1991/10/01City Hall. Anaheim, California - COUNCIL MINUTES - OCTOBER 1. 1991, 5=00 P.M.
PRESENT=
ABSENT=
PRESENT=
The City Council of the City of Anaheim met in regular session.
COUNCIL MEMBERS= Daly, Pickler, Ehrle and Hunter
COUNCIL MEMBERS= Simpson
CITY MANAGER= James Ruth
CITY ATTORNEY= Jack White
CITY CLERK= Leonora N. Sohl
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT= Lisa Stipkovich
PLANNING DIRECTOR= Joel Fick
ZONING ADMINISTRATOR= Annika Santalahti
HUMAN RESOURCES DIRECTOR= Dave Morgan
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3=15 p.m. on September 27, 1991, at the Civic Center kiosk,
containing all items as shown herein.
Mayor Hunter 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.
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.
By general Consent, the Council recessed into Closed Session. (3=05)
AFTER RECESS= The Mayor called the meeting to order, all Council Members being
present, and welcomed those in attendance to the Council meeting. (5=12 p.m.)
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City Hallf Anaheim~ California - COUNCIL MINUTES - OCTOBER It 1991t 5~00 P.M.
INVOCATION= A moment of silence was observed in lieu of the invocation.
FLAG SALUTE= Council Member Tom Daly led the assembly in the Pledge of
Allegiance to the Flag.
PRESENTATION - ANAHEIM SENIOR CITIZEN CLUB~ Mr. George MacLaren, Anaheim
Senior Citizen Club, presented a $5,000 check to the City to help keep the
downtown senior center open for all activities. Mr. MacLaren stated it
illustrates the concern of the seniors although it is a temporary 'band-aid' in
maintaining human services programs. He hopes it is not setting a precedent
and that they will not be expected to donate again in 1992.
Mayor Hunter, on behalf of the Council and the City, accepted the check and
thanked Mr. MacLaren in the Anaheim Senior Citizen Club for their generous
donation and pledge to do their best to keep the downtown center open.
119= DECLARATION OF RECOGNITION AND APPRECIATION= A Declaration of
Recognition and Appreciation was unanimously adopted by the City Council and
presented to Police Sergeant Ronald C. Kasper on his retirement from the City's
Police Department after over 29 years of service. Mayor Hunter and Council
Members commended Sergeant Kasper on his dedication and commitment to the City
and citizens of Anaheim.
1195 PRESENTATION BY ANAHEIM HILLS CABLE TV= Mr. Mike Roberts, General
Manager, Anaheim Hills Cable TV on behalf of his company and Jones Space Link
presented a check to the City in the amount of $75,000 per the franchise
transfer ordinance with the City. The funds are to be dedicated to the Capital
Equipment Grant, specifically the purchase and installation of new video
equipment in the Council Chamber and other equipment for recording community,
public, educational and government events. In addition, Jones Space Link,
inspired by their Chief Executive Officer, Glenn Jones, is a leader in the
cable industry and has a firm commitment to education. The Mind Extension
University was developed by Mr. Jones for all cable operators throughout the
country. Their system will be adding this channel in the next few months so
that subscribers will have an opportunity' to earn a college degree over their
cable service. He also presented to each Council Members a copy of the book,
'Make all America a School' by Mr. Jones.
Mayor Hunter, on behalf of the Council and the City accepted the check and
thanked Mr. Roberts for the presentation.
MINUTES= Council Member Pickler moved to approve the minutes of the regular
meetings held July 23, 1991 and August 20, 1991. Council Member Ehrle seconded
the motion. Council Member Simpson was absent. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,824,664.63 for the
period ending September 27, 1991, in accordance with the 1991-92 Budget, were
approved.
Mayor Hunter recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (5=20 p.m.)
Mayor Hunter reconvened the City Council meeting. (5=29 p.m.)
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City Hall~ Anaheim~ California - COUNCIL MINUTES - OCTOBER 1, 1991, 5=00 P.M.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR= On motion by Council Member
Pickler, seconded by Council Member Hunter, the following items were approved
in accordance with the re~orts, certifications and recon~endations furnished
each Council Member and as listed on the Consent Calendar; Council Member
Pickler offered Resolution Nos. 91R-288 through 91R-294, both inclusive, for
adoption. Council Member Pickler offered Ordinance No. 5257 for adoption and
Ordinance No. 5260 for first reading. Refer to Resolution/Ordinance Book.
WAIVER OF READING - RESOLUTIONS/ORDINANCES: The titles of the following
resolutions and ordinances were read by the City Manager. (Resolution Nos.
91R-288 through 91R-294, both inclusive and Ordinance No. 5257 for adoption.)
Council Member Pickler moved to waive the reading in full of the resolutions
and ordinances. Council Member Hunter seconded the motion. MOTION CARRIED.
Al. 118= The following claims were filed against the City and action taken as
recommended:
claims rejected and referred to Risk Management:
a. Claim submitted by Andre Ting for property damage sustained
purportedly due to actions of the City on or about March 25, 1991.
A2. 105= Receiving and filing corrected minutes of the Anaheim Parks and
Recreation Commission meetings held June 26, 1991, and July 24, 1991.
105: Receiving and filing minutes of the Community Services Board meeting
held August 8, 1991.
105= Receiving and filing minutes of the Public Utilities Board meeting held
August 15, 1991.
A3. 107= Approving a Notice of Completion of the building demolition at 1000
North Anaheim Boulevard by Viking Equipment Corporation, in preparation for
the proposed Anaheim Boulevard street improvement project.
A4. 170: Approving the Final Map of Tract No. 14268, and the Subdivision
Agreement with Kaufman and Broad of Southern California, Inc., and authorizing
the Mayor and City Clerk to execute said Agreement. Tract No. 14268 is
located on the north side of Lincoln Avenue between Olive Street and Orange
Street, and is filed in conjunction with Specific Plan No. 90-02.
AS. 170= Approving the Final Map of Tract No. 14269, and the Subdivision
Agreement with Kaufman and Broad of Southern California, Inc., and authorizing
the Mayor and City Clerk to execute said Agreement. Tract No. 14269 is
located on the south side of Cypress Street between Olive Street and Orange
Street, and is filed in conjunction with Specific Plan No. 90-02.
A6. 170: Approving the Final Map of Tract No. 14266, and the Subdivision
Agreement with Kaufman and Broad of Southern California, Inc., and authorizing
the Mayor and City Clerk to execute said Agreement. Tract No. 14266 is
located on the south side of Center Street between Atchison Street and Olive
Street, and is filed in conjunction with Specific Plan No. 90-02.
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City Hall. Anaheim. California - COUNCIL MINUTES - OCTOBER 1. 1991. 5=00 P.M.
A7. 173= RESOLUTION NO. 91R-288= A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING AN APPLICATION TO THE CALIFORNIA TRANSPORTATION
COMMISSION FOR A GRANT FOR A BICYCLE PROJECT.
A8. 150~ Declaring Safelectric Company in default of their contract,
terminating said contract for the Boysen Park Security Lighting Project with
Safelectric, and authorizing the Mayor to sign a new contract with American
Motorists Insurance Company, a surety corporation, to complete the Boysen Park
Security Lighting project.
Ag. 160~ Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order to Dennis Don & Associates, Inc., in the amount of
$22,180 for one Exide uninterruptable power supply back-up system and
accessories for the Library Computerized Circulation System.
Al0. 160= Accepting the low bid of Reynolds Buick/GMC, in the amount of
$21,000 for one suburban van vehicle (for Police Traffic Bureau, in accordance
with Bid $4970).
All. 175= Approving a pilot Dusk-to-Dawn Security Lighting Program in the
Jeffrey-Lynne neighborhood, as recommended by the Public Utilities Board at
the meeting held September 19, 1991.
A12. 175= R~SOLUTION NO. 91R-289~ A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING THE ELECTRIC RATES, RULES, AND REGULATIONS. (Amend
Rule 5 - Special Information Required on Forms, and Rule 10 - Disputed Bills.)
Al3. 175= RESOLUTION NO. - ..... ~ Amending rates, rules and regulations for
the sale and distribution of water as adopted by Resolution No. 72R-600 and
most recently amended by Resolution No. 91R-174.
There was discussion and input on this item (see end of Consent Calendar) at
the conclusion of which the Council did not adopt the resolution and,
therefore, water rates remain the same.
A14. 175= RESOLUTION NO. - ..... ~ Amending rates, rules and regulations for
the sale and distribution of electric energy as adopted by Resolution No.
71R-478 and most recently amended by Resolution No. 90R-349.
There was discussion and input on this item (see end of Consent Calendar) at
the conclusion of which the Council did not adopt the resolution and,
therefore, Utility rates remain the same.
A15. 123= Authorizing the Public Utilities Department to enter into an
agreement with the State Department of Health Services for a small business
waste evaluation/reduction project grant, and authorizing John J. Hills,
Environmental Services Manager to execute said agreement.
106= Amending the 1991/92 Resource Allocation Plan by increasing revenues and
expenditures by $25,000 in Program $462.
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City Ha11~ Anaheimt California - COUNCIL MINUTES - OCTOBER 1~ 1991r 5=00 P.M.
A16. 123= Approving an Agreement with the Anaheim Senior Citizens Club,
Inc., for the acceptance of the Club's $5,000 donation to fund evening,
weekend, and special event staffing suppert at the Anaheim Senior Citizens
Center.
A17. ~50= ORDINANCE NO. 5~60 - (~NTRODUCTION)= Amending certain sections of
Chapters 17.08 and 17.34 of Title 17 of the Anaheim Municipal Code relating to
park fees.
A18. 123= Approving an Amendment to Agreement with Mariposa Landscapes,
Inc., to extend the agreement for an additional two months ending December 31,
1991, at a total increased cost of $733.72 for landscape maintenance for
selected parkways and medians in the City.
A19. 123= Approving a Purchase Agreement with Dynix, Inc., in the amount of
$393,407 for hardware, software and installation services, and authorizing the
Mayor to execute said Purchase Agreement, and authorizing the Library Director
to execute the Universe Software agreement in the amount of $18,270 annually.
A20. 160= Waiving Council Policy 306 and authorizing the Purchasing Agent to
enter into a Government Purchase Agreement with Apple Computer, Inc., in an
amount not to exceed $250,000 for Apple computer equipment as required for a
one year period~ and authorizing the Purchasing Agent to issue a blanket
purchase order to Apple Computer, Inc., pursuant to the Government Purchase
Agreement.
A21. 153~ R$SOLUTION NO. 91R-290= A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 91R-47 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSES ASSIGNED TO THE CONFIDENTIAL UNIT.
RESOLUTION NO. 91R-291= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 91R-48 WHICH ESTABLISHED RATES OF COMPENSATION
FOR CLASSES ASSIGNED TO THE CLERICAL UNIT REPRESENTED BY THE ANAHEIM MUNICIPAL
EMPLOYEES ASSOCIATION.
RESOLUTION NO. 91R-292= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 89R-407 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSES ASSIGNED TO THE INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL 47.
RESOLUTION NO. 91R-293= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 91R-80 WHICH ESTABLISHED RATES OF COMPENSATION
FOR CLASSIFICATIONS DESIGNATED AS PROFESSIONAL.
RESOLUTION NO. 91R-294= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 91R-79 WHICH ESTABLISHED RATES OF COMPENSATION
FOR CLASSIFICATIONS DESIGNATED AS SUPERVISORY.
Submitted was report dated September 24, 1991, from Dave Morgan, Human
Resources Director recommending adoption of the new job classifications to
implement the result of the clerical job class study as well as report dated
September 24, 1991, listing concerns expressed by Anaheim Municipal Employees'
Association (AMEA).
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City Hall~ Anaheimt California - COUNCIL MINUTES - OCTOBER 1~ 1991t 5:00 P.M.
Sharon Ericson, president, AnaheimMunicipal Employees' Association. This
item is imposing the clerical study on members of the AMEA without meeting and
conferring. There is obvious disagreement between the Human Resources
Department (HRD) and AMEA because the association believes this is a meet and
confer issue in accordance with Article 9 of the Memorandum of Understanding
containing provisions which she feels pertain to the matter. She contends
that the past practice of the City has been to negotiate the job studies. The
most famous of these was the Nash Study on which a bad faith bargaining
lawsuit was filed by AMEA and finally settled by some Council Members sitting
on the Council today. HRD will try to make them believe that this study is no
different than if they were creating positions and assigning unit
determination. This study is different because it deals with employees
presently in positions that in many cases will change wages, working
conditions and in some cases moving employees completely out of AMEA and
placing them in management or confidential units. Before such action is
imposed, she cautioned that the Council should recall the problem caused as a
result of the Nash Study. The lawsuit was expensive for both the City and
AMEA. She cannot sit back and let the City do whatever they wish to AMEA
Employees. AMEA has taken the hardest hit in the budget fiasco and morale is
at an all time Iow.
Dave Morgan, Human Resources Director. Staff believes there are key
differences between changing working conditions for existing classifications
and performing routine maintenance of the classification system. They believe
that the rules and the Memorandums of Understanding clearly not only provide
the authority but the responsibility for the Human Resources Department to
perform classification work. This fits under the management rights clause and
has to do with management's ability to organize and plan the work. After
Council takes action, there are administrative appeal processes available.
They are currently involved in the grievance process with AMEA. There have
been numerous meetings with AMEA. They have studied over 300
classifications. While AMEA's issue is their right to meet and confer on
classification issues, he believes they successfully resolved 90 to 95% of
them. There are a few remaining and they are willing to keep the dialogue
going~ however, management believes that while this a key but somewhat
technical point, it is very important that management retain the right to
organize and plan the work. Once Council takes the action, the positions are
out there. If there are unit determination issues, (which is & ~erm for which
unit do these new classifications belong to i.e., bargaining unit, management,
clerical etc.), there are administrative appeal procedures that can be
followed. Staff recoa~nends that Council move forward with implementation and
allow the administrative processes to do their job.
Mayor Hunter. He suggested that Mr. Morgan and the AMEA continue with the
grievance process on this issue.
A22. 105: ORDINANCE NO. 5257 - (ADOPTIONS: AN ORDINANCE OF THE CITY OF
ANAHEIM REPEALING SECTION 1.04.995 OF CHAPTER 1.04 OF TITLE 1 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO THE ECONOMIC DEVELOPMENT BOARD.
Council Member Daly. He is voting no on this item and has stated his reasons
at previous meetings. He believes it would be smarter to fix their Economic
Development Board process rather than abolish it.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - OCTOBER 1. 1991. 5~00 P.M.
A23. 123= Approving an Agreement with JHK & Associates, in the amount of
$1,911,181 for a period of 48 months for Traffic System Management and Design
Consulting Services, and authorizing the Mayor and City Clerk to execute said
agreement.
106= Amending the 1991/92 Resource Allocation Plan by increasing
appropriations in Account Nos. 49-3155-932P and 49-3155-934P by $100,000 each,
and expenditures in Account Nos. 49-799-6310-932P and 49-799-6310-934P by
$100,000 each, to account for supplemental revenue from State of California,
Emergency Conservation Program to support the above.
Submitted was re~ort dated September 23, 1991, from the Director of Public
Works and City Engineer, Gary Johnson recommending that the Council approve
the subject agreement. Also submitted was booklet entitled, 'City of Anaheim
- Traffic Management System Phase 2 Proposal~ - presented by= JHK and
Associates, June 1991, which contained extensive documentation on the Phase 2
portion of the project.
Council Member Daly. He is going to vote no on this 1.9 million dollar
agreement for a 48-month Traffic System Management Project for two reasons -
(1) the City should have invited bids on this contract and, (2) Council should
have a re~ort from staff on the success of previous such projects in the
Traffic System Management area. There needs to be a clear understanding of
the cost and benefits of the improvements before proceeding on another
project.
Mayor Hunter. He suggested that the item be continued and resubmitted for
Council consideration.
City Manager James Ruth. A comprehensive report was prepared and submitted.
The 1.9 million dollar figure is all grant money - state funding, federal
funding and Measure M funds. No General Fund money is involved.
Council Member Ehrle asked if a 15 minute workshop could be scheduled on the
issue; Jim Ruth answered yes. Staff will'do so as soon as possible so that
the City will not lose the grant funds.
Council Member Daly's concern is that although he knows most or all is not
General Funded, some of the money is discretionary. Before proceeding and
agreeing to spend the money, it is necessary to know if they are getting their
money's worth. The City is committed to intersection widening which has been
delayed because of budget problems. Measure M funds can be spent on
intersection widening. He will agree to a continuance until the next meeting.
By general Council consensus, the Council continued this item to Tuesday,
October 8, 1991.
A24. 123= Authorizing the execution of a Second Amendment with Bonafide
Security Service, Inc., in an amount not to exceed $318,775 for the period of
October 1, 1991, through September 30, 1992, and in an amount not to exceed
$326,745 for the period of October 1, 1992 through September 30, 1993, for
street sweeping parking enforcement and Civic Center security patrol services,
in accordance with Bid Proposal $4871.
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City ~all. Anaheim, California - COUNCIL MINUTES - OCTOBER 1. 1991. 5=00 P.M.
175= REVISION OF WATER RATESr ~n~CTRIC RATES. RULES AND REGULATIONS~
Submitted was re~ort dated September 20, 1991, from the Secretary of the
Public Utilities Board, Ed Aghjayan recommending that the Council adopt the
proposed revisions of water rates, rules and regulations and report dated
September 17, 1991, also from the Secretary of the Public Utilities Board
recomraending that the Council adopt the proposed revisions of electric rates,
rules and regulations. Extensive discussion of the recommendations was
included in both reports along with other extensive documentation related
thereto previously submitted. A workshop session on the issue was also
conducted before the City Council at its meeting of September 24, 1991 (see
minutes that date).
Mr. Dick Clark, Rockwell International. He expressed concern over the
proposed rate increases elaborating on the reasons why and then suggested the
following= (1) Instruct the Utilities Department to make a plan that does not
pick up any other excess City employees from other departments during this
period of retrenchment, (2) see how they can cut some of the Utilities'. work
force like the general fund departments and, (3) defer as much as one-half of
the planned electric and water utility capital improvements for one year.
These suggestions should reduce budget requirements by approximately 20
million dollars and eliminate the need for rate increases this year.
The Council con~nented and acted upon the recommendations of the Public
Utilities Board as follows:
Council Member Ehrle. He does not think the rate payers of the City need an
increase in their Utility rates. In 1990, there was a residential electric
rate increase of 9%. The additional 5.5% proposed would result in a 15%
increase over two years. It is improper and not a prudent management
practice. Rates are being increased all the time while expanding programs.
He believes the proposed rate increases under Item A13 and A14 - water and
electric - are uncalled for at this time. It is necessary for the Utilities
Department to start looking closely at and reducing their programs and not
just shifting people from the general fund departments to their department.
The Public Utilities Board has to get the'message and look at the situation
more in detail and not just pass all programs to the rate payers because staff
says so. He opposes the increases and will continue to do so.
Councll Member Daly. He is also opposed. Utilities staff has taken steps to
cut costs but he believes more can be taken. There is an ongoing management
audit. He feels they are spending too much money on mailers to the rate
payers. Staff is fully capable of cutting costs in both departments.
Metropolitan Water District and other agencies are passing on some of their
costs, but the City has the complete ability to cut costs on their own and
save tax payers the proposed increases.
Mayor Hunter. He agrees with Council Members Ehrle and Daly. The Citizens of
Anaheim have worked hard especially in water conservation and it appears they
are being punished. The Public Utilities Board and Utilities Department need
to take a closer look. The general fund budget was cut considerably. It is
time on the Utility's side to do the same.. He is voting no on both of the
proposed increases with a message to the Public Utilities Board and Utilities
Department to take a hard look at the situation.
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City Hallw Anaheimw California - COUNCIL MINUTES - OCTOBER 1~ 1991~ 5=00 P.M.
Council Member Pickler. He is going to vote in favor. He recalls years back
when there was dissention on what the City was doing in buying capital
improvements to make sure Anaheim's rates were lower than Edison's as they are
now. It is because of the Public Utilities Board and the administration of
the Utilities Department that the City is in the positive position it is in
today relative to water and electric rates. Otherwise, rates would be as high
or higher than Edison. The Utilities Department gave a workshop presentation
last week giving an overview of their financial status as well as a rate
forecast. Costs are being imposed on the utilities that have to be absorbed,
while maintaining capital improvements. It is necessary for the Utilities
Department to continue doing the things they are doing so that the citizens of
Anaheim reap the benefits.
The Council then voted on the two proposed resolutions amending rates, rules
and regulations for the sale and distribution of water as adopted by
Resolution No. 72R-600 and most recently amended by Resolution No. 91R-174 and
amending rates, rules and regulations for the sale and distribution of
electric energy as adopted by Resolution No. 71R-478 and most recently amended
by Resolution 90R-349. Both resolutions failed to carry by the following
vote=
Ayes= Pickler
Noes= Daly, Ehrle, Hunter
Absent= Simpson
Roll Call Vote on Resolution Nos. 91R-288 through 91R-294=
AYES=
NOES=
ABSENT=
COUNCIL MEMBERS=
COUNCIL MEMBERS=
COUNCIL MEMBERS=
Daly, Pickler, Ehrle and Hunter
None
Simpson
The Mayor declared Resolution Nos. 91R-288 through 91R-294, both inclusive,
duly passed and adopted.
Roll Call Vote on Ordinance No. 5257=
AYES= COUNCIL MEMBERS= Pickler, Ehrle and Hunter
NOES: COUNCIL MEMBERS= Daly
ABSENT~ COUNCIL MEMBERS~ Simpson
The Mayor declared Ordinance No. 52~7 duly paeged and adopted.
End of Consent Calendar. MOTIONS CARRIED.
A25. 10~= ORDINANCE NO. 5258 - ADOPTION= Adding new Section 1.04.850 to
Chapter 1.04 of Title I of the Anaheim Municipal Code relating to the
Community Services Board.
This ordinance was introduced at the meeting of September 24, 1991.
WAIVER OF READING - ORDINANCE= The title of the following ordinance was read
by the City Clerk. (Ordinance No. 5258)
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City Hall. Anaheim. California - COUNCIL MINUTES - OCTOBER 1. 1991. St00 P.M.
Council Member Pickler moved to waive the reading in full of the ordinance.
Council Member Daly seconded the motion. Council Member Simpson was absent.
MOTION CARRIED.
Council Member Ehrle offered Ordinance No. 5258 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 5258~ AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SECTION
1.04.850 TO CHAPTER 1.04 OF TITLE I OF THE ANAHEIM MUNICIPAL CODE RELATING TO
THE COMMUNITY SERVICES BOARD.
Roll Call Vote=
AYES=
NOES=
ABSENT=
COUNCIL MEMBERS~
COUNCIL MEMBERS=
COUNCIL MEMBERS=
Daly, Pickler, Ehrle and Hunter
None
Simpson
The Mayor declared Ordinance No. 5258 duly passed and adopted.
MOTION~ Council Member Daly moved to appoint Margaret Sullivan as Community
Services Board Member Emeritus as recommended by the Board at their meeting of
August 8, 1991, Council Member Pickler seconded the motion. Council Member
Simpson was absent. MOTION CARRIED.
This action will create a vacancy on the Community Services Board which will
be advertised and placed on the Council agenda of October 22, 1991.
B1. 179
VARIANCE NO. 4143r CATEGORICALLY EXEMPTr CLASS 11=
OWNER= WEIR PARTNERS, LIMITED, Attn= Joe Carroll/Bob Drnary, 10
Corporate Park, Ste. 220, Irvine, CA 92714
LOCATION= Sycamore Canyon Plaza. Property is approximately 11.9
acres located at the southwest corner of Weir Canyon Road and Serrano
Avenue.
Waiver of permitted freestanding signage, permitted pump island
signage, maximum number of wall signs and permitted hours of sign
illumination to construct a freestanding service station sign and
wall signs.
ACTION TAKEN BY THE PLANNING COMMISSIONs
Variance No. 4143 GRANTED, IN PART, to permit two signs, located on
whichever sides they chosel illumination for Ralphs 24 hours a day,
but other businesses illumination limited to hours of operation
(PC91-137) (4 yes votes, 1 absent, and 2 vacancies).
B2 179= WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3442 AND
NEGATIVE DECLARATION=
OWNER= MIRALOMA REDGUM, Attn= Cannon, Louis A. and Francis, 231
16th Street, Santa Monica, CA 90402
AGENT= LEON BARVIN, 8007 E. Timberland Street, Orange, CA 92669
LOCATIONs 2901 East Miraloma Ave. (Unit 1). Property is
approximately 8.86 acres located at the northwest corner of Miraloma
Avenue and Red Gum Street.
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City Hall, Anaheim. California - COUNCIL HINUTES - OCTOBER 1. 1991, 5=00 P.M.
To permit a sandwich shop with waiver of minimum number of parking
spaces.
ACTION TAKEN BY THE PLANNING COMMISSION=
CUP NO. 3442 GRANTED (PC91-138) (4 yes votes, i absent, and 2
vacancies).
Waiver of code requirement GRANTED.
Approved Negative Declaration.
B3. 179= CONDITIONAL USE PERMIT NO. 3185r AND NEGATIVE DECLARATION.
AM~NDHENT TO CONDITIONS OF APPROVAL=
OWNER= Miraloma Redgum, Attn Cannon, Louis A. and Francis, 231 16th
Street, Santa Monica, CA 90402
AGENT= LEON BARVIN, 8007 E. Timberland Street, Orange, CA 92669
LOCATIONs 2901-2941 East Miraloma and 1325-1345 North Red Gum
Street. Property is approximately 8.86 acre located at the northwest
corner of Miraloma Ave. and Red Gum Street.
Petitioner requests amendment to conditions of approval of Resolution
No. PC89-213, pertaining to food service establishments for an
industrially-related office and warehouse complex.
ACTION TAKEN BY THE PLANNING COMMISSION=
CUP NO. 3185 GRANTED (PC91-139) (4 yes votes, I absent, and 2
vacancies).
Approved Negative Declaration.
B4. 179= CONDITIONAL USE PERMIT NO. 3448 AND NEGATIVE DECLARATION=
OWNER= RAYMOND ASSOCIATES, 811 North 7th Street, Los Angeles, CA
90017
AGENT= BOWERS PEREZ ASSOCIATES, 811 North 7th Street, Los Angeles,
CA 90017
LOCATIONs 1501 North Raymond Avenue. Property is approximately 3.63
acres located at the northwest corner of Orangefair Lane and Raymond
Avenue.
To permit two enclosed take-out fast food restaurants within an
existing industrial complex.
ACTION TAKEN BY THE PLANNING COMMISSIONs
CUP NO. 3448 GRANTED (PC91-140) (4 yes votes, I absent, and 2
vacancies).
Approved Negative Declaration.
End of the Planning Commission Items.
B5.
179= REQUEST FOR EXTENSION OF TIHE - VARIANCE NO. 4042=
REQUESTED BY= WILLIAM RICE, GRIMM-WAY DEVELOPMENT COMPANY, 760 North
Euclid Street, Suite 207, Anaheim, CA 92801
LO~ATION/REQUEST= 2518-2540 West Orange Avenue.
The petitioner requests an extension of time to comply with
conditions of approval retroactive to September 25, 1991, and to
expire September 25, 1992, on Variance No. 4042 to construct a
15-unit, RS-5,000 subdivision with various waivers.
Submitted was report dated September 16, 1991, from the Zoning Administrator,
Annika Santalahti, recommending approval of the requested time extension.
672
City Hall~ Anaheim~ California - COUNCIL MINUTES - OCTOBER 1. 1991t 5=00 P.M.
MOTION= Council Member Pickler moved to approve the requested time extension
on Variance No. 4042 retroactive to September 25, 1991, to expire
September 25, 1992, as recommended in staff re~ort dated September 16, 1991.
Council Member Ehrle seconded the motion. Council Member Simpson was absent.
MOTION CARRIED.
B6. 179= ORDINANCE NO. 5259 FOR ADOPTION~ Amending Title 18 to rezone
property under Reclassification No. 90-91-25, located at 1440 South Anaheim
Boulevard (Anaheim Indoor Swapmeet), from the ML zone to the CL zone.
WAIVER OF READING - ORDINANCE= The title of the following ordinance was read
by the City Clerk. (Ordinance No. 5259)
Council Member Pickler moved to waive the reading in full of the ordinances.
Council Member Hunter seconded the motion. Council Member Simpson was
absent. MOTION CARRIED.
Council Member Pickler offered Ordinance No. 5259 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 5259= AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
Roll Call Vote=
AYES=
NOES=
ABSENT=
COUNCIL MEMBERS=
COUNCIL MEMBERS=
COUNCIL MEMBERS=
Daly, Pickler, Ehrle and Hunter
None
Simpson
The Mayor declared Ordinance No. 5259 duly passed and adopted.
B7. 179= ORDINANCE NO. 5261 - (INTRODUCTION)= Amending Title 18 to rezone
property under Reclassification No. 90-91-27, located at 1755 N. Bubach
Street, from the RS-A-43,000(O) zone to the RS-5,000(O)(FP) zone.
Council Member Ehrle offered Ordinance No. 5261 for first reading. Refer to
Ordinance Book.
ORDINANCE NO. 5261= AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
ITEMS OF PUBLIC INTEREST= No items of public interest were addressed.
Chairman Hunter called the meeting of the Anaheim Redevelopment Agency to
order. (5=22 p.m.)
3. 161= CONTINUED JOINT PUBLIC HEARING - REDEVELOPMENT AGENCy/CITY COUNCIL=
To consider a Third Amendment to the Disposition and Develolanent Agreement by
and between the Anaheim Redevelopment Agency and Koll Anaheim Center
Associates, a California Limited Partnership, indicating the terms and
conditions of the sale of certain real property within Redevelopment Project
Alpha (subject property is roughly bounded by Lincoln Avenue, Anaheim and
Harbor Boulevards, Broadway, and Oak Street).
673
City Hallm Anaheim, Californ~a - COUNCIL MINUTES - OCTOBER 1. 1991, 5:00 P.M.
The public hearing was scheduled and continued from the meetings of August 6,
1991 (Item D1), August 13, 1991 (Item Agency 2), August 20, 1991 (Item Agency
2) August 27, 1991 (Item Agency 2), September 10, 1991 (Item Agency 3), and
September 24, 1991 (Item Agency 2) to this date.
Submitted was report dated September 17, 1991, from the Community Development
Department recommending the adoption of resolutions making certain
environmental findings relating to the Third Amendment to the Disposition and
Development Agreement between the Anaheim Redevelopment Agency and Koll
Anaheim Center Associates as well as approving Third Amendment to the
agreement and additional related matters.
Lisa Stipkovich, Executive Director of Community Development. She gave a
brief overview of the issue of the joint public hearing referring to the
prepared staff report as well as the summary report of the proposed amendments
including specific provisions of the agreement (see page 2 of the subject
report).
Chairman Hunter opened the public hearing and asked if anyone wished to speak~
there being no response he closed the public hearing.
Agency Member Hunter offered Resolution No. ARA91-19 for adoption, making
certain environmental findings with respect to the Third Amendment to the
Disposition and Development Agreement between the Anaheim Redevelopment Agency
and Koll Anaheim Center Associates, the Amendment to Option Agreement, Right
of First Refusal and Escrow Instructions and the Amendment to Memorandum of
Option and Right of First Refusal between the Anaheim Redevelopment Agency and
Pacific Bell, and the Amendment to Pre-Development Construction Management
Agreement between the Anaheim Redevelopment Agency and the Koll Construction
Company. Refer to Resolution Book.
RESOLUTION NO. ARA91-19: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
MAKING CERTAIN ENVIRONMENTAL FINDINGS WITH RESPECT TO THE THIRD AMENDMENT TO
THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE ANAHEIM REDEVELOPMENT
AGENCY AND KOLL ANAHEIM CENTER ASSOCIATES~ THE AMENDMENT TO OPTION AGREEMENT,
RIGHT OF FIRST REFUSAL AND ESCROW INSTRUCTIONS AND THE AMENDMENT TO MEMORANDUM
OF OPTION AND RIGHT OF FIRST REFUSAL BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY
AND PACIFIC BELL, AND THE AMENDMENT TO PRE-DEVELOPMENT CONSTRUCTION MANAGEMENT
AGREENENT BET~rEEN THE A~AHEIM REDEVELOPMENT AQENCY AND THE KOLL CONSTRUCTION
COMPANY.
Roll Call Vote:
AYES: AGENCY MEMBERS: Pickler, Ehrle and Hunter
NOES: AGENCY MEMBERS: Daly
ABSENT: AGENCY MEMBERS~ Simpson
The Chairman declared Resolution No. ARA91-19 duly passed and adopted.
Agency Member Hunter offered Resolution No. ARA91-20 for adoption, approving
the Third Amendment to Disposition and Development Agreement between the
Anaheim Redevelopment Agency and Koll Anaheim Center Associates, the Amendment
674
City Hallr Anaheim. California - COUNCIL MINUTES - OCTOBER 1. 1991. 5=00 P.M.
to Option Agreement, Right of First Refusal and Escrow Instructions and the
Amendment to Memorandum of Option and Right of First Refusal between the
Anaheim Redevelopment Agency and Pacific Bell, and the Amendment to
Pre-Development Construction Management Agreement between the Anaheim
Redevelopment Agency and the Koll Construction Company. Refer to Resolution
Book.
RESObUTION NO. ARA91-20= A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
APPROVING THE THIRD AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT
BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND KOLL ANAHEIM CENTER ASSOCIATES,
THE AMENDMENT TO OPTION AGREEMENT, RIGHT OF FIRST REFUSAL AND ESCROW
INSTRUCTIONS AND THE AMENDMENT TO MEMORANDUM OF OPTION AND RIGHT OF FIRST
REFUSAL BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND PACIFIC BELL, AND THE
AMENDMENT TO PRE-DEVELOPMENT CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN THE
ANAHEIM REDEVELOPMENT AGENCY AND THE KOLL CONSTRUCTION COMPANY.
Roll Call Vote=
AYES= AGENCY MEMBERS= Pickler, Ehrle and Hunter
NOES= AGENCY MEMBERS= Daly
ABSENT= AGENCY MEMBERS= Simpson
The Chairman declared Resolution No. ARA91-20 duly passed and adopted.
WAIVER OF READING - RESOLUTION= The title of the following resolution was
read by the City Clerk. (Resolution No. 91R-286)
Council Member Hunter moved to waive the reading in full of the resolution.
Council Member Ehrle seconded the motion. Council Member Simpson was absent.
MOTION CARRIED.
Council Member Hunter offered Resolution No. 91R-286 for adoption, making
certain environmental findings with respect to the Third Amendment to the
Disposition and Development Agreement between the Anaheim Redevelopment Agency
and Koll Anaheim Center Associates, the Amendment to Option Agreement, Right
of First Refusal and Escrow Instructions and the Amendment to Memorandum of
option and Right of First Refusal between the Anaheim Redevelopment Agency and
Pacific Bell, and the Amendment to Pre-Development Construction Management
Agreement between the Anaheim Redevelopment Agency and the Koll Construction
Company. Refer to Resolution Book.
RESOLUTION NO. 91R-286= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM MAKING CERTAIN ENVIRONMENTAL FINDINGS WITH RESPECT TO THE THIRD
AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE ANAHEIM
REDEVELOPMENT AGENCY AND KOLL ANAHEIM CENTER ASSOCIATES, THE AMENDMENT TO
OPTION AGREEMENT, RIGHT OF FIRST REFUSAL AND ESCROW INSTRUCTIONS AND THE
AMENDMENT TO MEMORANDUM OF OPTION AND RIGHT OF FIRST REFUSAL BETWEEN THE
ANAHEIM REDEVELOPMENT AGENCY AND PACIFIC BELL, AND THE AMENDMENT TO
PRE-DEVELOPMENT CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN THE ANAHEIM
REDEVELOPMENT AGENCY AND THE KOLL CONSTRUCTION COMPANY.
675
City ~all. Anaheim. California - COUNCIL MINUTES - OCTOBER 1. 1991. 5=00 P.M.
Roll Call Vote=
AYES= COUNCIL MEMBERS~ Ehrle, Pickler and Hunter
NOES= COUNCIL MEMBERS= Daly
ABSENT= COUNCIL MEMBERS= Simpson
The Mayor declared Resolution No. 91R-286 duly passed and adopted.
Council Member Hunter offered Resolution No. 91R-287 for adoption, approving
the Third Amendment to Disposition and Development Agreement between the
Anaheim Redevelopment Agency and Koll Anaheim Center Associates, the Amendment
to Option Agreement, Right of First Refusal and Escrow Instructions and the
Amendment to Memorandum of Option and Right of First Refusal between the
Anaheim Redevelopment Agency and Pacific Bell, and the Amendment to
Pre-Development Construction Management Agreement between the Anaheim
Redevelopment Agency and the Koll Construction Company. Refer to Resolution
Book.
RESOLUTION NO. 91R-287= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING THE THIRD AMENDMENT TO THE DISPOSITION AND DEVELOPMENT
AGREEMENT BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND KOLL ANAHEIM CENTER
ASSOCIATES, THE AMENDMENT TO OPTION AGREEMENT, RIGHT OF FIRST REFUSAL AND
ESCROW INSTRUCTIONS AND THE AMENDMENT TO MEMORANDUM OF OPTION AND RIGHT OF
FIRST REFUSAL BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND PACIFIC BELL, AND
THE AMENDMENT TO PRE-DEVELOPMENT CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN THE
ANAHEIM REDEVELOPMENT AGENCY AND THE KOLL CONSTRUCTION COMPANY.
Roll Call Vote=
AYES= COUNCIL MEMBERS: Pickler, Ehrle and Hunter
NOES= COUNCIL MEMBERS= Daly
ABSENT= COUNCIL MEMBERS: Simpson
The Mayor declared Resolution No. 91R-287 duly passed and adopted.
Mayor Hunter recessed the City Council meeting. (5=27 p.m.)
ADJOURNMENT= Agency Member Hunter moved to adjourn. Agency Member Ehrle
seconded the motion. Agency Member Simpson was absent. MOTION CARRIED.
(5:28 p.m.)
D1. 179= PUBLIC ~EARING - AMEND OR DELETE CONDITION NO. 2 OF RESOLUTION
NO. 88R-~35, CONDITIONAL USE PERMIT NO. 2981 AND NEGATIVE DECLARATION~
REQUESTED BY= PASTOR CLIFFORD G. SELF, COURAGEOUS LIVING CHURCH,
5464 E. La Palms Avenue, Anaheim, CA 92807
LOCATION/REQUEST= The property is located at 5464 E. La Palms
Avenue. The petitioner requests amendment to or deletion of
Condition No. 2 of Resolution No. 88R-135 of Conditional Use Permit
No. 2981 including Conditional Use Permit No. 2981 is to permit a
church with a waiver of minimum n~ber of parking spaces.
676
City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 1, 1991, 5=00 P.M.
PUBLIC NOTICE REQUIREMENTS MET BY~
Publication in Anaheim Bulletin - September 19, 1991
Mailing to property owners within 300 feet - September 19, 1991
Posting of property - September 20, 1991
PLANNING STAFF INPUT=
See Staff Report dated September 23, 1991, from the Zoning Administrator,
Annika Santalahti recommending that Condition No. 2 of Resolution No. 88R-135
be amended as stated in the report.
APPLICANT'S
STATEMENT=
Pastor Clifford G. Self, Courageous Living Church, 4564 E.
La Palma, was present to answer questions.
Joel Fick, Planning Director. This item originally had the
three year time limitation that some of the original church
conditional use permits had. In conformance with the recently
adopted ordinance, staff is recommending the extension in
accordance with the ordinance as it presently exists. Along the
lines of commentary of recent Council meetings, staff is
proposing an amendment to the wording that refers the next
future possible time extension to the Planning Commission for
their consideration as well.
Mayor Hunter opened the public hearing and asked to hear from anyone who
wished to speak, either in favor or in opposition~ there being no response, he
closed the public hearing.
City Attorney White. If the Council approves, he would suggest one minor
change to the staff wording which he feels is necessary because of a provision
in the Anaheim Municipal Code. He does not have any problem with referring
this item back to the Planning Commission to consider further extensions. The
sentence that states - 'the decision of the Planning Commission shall be
final' would mean if the City Council did not like the Planning Commission's
decision, it would never go to the Council for final determination which may
not be what the Council desires. The code provides that all decisions of the
Planning Commission are subject to appeal of the Council. He, therefore,
recommends that one sentence be deleted.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION= On motion by Council
Member Hunter, seconded by Council Member Ehrle, the City Council approved the
negative declaration upon finding that it has considered the negative
declaration together with any comments received during the public review
process, and further finding on the basis of the initial study and any
comments received that there is no substantial evidence that the project will
have a significant effect on the environment. Council Member Simpson was
absent. MOTION CARRIED.
WAIVER OF READING - RESOLUTIONs The title of the following resolution was
read by the City Clerk. (Resolution No. 91R-295)
677
City Hall. Anaheim. California - COUNCIL MINUTES - OCTOBER 1, 1991, 5:00 P.M.
Council Member Hunter moved to waive the reading in full of the resolution.
Council Member Ehrle seconded the motion. Council Member Simpson was absent.
MOTION CARRIED.
Council Member Hunter offered Resolution No. 91R-295 for adoption, granting
Conditional Use Permit No. 2981 subject to City Planning Commission conditions
and including the recommendation by the City Attorney relative to staff
recommendation that the one sentence stating that the decision of the Planning
Commission shall be final be deleted. Refer to Resolution Book.
RESOLUTION NO. 91R-295: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN
CONDITIONAL USE PERMIT NO. 2981 AND AMENDING RESOLUTION NO. 88R-135.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Pickler, Ehrle and Hunter
None
Simpson
The Mayor declared Resolution No. 91R-295 duly passed and adopted.
City Attorney White then confirmed for Council Member Daly if the Council
decided they want to make any or all decisions nonappealable, they could do so
as a policy matter but it would require an ordinance to amend the code.
Joel Fick, Planning Director. From staff's perspective, it was clearly their
intention as well that the Planning Commission decision was final unless
appealed or set for hearing by the Council.
Annika Santalahti, Zoning Administrator, clarified for Council Member Pickler
that the church hours were the same as originally approved and consistent with
the current zoning code.
ADJOURNMENT: Council Member Hunter moved to adjourn. Council Member Ehrle
seconded the motion. Council Member Simpson was absent. MOTION CARRIED.
(6:05 p.m.)
LEONORA N. SOHL, CITY CLERK
678