1992/12/15City Hall, ~_~aheim_, California -COUNCIL MINUTES- DECEMBER 15~ 1992 - 5:00 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT.- Lisa Stipkovich
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER: Gary Johnson
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:25 p.m. on December 11, 1992 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Daly called the meeting to order at 3:00 p.m.
REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items:
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.
Gonzalez et al. v. City of Anaheim, Orange County
Superior' Court Case No. 66-43-92.
Guillory v. City of Anaheim, U.S. District Court Case No. 89-
55662.
Adams International Metals v. City of Anaheim, Orange
County Superior Court Case No. 69-97-13.
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.
Waiving 72-hour posti-ng provisions of the Brown Act - Additional Items:
f. Amer Elrousian dba Sahara Theatre vs. City of Anaheim, O.C.S.C.C.
$70-08-13.
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City Hall, An__aheim, California - COUNCIL MINUTES - DECEMBER 15, 1992 - 5:00 P.M.
g. City of Anaheim vs. Church Engrg., Inc., et al - O.C.S.C.C.
~69-91-70.
h. To meet with Real Property negotiator concerning possible
acquisition and disposition of certain real property located
generally north of the I-5 Fwy. and east of Euclid St. and owned
by the California State Teachers Retirement System.
By general Consent, the Council recessed into Closed Session. (3:00 p.m.)
AFTER RECESS:.. The Mayor called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(5:37 p.m.)
INVOCATION: Mary L. Hibbard, Anaheim United Methodist, gave the invocation.
FLAG SALUTE: Council Member Fred Hunter led the assembly in the Pledge of
Allegiance to the Flag.
119: PRESENTATION - YOUTH OF THE YEAR AWARD: Mr. Mike Sofia, Director,
Anaheim Boys and Girls Club introduced Andy Leyva to the Mayor and Council
Members. Andy, a twelve-year-old member of the club, was awarded the title of
Youth of the Year for his outstanding activities in the club. Mayor Daly and
Council Members congratulated Andy on the honor he had achieved.
119: PRESENTATION - 1992 IMPLEMENTATION AWARD: Lisa Stipkovich, Executive
Director of Community Development. It was a privilege recently for her to
accept the 1992 Planning Implementation Award in the large jurisdiction
category from the American Planning Association, California Chapter. The
award is for the urban design plan for downtown Anaheim. She thereupon
presented the award to the Council and thanked them for their vision and
support as well as to those City departments who helped make the award a
reality as well as Redevelopment staff. The award is for the overall plan -
the physical aspects and for getting it built.
Mayor Daly and Council Members congratulated Mrs. Stipkovich and her staff and
all those involved in the Redevelopment efforts.
FINANCIAL DEMANDS AGAINST THE CITY. in the amount of $2,705,610.17 for the
period ending December 11, 1992, in accordance with the 1992-93 Budget, were
approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (5: 44 p.m. )
Mayor Daly reconvened the City Council meeting. (5:48 p.m. )
PUBLIC COMMENTS - AGENDA ITEMS: Members of the public spoke under Agenda
Items A34, Bg, B10 and Cl (see discussion under those items).
ITEMS OF PUBLIC INTEREST:
Charles Thorson, General Manager, Angels Lawn Cemetery (formerly Melrose
Abbey). He is present to petition the City for relief from run off water from
the I-5 and Manchester Avenue entering their 28 acre cemetery at 203 S.
Manchester, flooding out the south and west portion. The major drainage has
been blocked and there is no storm drain on Manchester. (See letter dated
December 14, 1992 signed by Charles Hinkle, President, explaining in detail
the problems they are experiencing for which they are seeking the City's
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City Hall, A~naheim, California - COUNCIL MINUTES - DECEMBER 15, 1992 - 5:00 P.M.
participation in solving). Their request is for a drain to be placed on
Manchester at their south gate and, secondly, that the City examine installing
a drain through the south central border area where the deepest water
accumulates. In the meantime, they are also requesting that the City continue
to provide relief by pumping out the water that accumulates in the cemetery
during rainfall.
He then explained for Council that he has contacted the City's Engineering
Department. He referred to the letter received from Engineering in answer to
their request. The cemetery is not financially in a position to handle the
problems on their own and that is why they are looking to the City to provide
relief.
Council Member Pickler. He asked to hear from staff noting that the City also
does not have the money to solve the cemetery's problems.
City Manager James Ruth. They will be happy to report back to the Council to
determine if there is anything the City can do to alleviate the situation.
Mayor Daly. The Council is not in a position tonight to make any decision. A
report will be submit'ted by the City Manager outlining what the City's usual
procedures are regarding responding to drainage requests.
Charles Hinkle, President. He represents Angels Lawn. He is the Cemetery
Manager, Broker and Mortuary Manager. The Cemetery has been in existence
since 1929. Their property is below everything else. They have a driveway on
Manchester. He is hoping for relief. If they were to sandbag that driveway,
they would flood out the Demolay Building next to them. It is not their
water. He thanked the Fire Department and City Engineer for pumping out the
area in April. He represents a unique clientele. The cemetery is currently
in bankruptcy. He represents it as a State Licensed employee. The cemetery
board has seen the problem. He again thanked the City for the relief and
asked for it again during the rainy season.
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-247 through 92R-250, both inclusive, for
adoption. Council Member Pickler offered Ordinance No. 5344 for adoption and
Ordinance No. 5345 for first reading. Refer to Resolution/Ordinance Book.
WAIVER OF READING - RESOLUTIONS/ORDINANCES: The titles of the following
resolut£on~ and ordinance were read by the City Manager. (Resolution
Nos. 92R-247 through .92R-250, both inclusive, for adoption and Ordinance
No. 5344 for adoption. )
Council Member Pickler moved to waive the reading in full of the resolutions
and ordinances. 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 Dolores Jeanne Black Pulido for property damage
sustained purportedly due to actions of the City on or about June 29,
1992.
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b. Claim submitted by Margaret E. Milmoe for property damage sustained
purportedly due to actions of the City on or about November 3, 1992.
c. Claim submitted by M.M. Sandy Mount for property damage sustained
purportedly due to actions of the City on or about November 3, 1992.
d. Claim submitted by Jorge Martin Torres for bodily injury and property
damage sustained purportedly due to actions of the City on or about
October 2, 1992.
e. Claim submitted by Harold E. Kruse for property damage sustained
purportedly due to actions of the City on or about November 3, 1992.
f. Claim submitted by Lilian Magali Marquez for bodily injury sustained
purportedly due to actions of the City on or about October 2, 1992.
g. Claim submitted by Mirta Yolanda Pedroza for bodily injury sustained
purportedly due to actions of the City on or about October 2, 1992.
h. Claim submitted by Walter E. Brown for property damage sustained
purportedly due to actions of the City on or about November 3, 1992.
i. Claim submitted by John Gambino for property damage sustained
purportedly due to actions of the City on or about November 3, 1992.
j. Claim submitted by Mrs. Helen Landsman for property damage sustained
purportedly due to actions of the City on or about November 4, 1992.
k. Claim submitt'ed by Gloria Manrique for property damage sustained
purportedly due to actions of the City on or about November 3, 1992.
1. Claim submitted by Mrs. Ralph C. Sarno for property damage sustained
purportedly due to actions of the City on or about November 3, 1992.
m. Claim submitted by Jeffry L. Wilson for property damage sustained
purportedly due to actions of the City on or about November 3, 1992.
n. Claim submitted by Steve Simon, c/o D. Scott Carruthers, for bodily
injury sustained purportedly due to actions of the City on or about
August 22, 1992.
o. Claim submitted by J & C Construction Company for indemnity sustained
purportedly due to actions of the City on or about August 17, 1992.
p. Claim submitted by Gonzalo Cota for property damage sustained
purportedly due to actions of the City on or about November 3, 1992.
q. Claim submitted by Blanche Solomon for property damage sustained
purportedly due to actions of the City on or about November 3, 1992.
A2. 105: Receiving and filing minutes of the Anaheim Park and Recreation
Commission meeting held October 28, 1992.
107: Receiving and filing the Statistical Report Summary Ending October 31,
1992, as submitted by the Building Division.
A3. 170: Final Map of Tract No. 14077, and the Subdivision Agreement with
Baldwin Building Contractors were submitted. Said Tract No. 14077 is located
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City Hall, A_,aheim, California - COUNCIL MINUTES - DECEMBER 15, 1992 - 5:00 P.M.
at The Summit of Anaheim Hills on Sedona Lane, and is filed in conjunction
with Specific Plan No. 88-2. (Continued from the meeting of 12/1/92, Item
A~. ~
A4. 170: Final Map of Tract No. 14078, and the Subdivision Agreement with
Baldwin Building Contractors were submitted. Said Tract No. 14078 is located
at The Summit of Anaheim Hills on Running Springs Drive and Sedona Lane, and
is filed in conjunction with Specific Plan No. 88-2. (Continued from the
meeting of 12/1/92, Item Al2.)
City Manager Ruth reported that staff is requesting that Items A3 and A4 be
continued to such ti~e as the fees are paid by Baldwin Building Contractors.
A5. 169: Awarding the contract to the lowest and best responsible bidder,
R.J. Noble, in the amount of $141,909.01 for La Palma Avenue Street
Improvements/Blue Gum to West of the SR-57 Freeway; 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.
A6. 169: Awarding the contract to the lowest and best responsible bidder,
R.J. Noble, in the amount of $518,161.79 for La Palma Avenue Street
Improvements/Euclid Street to Brookhurst Street; 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.
A7. 169: Awarding the contract to the lowest and best responsible bidder,
R.J. Noble, in the amount of $117,113.09 for State College Boulevard Street
Improvement/Via Burton Street to Romneya Drive; 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.
A8. 169: Awarding the contract to the lowest and best responsible bidder,
All American Asphalt,. in the amount of $642,798.65 for Lincoln Avenue Street
Improvement/Muller Street to Magnolia Avenue; 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.
A9. 123: Approving an Agreement with KHR Associates, in an amount not to
exceed $56,000 for design services for the street widening improvement project
of Harbor Boulevard from the SR-91 Freeway to La Palma Avenue.
See statement made by Mayor Daly after Item All.
Al0. 148: RESOLUTION NO. 92R-247.- A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO APPLY FOR
PROPOSITION 116 BICYCLE GRANT FUNDING FROM THE ORANGE COUNTY TRANSPORTATION
AUTHORITY.
All. 123: Approving an Agreement with ASL Consulting Engineers, Inc., in an
amount not to exceed $75,000 for design services for the critical intersection
street widening of Haster Street and Katella Avenue.
Mayor Daly. It was not clear from the staff reports whether the contracts
were the low bids or not, referring to Items A9 and Ail.
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City Hall~ An~aheim, California- COUNCIL MINUTES - DECEMBER 15~ 1992 - 5:00 P.M.
Gary Johnson, Public Works Director, City Engineer. There are five criteria
regarding consultant selection, one of which is the fee, others being
experience, the number of staff committed to the project, time commitment of
upper management staff, etc. He does not have the actual proposals but the
two firms recommended are well qualified and were selected under the City
Council policy. He is not certain if they are the Iow bids in each case.
Mayor Daly. He is reluctant to support such bids for such straightforward
work if they are not going with the Iow bid.
Gary Johnson. In the selection process for professional services, certainly
in general law cities, the fee is not used and cannot be used as the sole
criteria for selection. Often cities accept proposals without the fee and
select on the basis of qualification.
Russel Lightcap, Public Works Engineering Department. In both cases they were
not the Iow bid but second to the lowest out of all the firms listed. The
variance between them and the next lowest bidder was minor in nature but the
qualification base w~s significantly different - the highest rated firm with
the most appropriate fee. Each of the jobs carry their own complexity - they
are not just rehab, these need to have highly qualified firms.
Mayor Daly. He requests in the future along with these kinds of
recommendations that a full bid list be submitted in order to know the
differential among the various bidders. He agrees that each of these
particular jobs involve complexities.
Council Member Pickler. A process is in place; however, it might be wise for
the Council to look at it again and if there is a concern, work with the
department to perhaps change the process.
Mayor Daly. He asked Mr. Johnson and the City Manager to describe the
existing process for award of contracts such as those under A9 and All and
submit that to the Council. (He also voted no on these two items when a vote
was taken. )
A12. 123: Waiving Council Policy 401, and approving an Agreement with
Eberhart & Stone, Inc., in an amount not to exceed $150,000 for soils testing
and geotechnical engineering services.
A13. 123: Approving a First Amendment to Agreement with Merit Civil
Engineering, Incorporated, in an amount not to exceed $35,000 for review work
of the projects within the Commercial Recreation Area.
A14. 176: RESOLUTION NO. 92R-248: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS,
HIGHWAYS AND SERVICE EASEMENTS. (Setting a public hearing date to consider
abandoning that portion of Atchison Street extending from Santa Aha Street
northerly to that certain alley located approximately 165 feet south of
Broadway.) (Abandonment No. 92-9A.) Suggested public hearing date:
January 12, 1993 at 6:00 p.m.
A15. 113: RESOLUTION NO. 92R-249: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING AMENDMENTS TO THE CONFLICT OF INTEREST CODE FOR THE
CITY OF ANAHEIM.
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A16. 160: Accepting the bid of Kuhlman Electric Corporation, in the amount
of $101,646 for 25 75-K.V.A. switched, two 100-K.V.A. unswitched, AND 15 100-
K.V.A. switched, single-phase transformers, in accordance with Bid #5096.
A17. 160'. Accepting the bid of Pauwels Transformer, Inc., in the amount of
$53,452 for two 45-KVA, two 1000-KVA, and two 1500-KVA three-phase padmount
transformers, in accordance with Bid $5094.
Al8. 160: Accepting the low bid of Pirelli Cable Corporation, in an amount
not to exceed $450,185.40 for 33,000 feet of 1000 KCMIL and 10,000 feet of 4/0
AWG, 15 KV power cable, in accordance with Bid #5105.
A19. 160: Accepting the bid of Nokia Cables, LTD, in an amount not to exceed
$461,893.95 for 33,100 feet of 69 KV 2000 KCMIL power cable, in accordance
with Bid #5087.
A20. 160: Accepting the low bid of Cablec Utility Cable Company, in an
amount not to exceed $26,972 for 20,000 feet of 600-volt URD secondary wire,
all in accordance with Bid #5104.
A21. 160: Accepting the low bid of Sangamo Corporation c/o McAvoy & Markham
Engineering & Sales Company, in the amount of $32,500 for 500 each urban
network meters, in accordance with Bid $5092.
A22. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent
to issue a purchase order, without competitive bidding, to ABB Power T & D
Company, in the amount of $48,096 for 24 bushing current transformers, 24
terminal assemblies, and 24 lead assemblies.
A23. 123: Authorizing a Fourth Amendment to Agreement with Montgomery
Elevator Company, to extend the expiration date of said Agreement to
October 31, 1993, (monthly cost will remain at $1,227.17) for maintenance
services in the three Civic Center elevators.
A24. 153: Approving an increase in the mileage reimbursement rate from 27.5
cents to 28.0 cents per mile to match the increase approved by the Internal
Revenue Service for 1993, in accordance with the Memorandums of Understanding
for the various employee bargaining units.
A25. 123: Waiving Council Policy 401, and approving and authorizing the
execution of the two-year letter Agreement with David Taussig and Associates,
Inc., for consulting services to assist the City in handling its
administrative responsibilities as well as tax rate setting and collection for
C0mmunit¥ Facilities Districts No. 8~-1, ~-Z an~ ~-3, in an amoun~ no~-to-
exceed $47,000 per year for the three districts (Mello-Roos Districts).
A26. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order to West Coast Turf, in an amount not to exceed $23,000
for bermuda sod grass to re-sod the Anaheim Stadium playing field.
A27. 160: Accepting the bids of World Wise, Inc., Automated Office Products,
Advanced Inter-Systems, Micro Age of Orange, GTE, and Microage Computermart,
in an amount not to exceed $88,620 for micro-computer hardware maintenance and
LAN support for a per. iod of one year, commencing January 1, 1993, in
accordance with Bid #5091.
A28. 156: ORDINANCE NO. 5344 - ADOPTION: AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING SECTION 4.95.140 OF CHAPTER 4.95 OF TITLE 4 OF THE ANAHEIM
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City Hall, A_n_aheim~ California - COUNCIL MINUTES - DECEMBER 15, 1992 - 5:00 P.M.
MUNICIPAL CODE RELATING TO INSPECTION OF ALARM SYSTEMS. (Introduced at the
meeting of 12/8/92.)
A29. 175: RESOLUTION NO. 92R-250: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE SALE OF EQUIPMENT TO CERTAIN COMMERCIAL
CUSTOMERS. (Authorizing the Public Utilities General Manager to sell
department equipment to customers requesting a change in voltage level for
electric service as recommended by the Public Utilities Board at their meeting
of December 3, 1992.)
A30. 123: Approving the following amendments to four agreements with The
Presley Companies for the design and construction of special facilities (pump
stations and reservoirs) at The Highlands located in Anaheim Hills: Second
Amendment to Agreement - Parkview Pump Station Phase II; a First Amendment to
Agreement - Deer Canyon Reservoir; a First Amendment to Agreement - Twin
Peaks/Serrano Reservoir; and a First Amendment to Agreement - Serrano
Transmission Main.
A31. 123: Approving a First Amendment to Agreement with the Presley
Companies for the design and construction of primary distribution mains at The
Highlands located in Anaheim Hills.
A32. 123: Approving an Agreement with Southern California Water Company to
provide emergency water supply through an existing intertie, as recommended by
the Public Utilities Board at their meeting of December 3, 1992.
A33. 123: Approving the terms and conditions of the General Depositary, Loan
Origination and Servicing Agreement with Corporate Bank, and authorizing the
Mayor, City Clerk, City Treasurer, and Executive Director to execute said
Agreement and related documents.
A34. 150: Approving the allotment plan for $138,631 in Community Services
Agency. (Funding to be distributed to selected community organizations 1992/93
Fiscal Year Community Services Agency Funding).
Gilbert Melendez. He is the Center Director of Anaheim Independencia
Community Center. Their community center is located in an unincorporated area
of Anaheim. They submitted a proposal for $4,000 to help with their liability
insurance cost. In the past, the City has been helpful in funding a portion
of the resources needed. He has been on the board since November when they
lost their Center Director due to financial problems. Funding is crucial in
their efforts to survive. The County has come to the rescue of the Center as
well as United Way. Relative to the $4,000 identified for liability
insurance, they put all their money in their general fund and the fund is then
distributed between their programs. They focus on senior citizens and youth.
Loss of the $4,000 is a burden on them. They are presently seeking other
means of funding sources as well as innovative ideas. Because they do serve
many Anaheim residents, they are asking for reconsideration to receive~the
$4,000 and if not the full amount, whatever can be granted. Their reputation
can speak for itself.
Gloria Smith, Volunteer Center of Greater Orange County, Director of Retired
Senior Volunteer Program (RSVP). This time for the first time in ten years,
the City has reduced their grant money to the organization in a unique way.
Instead of reducing everybody by a percentage, the City has eliminated many of
the agencies. They have been able to place and keep in all of the City's
agencies over 100 senior volunteers. They also do recruiting and placing of
volunteers in other agencies. They reimburse the volunteers for expenses and
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City Hall, A, ahe~m, California - COUNCIL MINUTES - DECEMBER 15, 1992 - 5:00 P.M.
carry insurance. The reimbursement alone is $3,000 for Anaheim volunteers.
They provide services to many of the agencies the City funds. She is
appealing that they do not totally eliminate RSVP from their grants. If they
do not get the funding, they will have to redirect their efforts. She asked
for $3,000 or $5,000 if not the $12,000 requested. They would appreciate a
vote of confidence in the Council's consideration.
Mayor Daly. Before continuing, he asked for a brief summary of the Community
Services Board recommendations to the City Council to apprise members of the
audience relative to the request. This item represents a package of
recommendations totalling $138,631 which would fund 8 non-profit agencies
whereas 17 agencies submitted a total request of approximately $300,000. The
Community Services Board has evaluated these requests and recommended funding
to those eight agencies totalling $138,631.
Mary Hibbard, Chairman, Community Services Board. (See report dated
December 9, 1992 - Community Services Agency funding for Fiscal Year 1992/93.)
It has been a most difficult year for the committee agonizing over the
$300,000 in requests. Their criteria in making the final
determinations/recommendations looked at the Human Needs Assessment. They had
to be very selective. RSVP was a very difficult decision not to fund. When
it came to Independencia, the Director did not appear and could not answer
questions. Because they are heavily financed by the County and the City's
part was small, that was the criteria. She then explained the percentage used
relative to funding categories - 32%, children and youth - 32% elderly adults
- 35%, disadvantage youth. They targeted at-risk families and at-risk youth.
Council Member Feldhaus commented that RSVP seems to fit one of the categories
which serves children, youth and elderly and disadvantaged families.
Council Member Pickler. He commended Mary and her committee and acknowledged
the very difficult task they have. The City would like to be able to fund the
many agencies because of their very worthwhile projects. He hopes that in the
future they will be able to contribute more. There was even a possibility
this year of funding being decreased to $100,000, but they decided to keep it
at the $138,000+ level.
A35. 123: Approving. a First Amendment to Agreement with artist Keith Sonnier
for artwork at Anaheim Arena; and authorizing payment in full, in the amount
of $16,000 for the schematic drawings submitted by Mr. Sonnier. (Council
Member Pickler voted no on this motion when vote was taken. )
A36. 108: ORDINANCE NO. 5345 - INTRODUCTION: AN ORDINANCE OF THE CITY OF
ANAHEIM REPEALING CHAPTER 4.60 OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE AND
ADDING NEW CHAPTER 4.60 OF TITLE 4 PERTAINING TO PRIVATE PATROLS.
A37. 123: Approving a Second Amendment to Agreement with P&D Technologies,
increasing compensation by the amount of $85,295 to a total of $372,345 for
preparation of the C-R Area Specific Plan; and approving the First Amendment
to Agreement with Michael Brandman Associates, increasing compensation by the
amount of $145,933 to a total of $374,300 for preparation of the C-R Area EIR
for the C-R Area Specific Plan.
A38. 114: Approving minutes of the City Council meeting held November 17,
1992.
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City Hall, Anaheim, California -COUNCIL MINUTES- DECEMBER 15, 1992 - 5:00 P.M.
Roll Call Vote on Resolution Nos. 92R-247 throuqh 92R-250~ both inclusive, for
adoption~
AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 92R-247 through 92R-250, both inclusive,
duly passed and adopted.
Roll Call Vote on Ordinance No. 5344 for adoption~
AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 5344 duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
A39. 179: ORDINANCE NO. 5346 - INTRODUCTION AND ORDINANCE NO. 5347 URGENCY -
AMENDING ADULT USE PROVISIONS:. Amending Section 18.03.030 of Chapter 18.03 by
adding Subsection 18.03.030.037, and amending paragraphs C, D, E and F of
Section 18.89.020 Of Chapter 18.89, of Title 18 of the Anaheim Municipal Code,
concerning adult uses.
Submitted was report dated December 9, 1992 from the City Attorney
recommending adoption of the proposed ordinances relating to regulation of
adult entertainment business.
City Attorney White. This is to conform the current City zoning code to
recent changes and court decisions pertaining to such actions. Since the
agenda was prepared, it was brought to his attention there is a pending
lawsuit concerning a potential adult business in the City that the ordinance
would relate to and that case is scheduled to go to trial. There is to be a
preliminary injunction hearing prior to the next City Council meeting. His
recommendation in addition to introducing the ordinance is that the Council
adopt the ordinance as an urgency measure by bringing it on to the agenda as
an exception to the posting requirement under the Brown Act to act upon it
both as an urgency measure and to introduce it as a normal ordinance this
evening. Therefore, he recon~nends for the reasons he just gave that the
Council waive the 72-hour posting provision of the Brown Act and bring the
matter on to the agenda.
MOTION: Council Member Pickler moved to waive the 72-hour posting provision
of the Brown Act in order to take action as explained and recommended by the
City Attorney, Council Member Simpson seconded the motion. MOTION CARRIED.
Council Member Simpson offered Ordinance No. 5346 for first reading.
ORDINANCE NO. 5346: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION
18.03.030 OF CHAPTER 18.03 BY ADDING SUBSECTION 18.03.030.037, AND AMENDING
PARAGRAPHS C, D, E AND F OF SECTION 18.89.020 OF CHAPTER 18.89, OF TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE, CONCERNING ADULT USES.
Council Member Simpson offered Urgency Ordinance No. 5347 for adoption. Refer
to Ordinance Book.
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City Hall, ~-aheim, California - COUNCIL MINUTES - DECEMBER 15, 1992 - 5:00 P.M.
ORDINANCE NO. 5347: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION
18.03.030 OF CHAPTER 18.03 BY ADDING SUBSECTION 18.03.030.037, AND AMENDING
PARAGRAPHS C, D, E AND F OF SECTION 18.89.020 OF CHAPTER 18.89, OF TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE, CONCERNING ADULT USES, AND DECLARING THAT THIS
ORDINANCE IS AN URGENCY MEASURE WHICH SHALL TAKE IMMEDIATE EFFECT.
Before a vote was taken, City Attorney White read the urgency ordinance in
full.
A vote was then taken on Urgency Ordinance No. 5347.
Roll Call Vote on Ordinance No. 5347 for adoptions.
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Urgency Ordinance No. 5347 duly passed and adopted and
effective immediately.
ITEMS B1 - B10 FROM THE PLANNING COMMISSION M_~ETING OF DECEMBER 2, 1992.
INFORMATION ONLY - APPEAL PERIOD ENDS DECEMBER 24, 1992:
B1. 179: VARIANCE NO. 4188, CATEGORICALLY EXEMPT, CLASS 11:
OWNER: Redondo Investment Company, Attn: C. Robert Langslet, General
Partner, P.O. BOX 14478, Long Beach, CA 90803
AGENT: H.S.W. Associates, Attn: Harry S. Weinroth, P.O. Box 1566, San
Juan Capistrano, CA 92693
LOCATION: 6330-6396 E. Santa Aha Canyon Road. Property is
approximately 6'.6 acres located at the southwest corner of Santa Aha
Canyon Road and Fairmont Boulevard.
Waiver of permitted type of shopping center identifications sign,
maximum sign area and permitted location of freestanding signs to
construct two 20 square-foot, freestanding shopping center
identification sign.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4188 GRANTED (PC92-139) (6 yes votes, i vacancy).
B2. 179: VARIANCE NO. 4202 AND NEGATIVE DECLARATION:
OWNER: Richard Held, 264 North Saltair Avenue, Los Angeles, CA 90049
LOCATION: 540-546 South Rose Street. Property is approximately .56
acre located on the east side of Rose Street and approximately 160 feet
north of the centerline of Water Street.
Waiver of minimum landscape requirements, minimum number of required
parking spaces and refuse storage requirements to permit the conversion
of a 4-unit, 14,000 square foot industrial building to a 4-unit
industrial condominium complex.
ACTION TA~_~N BY THE PLANNING COMMISSION:
Variance No. 4202 DENIED (PC92-140) (6 yes votes, i vacancy).
Denied Negative Declaration.
B3. 179: WAIVER OF 'CODE BRQUIBRMRNT, CONDITIONAL USE PERMIT NO. 3565 AND.
NEGATIVE DECLARATION'.
OWNER: Frank and Sara Minissale, 111 South Mohler Drive, Anaheim, CA
92808
820
City Hall, Anaheim, California- COUNCIL MINUTES - DECEMBER 15, 1992 - 5:00 P.M.
LOCATION= 111 South Mohler Drive. Property is approximately 1.2 acres
located at the southwest corner of Santa Ana Canyon Road and Mohler
Drive.
To permit a pre-school facility for up to 204 children with waiver of
minimum dimensions of parking spaces, minimum landscape requirements,
minimum parking lot landscaping and minimum landscape setback.
ACTION TAKEN BY THE PLANNING COMMISSION=
CUP NO. 3565 DENIED (PC92-141) (6 yes votes, I vacancy).
Waiver of code requirement DENIED.
Denied Negative Declaration.
B4. 179: CONDITIONAL USE PERMIT NO. 3567 AND NEGATIVE DECLARATION:
OWNER: John H. Kinney Jr. and Ida Katherine Kinney, 3579 Via Loma
Vista, Escondido, CA 92029
AGENT= CB Commercial, Attn= Jim Shoemaker, 2400 E. Katella Ave., 7th
Floor, Anaheim, CA 92806-5938
LOCATION: 100 W. Winston Road. Property is approximately 0.49 acre
located at the southwest corner of Winston Road and Anaheim Boulevard.
To permit a transportation (bus) terminal and temporary trailer.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3567 GRANTED (PC92-142) (6 yes votes, i vacancy).
Approved Negative Declaration.
BS. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3560,
CATEGORIC.ALLY EXEMPT, CLASS 3:
OWNER: Wylie and Elizabeth Aitken, 180 Cobblestone Lane, Anaheim, CA
92807
LOCATION: 180 Cobblestone Lane. Property is approximately 1.0 acre
located on the east side of Cobblestone Lane and approximately 240 feet
north of the centerline of Peralta Hills Drive.
To permit a satellite dish antenna and to construct a 171-square foot
addition to a detached accessory structure with waiver of minimum side
yard setback.
ACTION TAKEN BY. THE PLANNING COMMISSION:
CUP NO. 3560 GRANTED (PC92-143) (6 yes votes, I vacancy).
Waiver of code requirement APPROVED.
B6. 179: VARIANCE NO. 4206, TENTATIVE PARCEL MAP NO. 90-232 AND NEGATIVE
DECLARATION:
OWNER: Anaheim Land Associates Limited Partnership, c/o Hillman
Prop~rti~ W~t, Inc., ~50 N~wport C~nt~r Drive, ~. ~0~, N~wpor~
Beach, CA 92660
LOCATION: 2430 E. Katella Avenue (Stadium Towers Plaza). Property is
approximately 2.4 acres and located on the south side of Katella Avenue
and approximately 380 feet south of the centerline of Sinclair Street.
To establish a 4-lot, commercial subdivision with waiver of required lot
frontage.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4206 GRANTED (PC92-144) (4 yes votes, I absent, 1
abstained, and I vacancy).
Tentative Parcel Map No. 90-232 APPROVED.
Approved Negative Declaration.
821
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City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 15, 1992 - 5:00 P.M.
B7. 179: WAIVER OF CODE BRQUIB~.M~.NT, CONDITIONAL USE PERMIT NO. 3569,
CATEGORICALLY EXEMPT, CLASS 1 .'_
OWNER: Endowment Realty Investments, Inc. of Commercial Center
Management, Attn: Aimee Brazeau, 1740 E. Garry Ave., Ste. 110, Santa
Ana, CA 92705
AGENT: Gabriel Soultanian, 5576 E. Santa Ana Canyon Road, Anaheim, CA
92807
LOCATION: 5576 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 a semi-enclosed restaurant with waiver of minimum number of
parking spaces.
ACTION TAK_~N BY T~__~ PLANNING COMMISSION:
CUP NO. 3569 GRANTED (PC92-145) (5 yes votes, i absent, and 1 vacancy).
Waiver of code requirement APPROVED.
B8. 179: CONDITIONAL USE PERMIT NO. 3231 AND NEGATIVE DECLARATION..
OWNER: Calvary Chapel of Placentia, 3456 E. Orangethorpe Avenue,
Anaheim CA 92807
LOCATION: 345~ E. Orangethorpe Avenue (Calvary Chapel). Property is
approximately 2.91 acres located on the south side of Orangethorpe
Avenue and approximately 900 feet east of the centerline of Miller
Street.
Request for amendment or deletion of a condition of approval pertaining
to a time limitation of a previously-approved church within commercial
complex.
ACTION TA~RN BY THE PLANNING COMMISSION:
CUP NO. 3231 APPROVED, for five years, (PC92-146) (5 yes votes, 1
absent, and 1 vacant).
Approved Negative Declaration.
~_EPORT AND RECOMMENDATION ITEMS:,
B9. 161: B_RQUEST FROM COMMUNITY DEVELOPMRNT DEPARTMENT FOR SELECTION OF.
B_RDEVELOPMENT PROJECT ABRA AND APPROVAL OF PBRLIMINARY PLAN FOR BROOKHURST
COMMERCIAL CORRIDOR
ACTION TAVERN BY TM~_ PLANNING COMMISSION.'
GRANTED Preliminary Plan for Brookhurst Commercial Corridor (PC92-147)
(5 yes votes, i absent, and I vacancy).
Jeff Kirsch, 2661 W. Palais. He is concerned about going into a Redevelopment
Project for the solution to the crime and other problems in the Brookhurst
Corridor. He questions whether other alternatives have or will be evaluated.
B10. 161: BRQUEST FROM COMMUNITY DEVELOPMI~NT DEPARTME_NT FOR SELECTION OF
REDEVELOPM_~NT PROJECT ABRA AND APPROVAL OF PR_~LIMINARY PLAN FOR A
COMMERCIAL/INDUSTRIAL AREA
ACTION TA~_RN BY TM~ P_LANNING COMMISSION:
GRANTED Preliminary Plan for a Commercial/Industrial area (PC92-148) (5
yes votes, 1 absent, and I vacancy).
ITEMS Bll - B17 FROM THE ZONING ADMINISTRATOR M~_ETING OF DECEMBER 10, 1992:
DECISION DATE: DECEMBER 11, 1992 INFORMATION ONLY - APPEAL PERIOD ENDS
DECEMBER 26, 1992.
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City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 15, 1992 - 5:00 P.M.
Bll. 179: VARIANCE NO. 4203, CATEGORICALLY EXEMPT, CLASS 5:
OWNER: Cynthia L. Floriani and Esther Millinovich, 217 North Emily
Street, Anaheim, CA 92803
LOCATION: 217 ~orth Emily Street. Property is approximately 0.15 acre,
having an approximate frontage of 60 feet on the west side of Emily
Street with maximum depth of approximately 112 feet and being located
approximately 145 feet south of the centerline of Cypress Street.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4203 WITHDRAWN.
B12. 179: VARIANCE NO. 4207, CATEGORICALLY EXEMPT, CLASS 5:
OWNER: Elsa Reese, 2125 South Atlanta Street, Anaheim, CA 92802
LOCATION: 2125 South Atlanta Street. Property is approximately .27
acre located at the northern terminus of Atlanta Street with maximum
depth of approximately 160 feet and being located approximately 180 feet
north of the centerline of Lorane Way.
To retain an existing converted garage with waiver of minimum number of
parking spaces.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4207 APPROVED (ZA92-57).
B13. 179: VARIANCE NO. 4208 AND NEGATIVE DECLARATION:
OWNER: JMB Group Trust IV, C/O JMB Properties, 1999 Avenue of the Stars
~2900, Los Angeles, CA 90067
AGENT: MVA Architect, 2021S.W. Birch Street, Suite ~180, Santa Ana
Height, CA 927.07
LOCATION: 2220 East Orangewood Avenue. Property is approximately 2.8
acres located at the southeast corner of Orangewood Avenue and DuPont
Drive.
To construct 4,320 square feet of administrative offices within an
existing 52,220 square foot warehouse, with waiver of minimum number of
parking spaces.
ACTION TAKEN BY THE ZONING ADMINISTRAT. OR:
Variance No. 4208 APPROVED (ZA92-56).
Approved Negative Declaration.
B14. 179: VARIANCE NO. 4209, CATEGORICALLY EXEMPT, CLASS 11:
OWNER: Imperial Properties, James Dobrott, 1770 Cowen Street, Suite
$1OO, Irvine, CA 92714
AGENT: Newport Gourmet Service Corp., Dan Silva or Carolyn Vicario,
~00 N~w~~ ~n~ D~£v~, ~u£~ ~740, N~w~~ B~eh, CA 92~0
LOCATION: 5741 East Santa Aha Canyon Road. Property is approximately
8.06 acres located at the northeast corner of Santa Ana Canyon Road and
Imperial Highway.
To retain a roof-mounted satellite dish antenna within the Scenic
Corridor Overlay Zone with waiver of roof-mounted equipment.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4209 continued to the Zoning Administrator meeting of
January 7, 1993'.
This item was continued from the Zoning Administrator meeting of December 10,
1992 to the Zoning Administrator meeting of January 7, 1993.
B15. 179: ADMINISTRATIVE USE PERMIT NO. 92-06:
823
City Hall, ~aheim, California -COUNCIL MINUTES- DECEMBER 15, 1992 - 5:00 P.M.
OWNER: Saeed Nabiey, 255 N. Paseo Campo, Anaheim, CA 92807
LOCATION: 255 North Paseo Campo. Property is approximately 0.38 acre,
having an approximate frontage of 48 feet on the southwest side of Paseo
Campo and with maximum depth of approximately 240 feet and being located
approximately 245 feet southwest of the centerline of Camino Manzano.
To permit a large family daycare home with approximately 7-12 children.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Use Permit No. 92-06 continued to the Zoning
Administrator meeting of January 7, 1993.
This item was continu'ed from the Zoning Administrator meeting of December 10,
1992 to the Zoning Administrator meeting of January 7, 1993.
B16. 179: ADMINISTRATIVE ADJUSTMENT NO. 0072:
OWNER: Virginia Doland, 813 N. Lenz Drive, Anaheim, Ca 92805
AGENT: Tom Lennon, 508 E. Chapman Avenue, Fullerton, CA 92632
LOCATION: 813 North Lenz.
To construct a second floor, 522 square foot addition to an existing
single family residence, with waiver of required sideyard setback, 6'3"
required 5-foot proposed.
ACTION TAK~.N BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 0072 APPROVED (ZA92-58).
B17. 179: ADMINISTRATIVE ADJUSTMENT NO. 0073:
OWNER: Texaco Refining and Marketing, Inc., 10 Universal City, CA
91608
AGENT: A & S Engineering, 207 West Alameda Avenue, Suite 202, Burbank,
CA 91502 ATTN: Ahmad Ghaderi
LOCATION: 1001 North State College Boulevard.
To construct a freestanding canopy with waiver of structural setback
adjacent to an arterial highway, 10 foot setback required; 8 feet
proposed.
.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 0073 APPROVED (ZA92-59).
END OF THE ZONING ADMINISTRATOR ITEMS.
B18. 179: AMR_NDING R~SOLUTION NO. 92R-208 NUNC PRO TUNC - ORDINANCE
NO. 5348.'
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 92R-251)
Council Member Pickler moved to waive the reading in full of the resolution.
Council Member Simpson seconded the motion. MOTION CARRIED.
Council Member Pickler offered Resolution No. 92R-251 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 92R-251: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION 92R-208, NUNC PRO TUNC, RELATING TO ZONING.
(Reclassification No. 91-92-20).
Roll Call Vote on Resolution No. 92R-251 for adoption:
824
City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 15, 1992 - 5:00 P.M.
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Resolution No. 92R-251 duly passed and adopted.
Council Member Pickler offered Ordinance No. 5348 for first reading.
ORDINANCE NO. 5348 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 91-92-20
LOCATED AT 5540 E. SANTA ANA CANYON ROAD FROM THE RS-A-43,000(SC) ZONE TO THE
RS- 7200 ( SC ) ZONE .
B19. 179: AMENDING RESOLUTION NO. 92R-252, NUNC PRO TUNC.'
Council Member Pickler moved to waive the reading in full of the resolution.
Council Member Simpson seconded the motion. MOTION CARRIED.
Council Member Pickler offered Resolution No. 92R-252 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 92R-252: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION 92R-209, NUNC PRO TUNC, RELATING TO ZONING.
(VARIANCE NO. 4181) .
Roll Call Vote on Resolution No. 92R-252 $0r adoptions
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Resolution No. 92R-252 duly passed and adopted.
Cl. 105: REVIEW OF TENURE OF MEMBERS - EXISTING BOARDS AND COMMISSIONS:
A review of tenure of members on existing Boards and Commissions in the City
of Anaheim as requested by the City Council at the meeting of December 1,
1992.
Submitted was report dated December 9, 1992 from the City Clerk containing
information to assist the Council in their review and discussion of Council
appointed boards and commissions. The Council is also to consider
appointments to the Mother Colony House Advisory Board (Bastrup term expiring
December 31, 1992 an~ Hoag term expiring December ~1, 1992) and an appoln~men%
to the unscheduled vacancy on the Community Redevelopment Commission (Boydstun
term expiring June 30, 1995).
City Clerk Sohl explained for Council Member Feldhaus that the two incumbents
on the Mother Colony House Advisory Board are willing to serve for an
additional term. There is also an additional vacancy on the Board and
presently no candidate letters have been received for this appointment. She
can include an appeal for those citizens interested in serving on that Board
together with what she is sending out on the Housing Commission vacancy.
MOTION: Council Member Pickler moved to reappoint Harold Bastrup and Peggy
Hoag to the Mother Colony House Advisory Board both for a four-year term for
the terms expiring December 31, 1992. Council Member Hunter seconded the
motion. MOTION CARRIED.
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City Hall, Anaheim~ California - COUNCIL MINUTES - DECEMBER 15~ 1992 - 5:00 P.M.
There were no additional nominations.
Mr. Bastrup and Mr. ~oag were thereupon unanimously reappointed to the Mother
Colony House Advisory Board for a four-year term to December 31, 1996.
City Clerk Sohl announced that several people have indicated they wish to
speak to Item Cla: City Attorney White recommended that the Council hear from
those who wished to speak prior to taking action.
The following people spoke on this issue and their comments are summarized.
Jeff Kirsch, 2661 W. Palais. (Earlier in the meeting Mr. Kirsch gave the
following input regarding the subject. ) He was unsure with the wording
"review of tenure" whether it is just a status report or whether the Council
intends to take action in creating vacancies on boards and commissions.
Members of certain boards he has talked to have been concerned about that.
There are people on those boards and commissions who have been accessible to
the public. Not knowing the Council's intended action, he hopes they consider
the public input to be given in this regard.
Patrick Pepper, 269 S. Hillcrest, Anaheim. He is speaking as a concerned
citizen. He believes this item is not a review of commission and board
appointments but a political purge of political opponents and supporters of
former Council Members and some existing Council Members. He asked that the
Council put aside their political and philosophical differences and think
about the message they are going to send out tonight dependent on what their
decision is on those ~eople who currently serve and those who want to serve in
the future.
Debbie Davies, 201N. Pageant, Anaheim. Speaking on behalf of Bob Zemel, she
understands there is a movement amongst some Council members to remove some of
the Planning Commissioners. If a Commissioner is appointed for four-years,
she questions why the Council would suddenly want to remove an appointee -
just because there is a new Council make up. She feels that is biased. They
need to maintain an unbiased nature. She urged the Mayor and Council Members
to set that tone tonight. A commission should be unbiased.
Susan Sigmund, 6831E. Kentucky, Anaheim. She is very unhappy to hear about
the possible removal of Bob Zemel as a Planning Commissioner. He has done a
fine job, has served the City well and deserves to remain on the Commission.
Council Member Feldhaus promised to bring maturity to the City. She urged all
Council Members to do the same and continue to provide citizens with those
best qualified for the job.
John Moses (business) 2031 Via Burton, Anaheim, 92806. His house in the
County area backs up to a problem area in Anaheim where there are bars and
motorcycle noises. Bob Zemel met with the neighborhood to give them a plan
and to help them get results. They put together the URGE of Brookhurst
program. He spent time with them even during the election. He (Moses) has
grown up in the neighborhood and the area has been deteriorating. They need
to keep quality people on their team. He is frustrated hearing there is a
movement to remove Bob Zemel from the Planning Commission. He is asking that
they work together as a team - they ought to keep Mr. Zemel a part of that
team.
Bob Zemel, City Planning Commissioner, 7330 Stone Creek, Anaheim. He first
explained that Mr. Raymond Torres, President of the Anaheim Chamber of
Commerce was present but had to leave. Mr. Torres was present to speak in his
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City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 15, 1992 - 5:00 P.M.
(Zemel's) behalf. He referred to a letter he had sent to Mayor Daly
communicating his feelings of an action he had been warned might be considered
at tonight's meeting to oust him as a Planning Commissioner. He hopes he was
mistaken or that cooler heads have prevailed in taking such action. He felt
compelled to share the letter with other members of the Council since he
wanted to apprise each of his views. He is taking this opportunity to set the
record straight so that no member of the Council or citizens would have any
misperceptions about his public service.
Mr. Zemel's extensive comments covered his performance since he has served the
City as a Planning Commissioner and why he feels he should remain on the
Planning Commission. Since he is unaware of any basis for removing him, he
can only assume that any effort to oust him is being contemplated for purely
political motives and that a rush to retribution is coloring all other
considerations. In his letter, he stated his hope that the newly constituted
Council would seek a path of unity, conciliation and cooperative progress over
the "take no prisoners - forget the good of the City" approach that has
characterized past administrations. If any member harbors concerns about his
conduct or abilities to serve on the Planning Commission, he respectfully
requests that they be directed to him for his response. He would like a clear
idea of the nature of any dissatisfactions with regard to his performance on
the Planning Commission. If any member of the Council has taken offense at
any of his previous actions or political positions, it is time to put the past
behind and continue with the important work of the City, to heal wounds and
patch up their differences. He is extending the "Olive Branch" in their
efforts to establish better government for the City of Anaheim and put the
good of the community first over narrow political objectives.
There were no additional speakers.
Council Member Pickler moved that vacancies be posted on the following
individuals on the City Planning Commission, Bob Zemel and Steve Bristol and
on the Redevelopment Commission, Steve White.
Before further action' was taken, he clarified that the three vacancies be
posted and that the City seek new applications for those positions.
City Attorney White. He confirmed that the proposed action means the removal
of those individuals from the respective commissions and the Charter requires
that it be couched as a removal.
Council Member Pickler. He agreed if that is the way it has to be; however,
anyone has a right to reapply.
Council Member Feldhaus seconded the motion to remove Planning Commissioner
Zemel and Bristol and Redevelopment Commissioner White.
Before a vote was taken, Council Member Hunter stated in reviewing the minutes
of the November 17, 1992 Council meeting when Mayor Daly was sworn in, one of
the things he (Daly) said was that he wanted to make a simple request - "that
the Council begin the long and difficult process of reconciliation". To him,
that is bringing people together. The action being taken tonight, if a
majority votes in favor, is not the process of reconciliation, but the process
of creating a large schism that will be on the Council for a long time to
come. Commissioners Zemel, Bristol and White are dedicated citizens of the
City who serve at the pleasure of the Council, but who serve proudly and work
hard for all the citizens. The only person he put on the Planning Commission
in his six years on the Council is Bob Zemel. Mr. Zemel's and Bristol's terms
827
City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 15, 1992 - 5:00 P.M.
continue to 1995. He believes that the action tonight is purely political and
not in the best interest of the City. The politics of the past must go. They
need to work together as a body and in unity. He wants to work with the
Council on the important issues that are and will be facing the City An order
to move the City forward. The action tonight is not the way they ought to
start the new year.
Council Member Simpson. He agrees with Council Member Hunter. He (Simpson)
has never pushed to have his own appointee on any board or commission. He
only asks for citizens who are interested in serving and willing to commit the
time to their City. He is speaking on behalf of Mr. Zemel and Bristol in
particular. Their attendance records since serving on the Planning Commission
are perfect and he has never heard a complaint against either one. He cannot
speak for Mr. White although he knows him, but does not know first hand what
his performance has been. Most importantly, he is speaking on behalf of the
system. When someone is told they have to leave but not given a reason why,
though it is not because of performance, it hurts. He has been a victim of
such an occurrence. The proposed action smacks of the old spoils system -
rewarding friends and punishing enemies. Speaking on behalf of the system and
the individuals, he urged the Council to reconsider their proposed action.
Council Member Pickler. He has been on the Council for almost ten years. It
is a process that occurs and they are not doing anything different than what
occurred four or eight years ago.
Mayor Daly. The Council makes approximately 65 or 70 appointments to the
various boards and commissions and 3 such appointments have been recommended
for removal. It is his feeling in a City of almost 300,000 considering the
talent available, they can do better. He made a commitment in his campaign to
improve the quality of the City's Boards and Commissions. He believes they
can do far better in their advisory process. He believes they need to move
beyond tonight's proposed action and in the coming months bring new advisory
committees into the process as well as new talented people and he will support
the motion, including the posting of the vacancies.
A vote was then taken on the foregoing motion to remove Bob Zemel and Steve
Bristol from the City Planning Commission and Steve White from the
Redevelopment Commission and that those vacancies be posted accordingly.
Roll Call Vote~
Ayes: Feldhaus, Pickler, Daly
Noes: Hunter, Simpso. n
105: APPOINTMENT TO THE COMMUNITY REDEVELOPMENT COMMISSION:
Appointment to the unscheduled vacancy on the Community Redevelopment
Commission (Boydstun term expiring June 30, 1995).
Council Member Feldhaus nominated Mary Ruth Pinson.
Council Member Pickler moved that nominations be closed. Council Member Daly
seconded the motion. MOTION CARRIED.
Mary Ruth Pinson was thereupon unanimously appointed to the Community
Redevelopment Commission for the term expiring June 30, 1995.
Council Member Simpson. He asked whether Mrs. Pinson could serve on both the
Parks and Recreation Commission and the Redevelopment Commission since she is
presently serving on the former commission.
828
City Hallt Anaheimt California -COUNCIL MINUTES- DECEMBER 15, 1992 - 5:00 P.M.
City Attorney White.. Although it is not legally mandated, it has been Council
policy for a person to serve on only one board or commission at a time.
Council Member Daly. Mrs. Pinson applied for either reappointment to the
Parks and Recreation Commission or the Redevelopment Commission. He would
suggest the Redevelopment Commission because she is a resident of Anaheim
Hills and currently there is no one from that area on the Redevelopment
Commission. Consistent with Council policy, her seat on the Parks and
Recreation Commission should be posted as a vacancy with her transition to the
Redevelopment Commission.
C2. 115: REOUEST FOR BAN ON SMOKING IN ALL CITY FACILITIES:
Council Member Pickler. Reading from a prepared statement, he stated everyone
is aware of the health hazards of secondary smoke from cigarette smokers.
There is a growing body of medical evidence attesting to the detrimental
consequences of secondary smoke in a closed environment. With that in mind,
he recommended that the City Manager prepare a report and work with the City
Attorney to prepare the appropriate City ordinance to accomplish the following
objectives:
(1) Banning all smoking in City buildings including the new
Anaheim Arena if possible.
(2) Eliminate all cigarette and alcoholic beverage advertising in
city owned facilities - the Stadium, Convention Center and
·
the Arena.
(3) A survey of other cities in Orange County to understand
what steps they have taken to ban or limit smoking. He
would also recommend that the City Manager consult with
the Orange County Transportation Authority (OCTA) which
no longer accepts liquor or cigarette adds on any public
buses to get a handle on the revenue lost, if any, from
rejected liquor and tobacco advertising. He is asking
for a consensus to have the City Manager look into these
issues.
Mayor Daly asked for confirmation that Council Member Pickler is asking the
possibility of banning smoking in all City facilities in the entirety of the
facilities.
Council Member Pickler confirmed that was correct - whatever can be done.
That is why he wants to give the City Manager an opportunity to look into that
possibility.
Council Member Simpson. The request touches on private enterprise in limiting
advertising. H~ is n0~ ~ur~ ~h~ City can ~0 ~ha~. Th~r~ ar~ s~v~ral issues
involved that need to be divided into categories. For instance at the
Stadium, there are advertising contracts that are out of the purview of the
City Council. -
Council Member Pickler. Those are the things he wants to know. If the
request has to be broken down into categories, he has no problem with that.
For example, he does not know if there is anything they can do relative to the
Arena. Those are the kinds of questions he wants answered.
It was determined that staff will study the City's options as to how far they
can go banning smoking in all City facilities.
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City Hall, ~ahei_m, California - COUNCIL MINUTES - DECEMBER 15, 1992 - 5:00 P.M.
171: DISCUSSION- UTILITY USER TAX:
Council Member Hunter. He heard a great deal of rhetoric about the Utility
User Tax during the campaign. He suggested that the matter be placed on the
agenda for discussion at the next Council meeting.
Mayor Daly was in agreement; City Attorney White asked for clarification
relative to the request.
Council Member Huntem. He reiterated there was a great deal of rhetoric about
rescinding the Utility Users Tax during the campaign. He wants to see if that
was nothing but politics as usual. They know that rescinding the tax would
devastate the City. He feels they need to know up front whether that is going
to happen or not. People said that was the number one issue.
Council Member Feldhaus. He said it and he will support putting it on the
agenda.
City Attorney White asked if the Council wanted an ordinance prepared for
consideration or if it was to be a discussion item only.
Mayor Daly. He suggested that it be on the agenda as a discussion item.
It was determined that the Council will discuss the Utility User Tax at the
January 5, 1993 Council meeting.
108.' DISCUSSION- BUSINESS LICENSE TAX:
Council Member Hunter. Another item that he would also like to agendize for
discussion is the Business License Tax at the same Council meeting. Council
Member Feldhaus agreed with the recommendation that the Business License Tax
be discussed at the next Council meeting.
Council Member Simpson. He is not going to argue against discussion of either
item (Utility User Tax or Business License Tax) except the fact that it is
suggested that both be placed on the agenda of January 5, 1993. He favors
splitting the discussions since the meeting of the 5th already appears to be a
heavy one.
Council Member Hunter. He will rescind that and recommend that they take one
at a time with the Utility User Tax to be discussed first. It was determined
consideration of the Business License Tax would be considered at a future
meeting in January to be determined.
127: CAMPAIGN CONTRIBUTION ORDINANCE:
Mayor Daly. At the risk of adding to Council Member Simpson's concern, as a
discussion item only, he suggest that the issue of a Campaign Contribution
Ordinance be placed on the next Council agenda. They owe it to the citizens
to move forward with such an ordinance. The advisory vote was overwhelmingly
in favor of such an ordinance. The City Attorney has drafted the implementing
ordinance.
City Attorney White. Since he prepared the last version of the ordinance, he
also received directly input from the public that has been well taken. With
the Council's permission, he would like to incorporate some of the public's
concerns into the new version. Perhaps as a starting point, he will submit
one version of an ordinance that will differ slightly from the two previously
submitted for Council review. The Council will then have one ordinance to
look at and the opportunity to accept, modify or reject it. It will be the
·
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City Hall t ~_-_aheimt California - COUNCIL MINUTES - DECEMBER 15~ 1992 - 5:00 P.M.
most enforceable, "bullet proof" yet easy-to-understand ordinance. He
believes he can have it prepared for the January 5, 1993, Council meeting.
It was determined that the City Attorney will prepare the draft ordinance and
present it to the Council at the January 5, 1993, Council meeting for
consideration.
131: SANTA ANA FREEWAY WIDENING PROJECT:
Mayor Daly. He reported that today's newspaper includes an article that the
OCTA right-of-way acquisition program for the Santa Ana Freeway Widening is
moving ahead of schedule. He emphasized that the widening will change the
face of Anaheim forever. The Disney expansion is dependent on those
improvements. He then elaborated on the import of the widening for the City.
In concluding, he asked the City Manager to meet with neighboring City
officials, County Government and the OCTA and report back to the Council on
the potential economic development possibilities for the length of the I-5
widening. It has not' been fully analyzed outside of the Disneyland area and
he would like the City Manager to work on that.
Chairman Daly reconvened the meeting of the Anaheim Redevelopment Agency, all
Agency Members being present. (6:50 p.m. )
SWEAR-IN OF THOSE TESTIFYING AT PUBLIC HEARINGS:.
The City Attorney announced that it is appropriate at this time for all those
intending to testify at any or all of the public hearings including staff be
sworn in at this time.
Those testifying were requested to stand by the City Clerk and asked to raise
their right hand. The oath was then given.
D1. 123: JOINT PUBLIC HEARING - OWNER PARTICIPATION AGREEMENT BY AND BETWEEN
THE ANAHEIM REDEVELOPMENT AGENCY AND THE C ~ALIFORNIA STATE TEACHERS RETIREMENT
SYSTEM AND CERTIFICATION OF THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT
FOR ANAHEIM PLAZA:
Submitted were the following reports: (1) Report dated December 8, 1992 with
attachments from the Community Development Department recommending that the
Agency approve proposed resolutions pertaining to the subject along with
approval of schematic drawings for redevelopment of the subject site and
authorizing the Agency Executive Director to take actions necessary to fulfill
the requirements of the agreement and, (2) Report dated December 8, 1992 from
the Community Development Department recommending that the Council take
certain actions relating to the subject agreement. (Also submitted was the
final Anaheim Plaza project Environmental Impact Report dated December, 1992.)
Also introduced into the record was letter dated December 15, 1992 from Keyser
Marston Associates, Inc. attached to which was report dated December, 1992
entitled Economic Analysis - Anaheim Plaza (made a part of the record).
City Clerk Sohl. She announced that the hearing is not an advertised public
hearing since such a hearing is not necessary at this point. However, she
believes it is the intention of staff and the Council/Agency to allow the
public to participate.
Mayor/Chairman Daly asked to hear from those who wished to speak.
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C£t¥ Hallt ~nahe'__~_t Cal£forn£a - COUNCXr. NINU'I~S - DECENBER 15~ 1992 - 5:00 P.M.
Lew Overholt, 651 N. Dwyer, Anaheim. He is appearing as a resident to implore
the Council/Agency to continue the hearing on this action in full or in part
to give the residents an opportunity to receive adequate notice of the action
being taken. There has been no opportunity for the residents to be notified.
He understands that the Redevelopment Agency did telephone the Chairman of the
group known as, Residents for Anaheim Plaza (RAP) but no communication came
from him to anybody. He feels the impact of the action planned to be taken
tonight, the approval of the owner/participation agreement, locke the City in
an agreement that will affect the future of the parcel for the next 30 or 40
years. He reiterated, before final action is taken, that the hearing be
postponed in full or in part to the next available meeting. He then confirmed
for the Mayor that the public input portion be continued. He knows for a fact
that the people who attended the two meetings held at the Plaza do not know
what is happening tonight which is the ultimate act.
Council/Agency Member Pickler. He feels the two meetings referred to were the
time for input from the people in the area. At those hearings, the majority
talked about going ahead with the plan being proposed. He attended one of the
hearings. Everyone had an opportunity to state their thoughts. He feels it
would be redundant to go through that process again.
Lew Overholt. He was a member of the executive group that organized those
meetings. That group did not have a position. The second meeting was long
and drawn out and people got tired and left. The argument that the majority
of the people, around 400, had approved the plan was not the case. Only 7
people spoke up. This is the body that makes the decision (Council/Agency).
To not give adequate notice is ignoring the interest of the people who live in
Anaheim.
Chuck Cooper, Hickory Farms, 500 N. Euclid (Anaheim Plaza). He is present
tonight to ask that the Council be unified in going forward with this program,
one that he has fought for for the last seven years. He has to disagree with
Lew Overholt. He and Mr. Overholt were the ones who had talked about forming
a group of citizens to discuss the matter in the open. Big crowds attended
the RAP meetings. He felt everybody had an opportunity to speak their peace
and to hear what was being done. At the last meeting, they were shown what
the proposed plan was going to be. He concedes that perhaps they did not like
it and he is not saying that he likes it; however, this is the retailing
change for the next century. They are not going to get a Nordstrom or a May
Company. The big retailers are in trouble. The people making the money today
are the Wallmarts, Mervyns, Cosco, etc. If they are going to wait another 10
years for a May Company or other department stores, they are going to sit
there with nothing. Tonight they have the owners at the table. He reiterated
tonight is the night for the Council/Agency to make the decision. The
neighborhood has had appropriate and adequate opportunity to know what is
happening. The decision to go forward is needed desperately. He is urging
support of the plan and that a decision be made tonight.
Mayor/Chairman Daly then asked to hear from staff.
Lisa Stipkovich, Executive Director of Community Development. She first
apologized for the confusion as to the status of the hearing tonight. It is
not a public hearing but a joint meeting of the Agency and the Council to
consider the items indicated on the Agenda. Secondly, they have been working
with the RAP group from the inception of the Redevelopment process in 1990 and
before that with the tenants in the mall who were extremely cooperative with
the City in establishing the project as a Redevelopment area. There have been
at least five meetings with the RAP group with the developer present. Two
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City Ha11~ Anaheim, California - COUNCIL MINUTES - DECEMBER 15~ 1992 - 5:00 P.M.
were very large and there were at least three other meetings with the
executive committee where the developer went over the plane. Her
understanding is RAP is not a lobbying group and they do not take any position
formally. Staff assumed that the meetings that were held with the help of RAP
was the best way of getting information out to the public as well as some
newsletters that were done occasionally by Redevelopment to not only those who
live in the area but anyone who expressed interest. As a result of those
meetings, some changes were made to the plans. In the last meeting she
attended with the executive committee, the developer accommodated the request
of the neighborhood to a great degree. She felt there was some consensus
building that the project would be acceptable to the community, not that they
took any formal position.
Relative to the action before the Council/Agency tonight, she would like the
architect to review the overall plane for the project which were presented at
the last RAP meeting and also presented to the Redevelopment Commission last
Wednesday which they approved and recommended for Council/Agency approval.
Mr. Mike Strle from the O'Connor Group will then give his comments.
Leesan Pomeroy, Architect, President, LPA Architectural Firm who is working on
the project first explained how they developed a theme for the design and
subsequently showed slides which depicted the plan as it exists today and
briefed the three major components of the plan. He then deferred to Mike
Strle.
Mike Strle, O'Connor Realty Advisors, Los Angeles (O'Connor Group). He has
been before the Council/Agency previously specifically in May of this year
when the site plan was approved and were challenged to go out and secure
approval on behalf of the State Teachers Retirement System who he is present
to represent. In the beginning of November, he and Bruce McLeod attended a
State Teachers Board meeting and received conditional approval to proceed on
this project. They feel very good about the agreement. The State Board is
committed to moving forward and have spent over one million dollars while the
contingencies are being satisfied to move forward. They look forward to a
positive vote this evening to not only move the project into next year, but
also to satisfy the existing tenants remaining in the Plaza to begin the
relocation process that they deserve.
Lisa Stipkovich. The Owner Participation Agreement before the Council/Agency
represents approximately six months of negotiations. An additional item they
are being asked to approve are the actual plans which are included in the
Council/Agency packets. Those plans will not be the final plans. They will
be seeing additional levels of detail as the project moves forward and the
Planning Commiegion will be reviewing the entitlement process. They will
subsequently have to go through different approvals for zoning actions. She
then briefed the salient points of the Owner Participation Agreement as well
as giving a summary of the economic terms and conditions (see the Agency staff
report dated December 8, 1992, from Richard Bruckner, Redevelopment/Economic
Development Manager and attachment three - Summary of Economic Terms and
Conditions as well as the Owner Participation Agreement).
Following the foregoing presentation, a member of the public, Mr. Jeff Kirsch,
2661 W. Palais, posed questions which were answered by Lisa Stipkovich.
Additional members of the public then gave their input.
John Machiaverna, J. 'Mac Jewelers, Anaheim Plaza. The reality is that Anaheim
Plaza is now a haven for drugs and crime. If something is not done
833
City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 15, 1992 - 5:00 P.M.
immediately, the community will continue to suffer. The Plaza cannot become a
Main Place or a Brea Mall. Discount type stores continue to be profitable.
Reality is that Wallmart is coming to Orange County. If something is not done
to Anaheim Plaza, he feels they might as well start designing the apartment
complex that will take its place. It is time to move forward. Anaheim has
lost millions in tax revenues because Anaheim Plaza has not kept pace.
Investment in its infrastructure is an investment in the future. It is
imperative for the Council to approve the proposed resolutions tonight. There
have been public hearings and many meetings. He then answered questions posed
to him by the Mayor. There will be a place for his business in the new Plaza
concept as long as the City allows people to return to that site. He feels
the plans proposed are the way retail is going in the future. He urged that
they move forward with the program.
Ann Lowe, South Citron, owner and resident in Anaheim. She is totally
disgusted with the Anaheim Plaza and the way it has steadily deteriorated. It
is poor management, bad attitude, no caring and slum lords. She is outraged
that the City wants to give monies to the owners for improvements. She is
interested in a first class shopping center, not all discount stores that are
going to bring it down. The group, NOVA, is also interested in upgrading and
preserving the City's neighborhoods. She suggested that they ask Disneyland
for marketing and research ideas. Further, before committing dollars to the
project, she asked that they consider replacing the management company.
Chuck Cooper. He interjected and explained that there have been four
management companies in the seven years CALSTRS (California State Teachers
Retirement System) has owned the Plaza. He will defend everyone as doing the
very best job they possibly could. It is not the management companies but the
owners. The owners are now at the table. He again urged that now is the time
to get the job done.
Mike Strle, O'Connor Group. Over a period of eight months, using the best
minds in the business they endeavored to generate interest from anchor
department stores to restore the Plaza to its traditional nature. There was
absolutely no interest expressed. The department stores have abandoned
Anaheim Plaza and Anaheim. They have put together the best plan currently and
for the future of Anaheim Plaza. The economics of the plan are such that they
need to be reimbursed by the City as prescribed in the Owner Participation
Agreement to make economic sense.
,
Susan Kocsis. NOVA is interested in having a nicer City and one of the things
they are interested in is Anaheim Plaza. No matter what they do to Anaheim
Plaza is not going to help if they do not get rid of drugs and gangs. If they
cannot get good quality merchants into the Plaza, large or small, people are
still going to be traveling and bussed to other destinations to shop. There
are many discount stores nearby but there is no Nordstrom, May Company or
Robinsons. It does not have to be any one of these, but places where she can
buy good qual£ty m~handi~ n~a~by.
Mayor/Chairman Daly closed the public meeting.
Lew Overholt. He reiterated his request that the meeting be kept open and he
does not believe the Council addressed that. He is concerned about the
residents having an opportunity to know what is going on.
Council/Agency Member Hunter offered Resolution No. ARA92-28 and ARA92-29 for
adoption. Refer to Resolution Book.
834
City Hall~ Anaheim, California - COUNCIL MINUTES - DECEMBER 15, 1992 - 5:00 P.M.
RESOLUTION NO. ARA92-28: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
CERTIFYING THE COMPLETION OF A FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT
FOR DEVELOPMENT OF THE PROPOSED ANAHEIM PLAZA PROJECT, MAKING CERTAIN FINDINGS
AND ADOPTING A MITIGATION MONITORING PROGRAM.
RESOLUTION NO. ARA92-29: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
APPROVING AND AUTHORIZING THE EXECUTION OF AN OWNER PARTICIPATION AGREEMENT
WITH THE CALIFORNIA STATE TEACHERS RETIREMENT SYSTEM AND MAKING CERTAIN
FINDINGS IN CONNECTION HEREWITH.
MOTION: Council/Agency Member Hunter moved to approve schematic drawings for
redevelopment of the site; and authorizing the Agency Executive Director to
take actions that are necessary and desirable on the part of the Agency to
fulfill the requirements of the Agreement. Agency Member Simpson seconded the
motion.
Before further action was taken on the Resolutions or the Motion,
Mayor/Chairman Daly posed questions relative to the maximum Agency
contribution to the project of 6.3 million dollars, future improvements to the
Euclid Street interchange and some design aspects of the plan which were
answered by both Leesan Pomeroy and Lisa Stipkovich.
Council/Agency Member. s Pickler and Feldhaus also posed questions which were
answered by Lisa Stipkovich.
Council/Agency Member Pickler posed questions relative to the length of time
staff had been working on the Plaza project subsequently leading to the
proposed action tonight; Council/Agency Member Feldhaus inquired about the
movie theatre and food court.
Lisa Stipkovich. Recapped the sequence of events since the process started in
1988. Relative to the movie theatre, it is a film distribution problem as it
is with the proposed theatre in the downtown area. They can get second run
theaters but that does not seem to be the desirable alternative. There is
nothing wrong with the location, but the distribution of films makes it
difficult for anyone to get a theatre operator.
Council/Agency Member Pickler. The City had been hoping for a regional center
and the ideal would be to have stores like Nordstroms, a Macys or Bullocks.
The management companies have tried to find those kinds of tenants but it is
not realistic for Anaheim Plaza. He does not want apartments or condominiums
built on that property but a project that will be of benefit to the City and
its citizens. He feels the concept proposed will be that. Mrs. Stipkovich
and Redevelopment hava ~£nally god,an OAL~TR~ 4o ~h~ p~£n~ of an Owner
Participation Agreement. Time is of the essence. Although he wishes there
could be more time for people to comment, he feels they would hear the same
things that have alre. ady been aired. The Plaza is at the point where
something must be done now. He will be voting yes to assure that happens.
Mayor/Chairman Daly. He believes the plan they have before them probably is
the best plan they are going to get. Speakers have been very convincing on
both sides this evening as well as over the past year. However, he believes
it would be prudent to allow one final opportunity for the public to comment.
Once the agreement is approved, it is locked in place for 25 years. The
community has waited 7 years - it deserves one final opportunity to speak.
They have not had a chance to have a say in the Council Chamber for some time.
He attended the meetings at the Plaza and walked away with a feeling that
there were conceptual plans but the mix of stores and the discussion of
835
City Hall~ .Anaheim, California - COUNCIL MINUTES - DECEMBER 1St 1992 - 5:00 P.M.
exactly what stores was left hanging. People did leave the meetings early.
Many people all over Anaheim are concerned. He feels waiting three more weeks
would be prudent. If he is outvoted and the majority want to proceed, he
will pledge to work to make the plan a great one for Anaheim. He feels the
plan is a good one aL well as design, the landscaping and architecture. He
has looked at other cities and feels they have been more aggressive with their
shopping centers. He will be voting against the proposed actions since he
believes there should be one more opportunity for public participation and
comment.
A vote was then taken on the foregoing Resolutions offered by Agency Member
Hunter and carried by the following vote:
Roll Call Vote on Resolution Nos. ARA92-28 and ARA92-29 for adoption:
AYES: AGENCY MEMBERS: Feldhaus, Hunter, Pickler, Simpson
NOES: AGENCY MEMBERS: Daly
ABSENT: AGENCY MEMBERS: None
The Chairman declared Resolution Nos. ARA92-28 and ARA92-29 duly passed and
adopted.
A vote was then taken on the foregoing motion approving schematic drawings and
carried by the following vote: Ail Ayes with Agency Member Daly voting no.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 92R-253)
Council Member Hunter moved to waive the reading in full of the resolution.
Council Member Simpso'n seconded the motion. MOTION CARRIED.
Council Member Hunter offered Resolution No. 92R-253 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 92R-253.' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM CONSENTING TO THE APPROVAL BY THE ANAHEIM REDEVELOPMENT AGENCY OF AN
OWNER PARTICIPATION AGREEMENT BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND THE
CALIFORNIA STATE TEACHERS RETIREMENT SYSTEM, APPROVING THE PROVISION OF PUBLIC
IMPROVEMENTS AND MAKING CERTAIN FINDING IN CONNECTION THEREWITH.
Roll Call Vote on Resolution No, 92R-255 for adoption~
AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson
NOES: COUNCIL MEMBERS: Daly
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 92R-253 duly passed and adopted.
ADJOURNMENT - ANAHEIM REDEVELOPMENT AGENCY: Agency Member Hunter moved to
adjourn, Agency Member Daly seconded the motion. MOTION CARRIED. (8:39 p.m. )
ADJOURNMENT - CITY COUNCIL: Council Member Hunter moved to adjourn, Council
Member Daly seconded the motion. MOTION CARRIED. (8:40 p.m. )
836
City Hall, Anaheim, California- COUNCIL MINUTES- DECEMBER 15t 1992 - 5:00 P.M.
No Council meetings are scheduled for December 22 and December 29, 1992, since
no quorum is anticipated at this time.
LEONORA N. SOHL, CITY CLERK
837