehicles, etc. They are asking the Council to
protect the integrity of their neighborhood and deny the permit to
operate.
Marcell Chollet-Guiebert, 1218 E. Crestbrook, Anaheim. He is
concerned with trash and odors. There is a prevailing west to
east wind in the area and with the present recycling center they
are already affected by trash and odors.
Marilyn Helm, 700 S. East Street. She first referred to a
petition she had containing forty-four signatures in opposition.
She stated there was also an additional petition that was somehow
misplaced out of the City's file that Mr. Banderas had submitted
with twelve more signatures. ~he ~1~o pr~nte~ ~or Council
review an Exhibit A, B and photographs. She has lived within two
blocks of the area since 1955. They understand the necessity of
commercial but such uses need to fit into their neighborhood. The
proposed use does not. It will deteriorate the integrity and
value of their properties. A police impound yard brings with it
people who would not usually be in their neighborhood. Safety of
the children in their community is also important. She urged
denial of the use.
Herbert Moore. He lives at 717 S. Dawn, across the street from
the proposed impound yard (30 years). He does not want to see the
759
City Hallr A.aheimr California - COUNCIL MINUTES - NOVEMBER 17r 1992 - 5:00 P.M.
neighborhood "corrupted" with something like this. He would like
to be able to live in reasonable comfort and enjoy his property.
No matter what it is called, it will be a junk yard. Further,
toxic chemicals will be stored in the cars since gasoline is on
the State of California list of hazardous materials. He asked
denial of the application.
James Chambless, 1219 E. Diana, Anaheim. He frequently walks by
the current location where the towing company is located. There
are seven vehicles parked there with for-sale signs on them which
indicates to him they are running a used car business at the
location. Thc current property they are looking at on East Street
has the same physical layout. If they are committed to move to
that location, the same thing is going to occur. It will also
create a terrible traffic hazard.
Mabel Plesha, 819 S. Dawn (20 years). She is concerned about
property values if the use is allowed in their neighborhood.
·
Anthony Jay Glass, 1212 E. Crestbrook Place (since 1955). When he
was a mail carrier he had an opportunity to view first hand what
happened to an area where a towing yard was operating and it
looked like a junk yard. If they get the same thing in their
neighborhood across the street, he would want to sell his house
and leave but under those circumstances nobody would buy it.
SUMMATION BY
APPLI CANT:
Glenn Gorman. He appreciates the concerns of the residents. He
does not have anything further to add to his opening remarks.
Mayor Daly closed the public hearing.
ENVIRONM~_NTAL 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-240)
Council Member Hunter moved ~0 waive :he rea~ing in ~ull 0£ ~he res01u~i0n.
Council Member Simpson seconded the motion. MOTION CARRIED.
Council Member Hunter offered Resolution No. 92R-240 for adoption, denying
Conditional Use Permit No. 3533. Refer to Resolution Book.
RESOLUTION NO. 92R-240: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
.,
ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3533.
760
City Hallt ~__n_aheimt California - COUNCIL MINUTES - NO--ER 17t 1992 -. 5:00 P.M.
Roll C-_11 Vote on Resolution No. 92R-240 for adoption:
AYES .'
NOES:
ABSENT
COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson and Daly
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Resolution No. 92R-240 duly passed and adopted.
D2. 179: PUBLIC HEARING - AMUSEMENT ARCADE NO. 1019..'..
REQUESTED BY: Richard Debeikes, Mike Rhodes, and Dan Lee, Family Fun
and Games, 2300 Michelson Drive, Suite 200, Irvine, CA 92715
LOCATION/REQUEST: The property is located at 5655 East La Palma Avenue,
Suite 140. The request is to permit 75 to 100 amusement devices.
ACTION TAFEN BY THE ZONING ADMINISTRATOR.:
Amusement Arcade No. 1019 was approved (Decision ZA92-49).
HEARING SET ON: A review of the Zoning Administrator's decision was requested
by Mayor Hunter and Council Member Simpson and public hearing scheduled this
date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin- November 5, 1992
Mailing to property owners within 300 feet - November 5, 1992
Posting of property - November 6, 1992
STAFF INPUT:
See Zoning Administrator Decision ZA92-49 approving Amusement Arcade No. 1019
APPLI CANT
STATEMENT
Mike Rhodes, 1082 Carlsbad Street, Orange. He is representing a
new concept called Coney Island. He is also President of Frontier
Restaurants who own the Russel's and Knollwood Restaurant chains.
They operate 12 restaurants with 500 employees and are an annual
14 million dollar operation. The proposed enterprise would be
very professionally managed. He then explained the concept - a
f_amily-oriented amusement entertainment center which will
incorporate many different attractions besides the typical
electronic games that an arcade would suggest. They are planning
attractions for toddlers up to adults. They want to emphasize
more than anything the family orientation of the endeavor. It is
going to be designed by a prominent designer in Orange County.
One of h£~ par~n~r~ ~h~n ~how~d a r~nd~ring of the pr0p0~ed
arcade. Trained and uniformed staff will be on the premises at
all times. Strict rules will be posted. The facility is being
developed as a prototype. It is not a "one-shot" deal. They feel
the business will solve some of the problems that may exist on the
site now. It will be a safe environment for kids - young and old.
Presently an environment like that does not exist before and after
movie screenings. He would rather see people in an area like this
than takbng up table space at Knollwood as they do now. This is a
commercial and not a residential area. The use seems to fit well
with the shopping center.
PUBLIC DISCUSSION -
IN FAVOR: None
761
City Hall, ~_~aheim, C-_lifornia - COUNCIL MINUTES - NO--ER 17, 1992 - 5:00 P.M:.
PUBLIC DISCUSSION -
IN OPPOSITION ~
Mark Thompson, 553 S. Peralta Hills Drive, Anaheim. He is a
concerned local resident who frequents both Knollwood and
Cinemopolis. The northwest corner of the property is pretty much
a family operation and that is why they frequent it so much. He
is involved in the development, leasing and building of shopping
centers himself. In approximately 20 years they have put in two
family type arcades. Unfortunately, the arcade business and the
element it brings into a shopping center just does not fit with a
family oriented type business. There are problems at Camelot
further west on La Palma. Another concern is relative to parking
which is already a big problem on the subject property. If
trouble makers are moved out of the store and into the parking
lot, the problems will then move to the parking lot. In his
experience, retail shopping and entertainment like theaters and
amusement centers have not worked.
Council Member Hunter asked staff the term limit of the
conditional use permit.
Annika Santalahti, Zoning Administrator. As she approved it, she
placed no conditions on it. The Council has approved a prior one
in another location giving a time limit of one year.
Subsequently, the applicant had to reprocess another arcade
permit.
Joel Fick, Planning Director then confirmed for Council Member
Hunter that the Police Department and Code Enforcement does get
involved relative to arcade permits if there are issues.
Marilyn Hauk, Camino Cotter, Anaheim. Her children frequent the
theatre. She does not have a problem with that but on the other
·
hand she would not allow them to go to Camelot further to the west
on La Palma. Her daughter works at the yogurt shop in the subject
center but she does not know if she will have her continue to do
so if an amusement arcade is allowed. It will be taking an
environment that has been a pleasant place to go and turning it
into something that no one will want to go to, especially with no
place to park. If the residents of the area had been notified
that an arcade was being proposed in the shopping center she feels
there would be many people present.
Sherry Gartley. She manages Cinemopolis at 5635 E. La Palma.
They have some strong concerns about the family fun center type
concept being pr'opose~. She ~as manage~ many %h~&~~ in ~n~~
where arcades have gone in. What occurs is that the kids take
them over. The games are the money makers and those bring in the
people from the community that are the problem. There are a lot
of gang members that hang out "down the street" and they do not
want them to come east to the area of the subject center. The
other theaters that were in centers where arcades have gone in
have developed a graffiti problem and families just stop going to
the theaters. They want to keep the family atmosphere at
Cinemopolis.
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City Hall, ~_,aheimt California - COUNCIL MINUTES - NOVE _~fS_ER 17t 1992 - 5:00 P.M..
Terry Wilson, 21040 Joanne Way, Yorba Linda. He has been to the
center with his children since Knollwood relocated on the property
and the other shops have been completed. It is very busy. He
does not know how they got that many parking spaces allowed for
that location. The entrance and exit to the center is horrendous
even now. Every arcade he has seen brings .a. certain element with
it. It does not seem to him that is the type of environment they
are looking for in that area. He lives in Yorba Linda but the
center is-close enough to take his children to the theatre, to
Knollwood or to buy yogurt. It is crowded enough, parking is
terrible and the proposed business does not fit that location.
SUMMATION BY
APPLICANT:
Mike Rhodes. Many good points were made. Parking is a main topic
and also one of his primary concerns. One of the reasons why he
feels an arcade would fit, it will supplement the other uses. He
does not think that people will be using the arcade as a
destination. He also expected to hear comparisons to other
arcades. They are not going to find any other arcade in Southern
California that is like this one. It is breaking new ground. If
it is a problem, they will not continue with it but will look out
for their greater interest, that being Knollwood which is their
most profitable restaurant location of their twelve (12). It will
take priority over the arcade. Smoking will not be allowed on the
premises. There will be a raised central area staffed with
employees that will supervise what is going on. He urged that
they look at the application in a different light than other
arcades since it is not like any other arcade.
Mayor Daly closed the public hearing.
Council Member Pickler. When the shopping center was built, he had concerns
about traffic circulation. The use will be an arcade no matter what it is
called. Traffic and circulation in the area and intersection is horrendous.
The inception of Cinemopolis and now the shopping center adds to the chaos.
He feels the use will be detrimental to the health and welfare of the citizens
and if a mailing had gone to the residents in the hills and Yorba Linda, a
great deal of concern would have been expressed. It will be detrimental to
circulation and traffic and parking will not be able to handle the influx. It
is one of the busiest intersections in the City.
·
Council Member Hunter. He has the same concerns as expressed by Council
Member Pickler. He would think as owners of the shopping center, they are
putting a Zendajas in the location - a Mexican sports bar restaurant - the
Knollwood remodeling looks great - there are many great things going on out
there. He ~eel~ £e woul~ B~ l£k~ ~ro~o~in~ tO the Council an arcade with
100 machines in the newly opened Anaheim Hills Festival Center. Although
Mr. Rhodes states they are breaking new ground, his experience as a Policeman
and the experience of the Police has been just the opposite. He feels
something better can be located in the center. An arcade does not compliment
the center.
Mayor Daly. He asked what the approach has been on other amusement arcades in
the City noting that there have been others where a permit was granted but
subject to renewal after a certain period.
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City Hall, ~_naheim, California - COUNCIL MINUTES - NOVEMBER 17, 1992 - 5:00 P.M.
Annika Santalahti, Zoning Administrator. She recalls the permit for the
arcade on Beach Boulevard was approved for one year and when the year was up
they had to file a new application. She does not recall if it was approved at
that time, but there was no opposition when it came to the Council for
renewal. She confirmed that if an arcade was operating in Anaheim and
problems developed, that the course of action would be a potential revocation
hearing.
Council Member Pickle[. He lives in the area of the arcade on Beach Boulevard
and it is far from Utopia. He has talked to merchants in the area. It
creates an element they have to be careful of.
MOTION.-.. Council Member Pickler moved to deny the application for Amusement
Arcade Permit No. 1019. Council Member Hunter seconded the motion.
Before action was taken, a brief Council discussion followed between Council
Members Feldhaus and Pickler as well as additional questions to staff.
Subsequently, Mr. Rhodes stated that they would volunteer to be subject to a
one-year review to show that the problems discussed would not exist.
Mayor Daly. He was going to suggest that as a fair way to proceed. Despite
concerns voiced, Camelot is an institution in the City and he has not heard
any proposals to alter or adjust that operation. He is suggesting as an
alternative a one-yea, r permit subject to review and renewal.
Council Member Feldhaus. He would have to know the hours of operation of the
business because there is a curfew in the City.
Mike Rhodes. The hours would not exceed any of the other businesses in the
shopping center. Since it is not open, they have not established hours. They
would probably be 11:00 a.m. to approximately 9:00 p.m. during the week and
10:00 p.m. Fridays and Saturdays. Knollwood is open until midnight on Fridays
and Saturdays. Hours have to be established.
City Attorney White. If a denial of the permit is to occur, he recommends
that the Council consider incorporating in that motion findings that approval
of said permit would be contrary to the public interest, health, safety or
general welfare in that the proposed use would create additional traffic,
circulation of parking congestion in an area already overburdened with traffic
congestion.
Council Member Pickler. He amended his motion of denial to incorporate the
findings as articulated by the City Attorney. Council Member Hunter was
amenable to the amendment.
Mayor Daly. ~ is ~p~ak£ng against thH motion and if it fails he will be
offering a substitute motion. He is opposed to outright denial. Considering
what the owners have done with the center and the high quality operation, he
does not think they Can blame traffic on Imperial, the 91 Freeway or
neighborhood traffic on this center. He sees nothing but high quality in the
center. He feels the City can easily revoke the permit after a year if the
Police or the neighborhood experience a problem. He believes the fair thing
is to allow the business people who have invested millions into the center to
let their idea for a new style arcade take hold to see if it works as a
supplement and compliment the Knollwood operation.
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City Ha11~ ~_naheimr California - COUNCIL MINUTES - NOVE~ER 17~ 1992 - 5:00 P.M,.
A vote was taken on the motion to deny and failed to carry by the following
vote Noes: Feldhaus, Simpson and Daly - Ayes: Hunter and Pickler.
MOTION: Council Member Daly moved to approve the Amusement Arcade Permit
~1019 for one-year subject to renewal and looks to staff to suggest the
appropriate language. Council Member Simpson seconded the motion.
Before action was taken he (Daly) stated he was not looking for an automatic
expiration but an evaIuation by staff after one year.
City Attorney White. In reviewing the code sections, they are dealing with
Title 4 and not Title 18. Because of the way Title 4 is written right now
with regard to arcades, if the Council wishes to approve this for a limited
period of time they simply limit the permit to that given period and then
allow the applicant to seek an additional permit or a time extension. The
reason for that is Title 4 does not contain similar language to Title 18
relating to reviews, referrals to the Planning Commission, etc. He has just
been talking with staff and it is staff's intention to shortly bring back to
the Council some recommended changes to the title because of that. However,
tonight to meet the intent, he suggests that they limit the permit to a given
period of time.
Council Member Daly. He will incorporate that into his motion.
Council Member Pickler. He asked when figuring retail, how can something like
this be the same as a retail use.
Joel Fick. The parking ordinance has varying standards for a variety of
different types, for example restaurants have different standards. In this
case, it just occupies the commercial-retail building and there is no
different standard than an alternate retail. What they found in the case of
amusement locations elsewhere, each one is uniquely different. Some are in
existing shopping centers and in malls where additional traffic is not
generated because it is done in lieu of shopping. He reiterated, each
location is entirely different.
Council Member Pickler. He feels a year is too long and suggested that the
matter be evaluated in six months; Council Member Simpson stated a review can
be requested at anytime.
City Attorney White. That is one of the problems. He reiterated they are not
under Title 18 so that there is no built-in review process. If the Council
wishes to look at the situation in six months, he could fashion language to
have the arcade come back for review, but frankly they would not be in a
position to revoke the permit because of the language in the code until it
expires by whatever ~eriod the Council sets for it.
A vote was then taken on the motion approving the Amusement Arcade Permit for
one year and carried by the following vote Ayes: Feldhaus, Simpson and Daly
Noes: Hunter and Pickler
153: PRIVATI ZATION:
Mayor Daly. Approximately two months ago the Council adopted a moratorium on
privatization. He would like to ask staff, with the support of the Council,
to place that issue on the next possible agenda.
MOTION: Council Member Daly moved that the issue of the moratorium on
privatization be placed on the next possible agenda for Council discussion,
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City Hall r ~__n_aheimr California - COUNCIL MINUTES - NOVEMBER 17 ~ 1992 - 5'.00 P.M.
Council Member Pickler seconded the motion. Council Member Hunter voted no.
MOTION CARRIED.
ADJOURNMENT:.. By general consent the Council adjourned the meeting of
November 17, 1992. (8:02 p.m.)
No meeting is scheduled for Tuesday, November 24, 1992, since a quorum is not
anticipated.
LEONORA N.
766