1991/12/17City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991, 5:00 P.M.
PRESENT:
ABSENT:
PRESENT:
The City Council of the City of Anaheim met in regular session.
COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ASSISTANT CITY CLERK: Ann M. Sauvageau
UTILITIES GENERAL MANAGER: Edward Aghjayan
UTILITIES ASSISTANT GENERAL MANAGER-FINANCE/ADMIN: Darrell Ament
ELECTRICAL ENGINEERING MANAGER= Jafar Taghavi
DIRECTOR OF MAINTENANCE: John Roche
RECREATION SUPERINTENDENT: Mark Deven
PLANNING DIRECTOR: Joel Fick
ZONING ADMINISTRATOR: Annika Santalahti
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 2:55 p.m. on December 13, 1991 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Hunter called the workshop portion of the meeting of December 17, 1991 to
order at 3:10 p.m.
175: WORKSHOP - UTILITIES UNDERGROUNDING:
City Manager James Ruth. Today's workshop presentation is on the status of the
Utilities Undergrounding Program for the City. The program has been modified
and will be accelerated. He then deferred to the Public Utilities General
Manager, Ed Aghjayan.
Ed Aghjayan, Public Utilities General Manager. Last year, the Five Year
Undergrounding plan was presented to and approved by the Council with a cost of
approximately 23 million dollars. An undergrouding subcommittee was formed
consisting of three members of the Public Utilities Board as well as two
members of the Planning Commission chaired by Dick McMillan. The committee has
been meeting regularly to review the revised program. The plan as recommended
by staff and the subcommittee was presented to the Public Utilities Board
approximately two weeks ago and approved by the Board. The Council is not
being asked for formal approval today but staff will come back perhaps at the
next Council meeting to ask for formal approval as well as some changes in the
undergrounding ordinance that will help implement the plan. Today's
presentation is a summary of the revised second year, five-year plan
(Mr. Aghjayan's presentation was supplemented by slides). The plan has changed
and is a major enhancement and acceleration of the program going from six
projects and 24.6 million dollars to the proposed plan of eleven projects and
40 million dollars for the five-year plan. He then introduced staff members
involved in the program and subsequently deferred to Jafar Taghavi.
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City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991, 5:00 P.M.
Jafar Taghavi, Electrical Engineering Manager. He briefed the Council on the
status of the current five-year plan, what has been completed to date, and the
projects that will be under construction in the near future. The second
project will be the C-R area scheduled to be done in four phases. The first
phase, which he briefed, is under design by the outside consultant. He also
briefed Phase II, III and IV. All phases are being planned with the knowledge
that the Disneyland expansion is going to take place. The only phase affected
by the Disneyland expansion will be Phase IV. If the expansion takes place,
Phase IV will be changed.
During the course of Mr. Taghavi's presentation wherein he specifically showed
the areas to be undergrounded in the C-R area, Council Member Pickler
questioned why they would not start undergrounding from Katella Avenue to Ball
Road on Harbor and Katella Avenue between West Street and Haster as the first
phase. To him, that is the most critical area and should be done first.
Staff members explained that the timing of Phase I and II is closely
coordinated with other improvements in the C-R area, the intent being to
minimize the overall impact to businesses in the area. The improvements will
be coordinated with the construction of the critical intersection and the
Katella Superstreet Project along with C-R area improvements. The right-of-way
improvements will not be taken until those are done. Mr. Aghjayan stated that
Council Member Pickler's concern will be taken into consideration.
Ed Aghjayan. Relative to the revised program, 5.5 million dollars is currently
unfunded. Since most of the projects involved are in the later stages of the
five-year plan, staff will take a critical look at some of the other capital
projects to see if some can be deferred and that money moved into the
undergrounding program. He then introduced Darrell Ament who will review the
proposed projects.
Darrell Ament, Assistant General Manager, Finance and Administration
(Utilities). He first reviewed the criteria the subcommittee and Public
Utilities Board used in determining the projects. The plan has gone from six
projects to eleven projects and from 24.6 to 40 million dollars. He then
briefed the projects throughout the City, their start dates and costs. During
his presentation, questions by Council Members were answered by Mr. Ament,
Ed Aghjayan, Bob Templeton, Electrical System Designer and Ben Sammanas,
Principal Engineer heading the undergrounding program.
Council Member Pickler reiterated that to him the most critical area is Katella
to Ball Road on Harbor and Katella between West Street and Haster and should be
done first; City Manager Ruth explained that it is not just a matter of
scheduling and design as explained earlier. Also involved is a variety of
other funding sources being used for the project. They are using gas tax
monies, Measure M monies, a variety of funding sources. It is a matter of when
those funds become available that triggers the Public Works Department design.
Council Member Daly asked how much reimbursement the City receives from
Southern California Edison and Pacific Bell since their lines will be going
underground as well.
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City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991, 5:00 P.M.
Ed Aghjayan. The City receives full reimbursement. Assessment districts are
set up and within these districts, which will be drawn very carefully around
the confines of the specific areas, all the utilities in that area have to go
underground. Whoever is there whether Edison, the phone company, etc., all are
required at their expense to underground in that specific area for the public
right-of-way. The 40 million dollars is the amount of money Public Utilities
is committing. An equal amount will probably be coming from cable and
telephone. The figures do not include the costs the cable and telephone
companies will be incurring.
Council Member Daly commended Mr. Aghjayan since from the day he came into the
Utilities Department having taken the program very seriously, residents have
been asking for such a program for years and it is one of the reasons he ran
for City Council. Thirty or forty years from now, it will be something the
City can look back on and be very proud of and is a credit to Mr. Aghjayan and
his staff.
RECESS - CLOSED SESSION: City Attorney Jack White requested a Closed Session
to consider the following items including three additional items (f, g and h):
a. To confer with its attorney regarding pending litigation pursuant
to Government Code Section 54956.9(a), to wit:
Golden West Baseball Co. vs. City of Anaheim, Orange County Superior
Court Case No. 40-92-46; Anaheim Stadium Associates vs. City of
Anaheim, et al., Orange County Superior Court Case No. 44-81-74.
City of Anaheim vs. Admiral Insurance Company et al., Orange County
Superior Court Case No. 53-16-60.
City of Anaheim vs. Ertzen, et al. SCV# 24-64-02.
b. To meet with and give directions to its authorized representative
regarding labor relations matters - Government Code Section 54957.6.
c. To consider and take possible action upon personnel matters
pursuant to Government Code Section 54957.
d. To confer with its attorney regarding potential litigation
pursuant to Government Code Section 54956.9(b)(1).
e. To consider and take possible action upon such other matters as
are orally announced by the City Attorney, City Manager or City
Council prior to such recess unless the motion to recess indicates any
of the matters will not be considered in closed session.
f. To meet with the City and/or Redevelopment Agency's real property
negotiator concerning the following property: Southern Plastics Mold,
2941 E. La Jolla, All Aboard, Inc., Manchester & Broadway and James
Productions, 1566 S. Douglass Street.
g. Newport Federal vs. City of Anaheim - O.C.S.C. 66-37-32.
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h. Friends of Tecate Cypress vs. City of Anaheim - O.C.S.C. 66-65-55.
By general Consent, the Council recessed into Closed Session. (3:45 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. (5:19 p.m.)
INVOCATION: Mary Hibbard, Anaheim United Methodist Church, gave the invocation.
FLAG SALUTE: Council Member Irv Pickler led the assembly in the Pledge of
Allegiance to the Flag.
119: DECLARATION OF CONGRATULATIONS: A Declaration of Congratulations was
unanimously adopted by the City Council and presented to Tim Baley, an Anaheim
resident and pianist/artist who has been invited by President and Mrs. George
Bush to give a holiday concert at the White House on December 27, 1991 as part of
their traditional holiday program.
Mayor Hunter and Council Members personally congratulated Mr. Baley on his
outstanding accomplishments.
Council Member Daly stated that Tim Baley is known to many people as a member of
the Hi Hopes entertaining group. Anaheim is the home to the Hi Hopes College for
the gifted mentally retarded where they learn art and music. Tim is one of the
shining examples of the program. The Council and citizens are very proud to have
him as a resident of Anaheim.
119: DECLARATIONS OF RECOGNITION AND APPRECIATION: Declarations of Recognition
and Appreciation were unanimously adopted by the City Council and presented to
the following employees on the occasion of their retirement as employees of the
City of Anaheim:
George Edwards, Public Utilities Department - 25 years of service; Art Daw,
Deputy City Engineer - 31 years of service; Sergeant Jerry C. Foster, Police
Department - 22 years of service; Sergeant George W. Robichaud, Police Department
- 28 years of service; Wade R. Faircloth, Jr., Police Department - 27 years of
service; Captain John Sayer, Fire Department - 30 years of service; Klaus Berger,
Fire Department - 26 years of service; William G. Lozier, Public Utilities
Department - 21 years of service; Phenie Doblin, Data Processing Department - 28
years of service; Rose M. Whitney, Maintenance Department - 21 years of service
(unable to be present).
Mayor Hunter and Council Members personally expressed their appreciation to each
of the employees and commended them for their long-time dedication and service to
the City and citizens of Anaheim.
MINUTES: Council Member Hunter moved to approve the minutes of the regular
meeting held November 19, 1991. Council Member Pickler seconded the motion.
MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,286,203.21 for the period
ending December 13, 1991, in accordance with the 1991-92 Budget, were approved.
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City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991, 5:00 P.M.
Mayor Hunter recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (5:41 p.m.)
Mayor Hunter reconvened the City Council meeting. (5:44 p.m.)
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member
Hunter, seconded by Council Member Ehrle, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Council Member Hunter
offered Resolution Nos. 91R-330 and 91R-335 through 91R-341, both inclusive,
for adoption and offered Ordinance No. 5280 for adoption. Refer to
Resolution/Ordinance Book.
WAIVER OF READING - RESOLUTIONS/ORDINANCE: The titles of the following
resolutions and ordinance were read by the City Manager. (Resolution Nos.
91R-330 and 91R-335 through 91R-341, both inclusive, for adoption and Ordinance
No. 5280 for adoption.)
Council Member Hunter moved to waive the reading in full of the resolutions and
ordinance. Council Member Ehrle 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 Robert Bryan for property damage sustained
purportedly due to actions of the City on or about November 3, 1991.
b. Claim submitted by Mercury Insurance Group for property damage
sustained purportedly due to actions of the City on or about September 22,
1991.
c. Claim submitted by Sue Schindler for property damage sustained
purportedly due to actions of the City on or about November 5, 1991.
d. Claim submitted by Vernon V. Roberts for property damage sustained
purportedly due to actions of the City on or about November 3, 1991.
e. Claim submitted by Lorraine L. Hoon for property damage sustained
purportedly due to actions of the City on or about November 4th and 5th, 1991.
f. Claim submitted by Deborah Perardi for property damage sustained
purportedly due to actions of the City on or about October 30, 1991.
g. Claim submitted by Rose Ann Miranda for property damage sustained
purportedly due to actions of the City on or about October 30, 1991.
h. Claim submitted by Louise M. King for bodily injury sustained
purportedly due to actions of the City on or about September 21, 1991.
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City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991, 5:00 P.M.
i. Claim submitted by Larry Anthony Finch for property damage and bodily
injury sustained purportedly due to actions of the City on or about
October 26, 1991.
j. Claim submitted by Martin Gomez Quezada for property damage and bodily
injury sustained purportedly due to actions of the City on or about
October 26, 1991.
k. Claim submitted by Curtis Henson for bodily injury sustained
purportedly due to actions of the City on or about October 26, 1991.
1. Claim submitted by Doreen Larsen for property damage sustained
purportedly due to actions of the City on or about November 4, 1991.
m. Claim submitted by Richard Maciel for property damage and bodily
injury sustained purportedly due to actions of the City on or about
November 8, 1991.
A2. 105: Receiving and filing minutes of the Public Utilities Board meetings
held October 3, 1991, and November 21, 1991.
105: Receiving and filing minutes of the Anaheim Park and Recreation
Commission meeting held October 23, 1991.
114: Receiving and filing Resolution No. 22,511 from the City of Glendale,
calling for the restoration of adequate funding in fiscal year 1991-1992 and
thereafter, for the State Department of Alcoholic Beverage Control and urging
the Governor and State Legislature to approve funding for the A.B.C.
enforcement at least at present levels.
A3. 123: Approving a Second Amendment to Agreement (Extension Agreement)
with Orange County Striping Service, Inc., for a third year of traffic
striping maintenance services, at a total cost of $145,000 for the 1991/92
fiscal year.
A4. 151: Considering the request of Taiyo Development California, Inc., for
an Encroachment License for six directional signs to be placed within the
right-of-way of: Santa Aha Canyon and Anaheim Hills Road, Nohl Ranch Road
and Canyon Rim, Canyon Rim and Via Arboles, Canyon Rim and Fairmont Boulevard,
Canyon Rim and Serran0, and Santa Aha Canyon Road and Fairmont Boulevard.
The Council continued this item to January 7, 1992 at the request of the
applicant with staff's concurrence.
A5. 167: Approving a Notice of Completion of the construction of the
Northeast Interconnect Project by Synchronistic Group, Inc., and authorizing
the Mayor to sign, and the City Clerk to file said Notice of Completion.
A6. 150: Approving a Notice of Completion of the construction of Sage Park
Security Lighting System by Laubach Electric, and authorizing the Mayor to
sign, and the City Clerk to file said Notice of Completion.
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City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991r 5:00 P.M.
A7. 164: Approving Contract Change Order No. 2, Neighborhood Preservation
Area II - Phase 2, in the amount of $32,813.86 in favor of Nobest Incorporated
(for new electrical ducts).
AS. 123: Approving a First Amendment to Agreement with Gillis, Iler & Clark
to temporarily suspend architectural design services for Fire Station No. 6.
A9. 123: Approving a First Amendment to the Agreement with the County of
Orange for improvements to Ball Road - Sunkist Street to Santa Ana River, to
reduce the City's share for the project by $319,000 due to A.H.F.P. funds
contributed; and authorizing the Mayor and City Clerk to execute said
Agreement.
Al0. 160: Authorizing the Purchasing Agent to issue a purchase order to Gelco
Space, in the amount of $36,769.64 for a modular office structure at Anaheim
Hills Golf Course maintenance yard.
Ail. 160: Accepting the bid of Orange Coast Ford Tractor, in the amount of
$27,952 for one industrial loader tractor with scraper, including optional
forks, in accordance with Bid ~5000.
Al2. 160: Accepting the bid of Mills Ford, in the amount of $27,107.82 for
two 3/4 ton pickup trucks, in accordance with Bid ~4999.
Al3. 160: Accepting the bid of Kuhlman Corporation, in the amount of
$52,366.50 for 25 single-phase subsurface transformers, in accordance with Bid
#4991.
Al4. 160: Accepting the bid of Pauwels Transformers, in the amount of $61,650
for six 750 KVA three-phase padmount transformers, in accordance with Bid
#4979.
160: Accepting the bid of Westinghouse Electric Supply Company, in the amount
of $55,600 for four 1000 KVA three-phase padmount transformers, in accordance
with Bid #4979.
Al5. 160: Accepting the bid of Westinghouse Electric Supply Company, in the
amount of $88,182 for three KVA padmount transformers; three 225 KVA padmount
transformers; and six 500 KVA padmount transformers, in accordance with
Bid #4986.
Al6. 160: Accepting the base bid of G & W Electric Company, c/o Banes
Associates, Inc., in the amount of $90,124 for fourteen SF-6 subsurface
switches, in accordance with Bid ~4993.
Al7. 160: Accepting the bid of Pauwels Transformers, in the amount of
$459,486 for one LTC three-phase 67-12.47 KV power transformer, selected spare
parts, and seismic analysis report, in accordance with Bid #4981.
Al8. 160: RESOLUTION NO. 91R-335: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING PARTICIPATION IN A STATEWIDE PURCHASING PROGRAM.
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City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991, 5:00 P.M.
A19. 128: Receiving and filing the Monthly Financial Analysis for three
months ended September 30, 1991, as submitted by the Director of Finance.
A20. 123: Accepting the low bid and approving an agreement with Moen Computer
Services, Inc., in an amount not to exceed $20,000 for the modification,
development, and installation of the base operating and application software
for the Mail Remittance Processing System, in accordance with Bid $4987.
A21. 175: RESOLUTION NO. 91R-336: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RATES, RULES AND REGULATIONS FOR THE SALE AND
DISTRIBUTION OF ELECTRICITY AS ADOPTED BY RESOLUTION NO. 71R-478 AND MOST
RECENTLY AMENDED BY RESOLUTION NO. 90R-349.
A22. 175: RESOLUTION NO. 91R-337: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM 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.
The following people spoke relative to the proposed rate increases~
Dr. William Kott, 522 Dwyer, Anaheim. Relative to the proposed increase
requested by the Utilities Department, he cannot find in the documentation
provided why an increase is needed or where it would go. He would like to know
more about the alleged needs of the Utilities Department. Approximately 15
years ago, the indebtedness for the Utilities was about 14 million dollars. At
that time the City had an audit done by one of the large accounting firms who
reported to the City Council as to the propriety of the Utilities operation.
He realizes there have been inside audits since then but feels at this time the
Council should request an audit from one of the big six accounting firms in
order to inform the citizens relative to the indebtedness of the Utilities
Department particularly relative to the electric utilities.
Max Engel, resident of Anaheim. He would like to be assured that as a result
of the proposed increases in water and electricity charges, Anaheim rates will
continue to be materially less than those charged by Southern California
Edison.
Ed Aghjayan, Public Utilities General Manager. System-wide, rates average
about 14 1/2% below Edison. Edison has just filed for an 8% increase effective
January 1, 1992. Depending on the increase that they get, the difference in
rates will widen even further. Over the long run, 5 to 10 years, the City's
rate increases, and there will be increases, will be competitive with the
market and less than what Edison is likely to experience primarily because the
City is invested in clean Coal Projects in Utah and one proposed in New
Mexico. He looks for rates to become even more competitive with Edison. Rate
increases will be lower than the average cost of living increases over the next
5 to 10 years.
Amin David, 419 S. Colt, Anaheim. He is present as a member of ACT and is
opposing the proposed rate increases. There is no justification for this
increase in the eyes of the citizens and rate payers. He suggests that the
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City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991, 5:00 P.M.
Council implement a complete financial and management efficiency audit of the
department by one of the large management audit firms to determine how the
department could be run more efficiently with less personnel.
Council Member Ehrle. He is going to vote no. He would also like to see the
first of the year the Council discuss a fiscal audit by one of the big six
auditing firms as was mentioned. He knows it will cost a lot of money but he
believes those costs should be put into next year's budget in order to know the
fiscal relationship to the long-term indebtedness. Staff says it is
870 million dollars. He has documents showing close to 3 billion dollars
direct and indirect in long-term indebtedness. It is necessary to know where
they stand.
Council Member Ehrle continued relative to the proposed water rate increases,
he is also going to oppose. In May 1991, Council approved an 8% water rate
increase to fund a department requested Water Conservation Program and on
July 1, 1991 it was reduced by the Council to 6%. Under the present conditions
he cannot support a program that raises water rates 6%. His inclination is to
ask the Council to remove the Water Conservation Program and reduce the 6%. He
will continue to support the 6% voted in some time ago if the 4-1/2% being
requested tonight takes its place. The remaining 6% should be used to phase
out the Water Conservation Program. In times of recession, Utilities cannot
continue to increase personnel and rates.
Council Member Daly asked how often there is a financial audit of water and
power. He believes it is on an annual basis.
Ed Aghjayan. There is a fiscal audit every year. The issue Council Member
Ehrle raised is to have an outside look at the Utilities level of indebtedness
and whether that is an appropriate level compared to other utilities and what
alternatives there are - such things as working capital, reserves, cash flow
analysis, etc. His sense is if they want a truly external view, it is simply a
matter of having specific attention paid to that aspect during the annual
audit. He knows it is covered in some general approach but does not know if it
is as detailed as Council Member Ehrle would like. He believes that would
answer the questions Council Member Ehrle has; Council Member Ehrle answered
that he was not certain but would give it some thought. There is no big hurry
and possibly they could agendize this one issue after the first of the year and
discuss the pros and cons.
Mr. Aghjayan then confirmed for Council Member Pickler that Orange County Water
District rates charged to the City were 5 or 6% higher than last year.
Council Member Daly feels it would be wise to have someone from the Orange
County Water District speak to the Council on why rates have to go up - why
they keep raising rates and why the Metropolitan Water District keeps raising
rates.
Council Member Pickler. He feels the City has an efficient Utilities
Department. This is a 'witch hunt' which they were on years ago. The figures
will show the Utilities Department is doing what has to be done.
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City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991t 5:00 P.M.
At the conclusion of the Consent Calendar, the Council approved Items A21 and
A22 increasing electric and water rates. Council Member Ehrle voted no.
A23. 123: Approving an Agreement with Boys and Girls Club of Anaheim, in the
amount of $25,575 for an after-school and summer recreation, sports, and arts
and crafts program for low-income children at Lincoln School during FY 1991/92.
A24. 150: Approving a request from the Anaheim Cinco de Mayo Fiesta Committee
for funding, in the amount of $6,535 to assist with the presentation of the
1992 Cinco de Mayo Fiesta to be held at La Palma Park on May 2 and 3, 1992 from
account no. 01-101-6799.
Council Member Pickler. The City has been cutting back on many programs.
Every year since the Council has allocated funds to the Cinco de Mayo Fiesta,
it has been $5,000. The request this year is for an additional $1,535 over and
above the $5,000 that has been allocated previously. He cannot see that the
City should be approving an increase in this case while decreasing or
eliminating funds for other such programs such as the Halloween Festival which
was completely eliminated.
City Manager Ruth. The increase is due to a request to place a canopy over the
eating area to shield patrons from the sun.
Mayor Hunter. The Council just approved the additional requested funding for
the TLC (Feedback Foundation) lunch program for Senior Citizens at the urging
of Council Member Pickler. The City has a large Hispanic community and he
(Hunter) feels it is appropriate to grant the request for additional funds for
the canopy.
Council Member Daly. He asked if the City is reimbursed for any of the
contribution made by the City or if it is considered a sponsorship; James
Ruth. It is a sponsorship. The fiesta raises quite a bit of money to offset
other costs. The subject amount is the City's contribution.
Council Member Pickler moved that the same amount allocated in previous years
be allocated again this year for the Cinco de Mayo Fiesta or $5,000; the motion
died for lack of a second.
Council Member Daly. He is a big supporter of the festival but money is tight
and he questioned the need for the canopy.
Amin David, 419 S. Colt. On a gesture of goodwill, the Mayor offered the
canopy so that it could be used to avoid having to sit in the very hot sun.
The Cinco de Mayo Fiesta makes money for the City. Consequently it is not a
deficit situation but a plus. The canopy will be used from year to year and
not just one time.
Mark Deven, Recreation Superintendent. The revenue that is realized from the
Cinco de Mayo Fiesta offsets direct and indirect City expenses. They do
receive more revenue than for billable direct expenses but there are some
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City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991, 5:00 P.M.
indirect expenses in the form of work hours that the department takes on for
preparation of the site and leading up to the event that are very difficult to
account for. He is certain it exceeds more than the amount of revenue taken in
from the carnival itself.
At the conclusion of the Consent Calendar, the Council voted to approve the
request in the amount of $6,535. Council Member Pickler voted no.
A25. 123: Approving a License Agreement with Set Free Christian Fellowship to
allow the relocation and housing of the Anaheim Boxing Club to the Set Free
facility located on Broadway and Philadelphia Streets, and authorizing the
Mayor and City Clerk to execute said agreement.
A26. 153: Approving the 1992 rates for the Lifeplus Foundation for Employee
Assistance Program services (REACH).
A27. 153: Approving the City of Anaheim revised Employee Medical Plan
Document.
A28. 153: RESOLUTION NO. 91R-338: 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. (Creating the
classifications of Senior Conservation Services Advisor, Conservation Services
Advisor I, and Conservation Services Advisor II, and deleting the
classification of Energy Services Advisor, effective December 20, 1991.)
A29. 153: RESOLUTION NO. 91R-339: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM
MUNICIPAL EMPLOYEES ASSOCIATION, GENERAL EMPLOYEES AND THE CITY OF ANAHEIM.
(Resolution amending Article 43, Call Out, to change minimum call out pay from
three hours to two hours for Maintenance Department employees.)
A30. 153: RESOLUTION NO. 91R-340: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM
FIREFIGHTERS ASSOCIATION, AND THE CITY OF ANAHEIM. (Resolution amending
Article 38, Paid Leave Program, to permit payment in cash for all paid leave
hours accrued but not used, upon retirement.)
A31. 177: Approving an application for funds under Section 8 of Title II of
the Housing and Community Development Act of 1974, and authorizing the Mayor to
sign the required compliance letter.
A32. 123: Approving a Grant Agreement with Dayle McIntosh Center for the
disabled for 1991 Emergency Shelter Grant funds, in the amount of $6,000 for a
period of eighteen months from the date of execution, to provide essential
services such as food for disabled homeless persons.
A33. 123: Authorizing the Mayor to execute an amendment to the escrow
instructions for the purchase of the Phoenix Club/Rancho Del Rio relocation
sites, in the amount of $7,557.25.
Council Member Pickler voted no.
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City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991, 5:00 P.M.
A34. 139: Receiving and filing the final report of the 1991 Legislative
Program.
A35. 123: Approving an Agreement with NCR Corporation, in the amount of
$97,793.11 for remittance processing equipment, a two-year maintenance plan and
start-up supplies.
A36. 123: Approving a Settlement Agreement and Release with International
Tile Exposition, and authorizing the Mayor and City Clerk to execute the
Settlement Agreement and Release on behalf of the City.
A37. 123= Approving an Agreement with Robert Johns for a period of five
years, for services associated with the operation of the Golf Pro Shop at H.G.
'Dad" Miller Public Golf Course, effective January 1, 1992 through December 31,
1996.
A38. 156: Authorizing the transfer of ownership of retired police canine
"Dingo" to his former handler, Officer Charles Knight.
A39. 108: ORDINANCE NO. 5280 - (ADOPTION): AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING SECTION 2.12.010 OF CHAPTER 2.12 OF TITLE 1 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO TRANSIENT OCCUPANCY TAX.
A40. 124: (i) Certifying that the City Council has reviewed and considered
the information contained in Final Supplemental EIR No. 310 (A Supplement to
Final EIR No. 284), (ii) adopting by reference those certain findings
concerning the significant environmental effects of the Convention Center
Betterment IV Expansion Project, including the Statement of Overriding
Considerations and findings relating thereto, as set forth in Community Center
Authority Resolution No. CCA-159, and (iii) adopting the Mitigation Monitoring
Program, including all mitigation monitoring measures to be performed by the
City of Anaheim, as set forth in Attachment A of said Resolution No. CCA-159.
(Continued from the meeting of December 10, 1991, Item A18.) (Betterment IV.)
RESOLUTION NO. 91R-330 : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN LEASE
FINANCING DOCUMENTS, APPROVING THE FORM AND AUTHORIZING DISTRIBUTION OF A
PRELIMINARY OFFICIAL STATEMENT, AND OFFICIAL NOTICE OF SALE AND AN OFFICIAL BID
FORM IN CONNECTION WITH THE OFFERING AND SALE OF CERTIFICATES OF PARTICIPATION
RELATING THERETO, AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT
THERETO.
Council Member Pickler. There is a recommendation to increase the Transient
Occupancy Tax (TOT) with .06 percent to become effective February 1, 1992 and
an increase of 1.4 percent to be effective December 1, 1993. The 6/10tbs is to
take care of the Betterment III package. What he is concerned about and
receives letters and calls about is the need for more police. He believes that
the expansion of the Convention Center is going to help the City in the long
run but he would like to see the Council enforce the total 2 percent at this
time, proceed with the .06 percent for the Convention Center expansion and use
.05 percent for the hiring of new policemen or safety personnel to do what
needs to be done in the streets of Anaheim. It is necessary to put
839
~ity Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17. 1991, 5:00 P.M_~
priorities in place. He is reco~ending that they approve the increase in the
TOT but that .05 percent be allocated to the hiring of police immediately.
Mayor Hunter. He cannot agree more. During the budget process, he voted for
four percent for the Utility User Tax with 2 percent to be dedicated to hiring
police officers and he was voted down. Council Member Pickler is now
suggesting .05 percent or 1/2 percent to hire police officers. They need to
agendize this item regarding what percentage of the 2 percent increase should
go towards the General Fund and specifically to hiring police officers. Police
Chief Molloy is present tonight. The Council should get a report from Chief
Molloy - perhaps the .05 percent of the remaining 1.4 may not be enough. He
would first prefer to have a report from the Chief.
Council Member Pickler. Whether 2 percent or 4 percent, the Utility Tax is a
temporary revenue. When hiring new police officers, the costs do not go away -
.05 percent will raise 1.4 million dollars. If it is allocated towards hiring
police officers, they can put 15 or 17 policemen on the streets.
Mayor Hunter. The issue on the agenda tonight is .06 percent of i percent to
go towards Betterment IV. They need to re-agendize the remaining amount which
can always be amended. Police officers are the number one priority. The issue
should be placed on the agenda and the Police Chief present with a detailed
report rather than allocating 1/2 percent at this time which may not be enough.
Council Member Ehrle. He concurs. He feels the report needs to be brought
back to determine the manpower they are using in the C-R area. They have a
commitment to the Conventions and hoteliers that if the City raises the TOT
that money is going to be put back into the area. If they can free up some
General Fund money now going to the Police Department, and free up those
officers in time and manpower and put it elsewhere in the City he would agree
but especially in the C-R area that those funds be made available for that area
because that is where they need the money for police protection.
City Manager Ruth. Staff has been developing a substantial amount of data
relative to the City's budget. Whatever decision is forthcoming, they will
need to take it in its total context where the budget is and where the City
stands with regard to the shortfall before making enhancements. It is
necessary to spend time working the Council through it and laying out a game
plan. Chief Molloy is working extensively with the City Manager's office.
Extensive research has been done on a 3 - 12 plan as reported by the Mayor.
They are not yet ready to commit to that but are willing to sit down with the
Council in the future to discuss the data with the Council.
Council Member Daly. There is a report on tonight's agenda which is a summary
of the first three months of the fiscal year. If trends continue, there will
be between a 3 and 4 million dollar deficit come June of 1992. The City does
not have the revenue to balance this year's budget. While he can appreciate
the idea of raising the bed tax to expand the Convention Center, and he
believes there is a lot of sense to the next expansion, hiring more police
officers - the major issue - does not go away. The budget is not balanced even
at this time. It is a mistake to talk about raising taxes and directing
840
City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991, 5500 P.M.
that revenue away from the current deficit. He does not understand the logic.
If they are going to raise the bed tax, it makes more sense to spend it in the
community to balance the budget, reopen libraries and fill vacancies that exist
in the Police Department at present before going into new programs. It makes
sense to expand the Convention Center again, but not today.
Council Member Simpson. There are two things at issue to be dealt with
separately. Betterment IV should stand on its own merit and, in his opinion,
it does. He has supported the expansion and will continue to do so. There is
not enough money left in the 2 percent to balance the budget or the predicted
shortfall but he supports Council Member Pickler's effort to use those new
monies to hire police officers which they continue to say is the number one
priority. If it is done tonight, it is his understanding they would have to
amend the ordinance and come back again.
City Attorney White. The ordinance that was introduced last week was to put in
place on February 1, 1992 a 6/10ths of 1 percent increase ~nd in place on
December 1, 1993 an additional 1.4%. In order to have any increase go into
effect on February 1, 1992, it would be necessary to have the ordinance adopted
on or before December 31, 1991 because of the 30 day referendum period before
the ordinance becomes effective. If the Council were to consider a different
ordinance than the one introduced last week, it could be introduced tonight but
in order to put it in place by February 1, 1992 would necessitate the Council
meeting again between now and the end of the year which is not currently
contemplated but which the Council can do.
Council Member Simpson. Something they need to be careful of is the amount of
money they use out of the TOT as a budget balancing mechanism. There is
pending legislation each year in Sacramento that gains strength. If they make
a move to balance the budget with an overabundance of funds from the TOT, it
might strengthen the impetus for that legislation which he does not believe
anyone wants. He recommends they proceed with the Betterment IV expansion
because in a down economy they should not run away from anything that is
revenue producing. He recommends that they move forward with that and at a
future Council meeting consider the .05 percent which he supports strongly to
hire additional police officers.
Council Member Pickler. It is necessary to set priorities. He wants the
expansion of the Convention Center but there is nothing that says the Council
has to take the 2 percent and put it back into the recreation area. If they
come back at the beginning of the year, take the 1.6 and talk about the .05 for
the Police Department he will feel more comfortable. He does not want to use
the TOT to balance the budget but if they do so in order to keep the city
functioning, it is something they may have to do.
Mayor Hunter. The Council is committed but today is not the day to do it. He
reiterated it is necessary to get a report from the Police Chief. He then
referenced and read excerpts from a letter received containing comments from
the hoteliers in the C-R area urging approval of Betterment IV. 'The
Betterment IV project is sound and strongly supported by the business
community...we must have faith in our economy and community...we need to
841
City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991, 5:00 P.M.
invest in our future by moving forward...create needed jobs in short term and
bring financial dividends in long term...'
There was also a report from Lynn Thompson, Convention Center General Manager
wherein he states if the Council does not make a commitment this evening to
move ahead with Betterment IV, the City will lose some major conventions. One
large convention alone, NEPCON, brings in about one million dollars to the
City. They do not want to lose those conventions to Las Vegas, Chicago or any
other city. What the Council does tonight on Betterment IV is a commitment to
move forward because it is a sound, viable decision. Another report was
submitted by the Finance Director, George Ferrone relative to the financing of
the 17.785 million dollar project by going forward now when interest rates are
the lowest in 17 years and in the life time of the project the City will save
5.385 million dollars by proceeding with the project at this time.
Council Member Daly. Mr. Thompson provided him data indicating that the
Convention Center is the largest facility on the West Coast. The paint is
barely dry on the last expansion, the most recent having opened in August of
last year. The first hall opened in 1967, the next was 1974, then 1983, 1990
and tonight they are considering the Hall E expansion. Since this is the
largest convention facility on the west coast, with Las Vegas and Chicago
larger, he is at a loss to understand who they are competing with. They do not
want to lose business but Anaheim has demonstrated an enormous commitment to
the convention business. His overwhelming concerns are with the state of the
City budget as well as budget priorities. He does not feel it will hurt to
defer the expansion of the Convention Center for a year or two in order to get
the City's fiscal house in order.
Council Member Ehrle. He is going to support Betterment IV precisely because
of the economy. It is nothing more than a continuation of what they started
several months ago in the expansion of the Convention Center. With interest
rates as they are at present, they will be saving approximately 5 million
dollars by building now. That is an incentive to go forward. It presents new
job opportunities in the next several months. With the size of the Convention
Center after expansion, there could be two or three major trade shows going on
at the same time which, in turn, will fill more hotels and people will be
spending more money in Anaheim.
At the conclusion of the Consent Calendar the Council adopted Ordinance
No. 5280 (Item A39) as well as approving the items under A40 with Council
Member Daly voting no.
A41. 105: Receiving and filing minutes of the Budget Advisory Commission
meeting held December 4, 1991.
A42. 155: RESOLUTION NO. 91R-341: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ADOPTING THE FINAL SOURCE REDUCTION AND RECYCLING ELEMENT AND
HOUSEHOLD HAZARDOUS WASTE ELEMENT OF THE SOLID WASTE MANAGEMENT PLAN AND
APPROVING NEGATIVE DECLARATIONS FOR THE PROJECT.
Doug Cramer, Vice President of the Institute of Scrap Recycling Industry, South
Western Chapter. His trade organization represents scrap metal
842
City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17r 1991r 5:00 P.M.
recyclers, waste paper dealers, plastic recyclers and textile recyclables. His
concern is with the City's Source Reduction and Recycling Element. It will be
creating a similar scenario to Palm Desert whereby through the source reduction
recycling element the traditional recyclers have been excluded from their
abilities to service and handle recyclables by way of a franchise waste hauling
agreement. Scrap recyclables are not waste and under the ordinance and Source
Reduction and Recycling Element generally they are counted as part of the waste
which creates the scenario by which a waste hauler can say it is waste, it is
mine, you cannot handle it. He would like to have clarification as to whether
or not this is the intention of the Source Reduction and Recycling Element and
if it is, he feels it deserves more attention and serious discussion.
John Roche, Maintenance Director. Relative to Mr. Cramer's remarks about an
exclusive franchise agreement, they do have an exclusive agreement with Anaheim
Disposal for collection of all waste in Anaheim. However, they do have a
number of recycling companies in Anaheim who have their own recycling
collections and have never interfered with the exclusive agreement. He
recommends to the Council that they continue that kind of relationship. The
only thing the City wants per Assembly Bill 939 is credit for that recycling
effort.
Council Member Pickler. He asked if this was going to affect Mr. Cramer's
operation; John Roche answered no.
Emil Berezzky, 1350 Pembrooke Lane, Anaheim resident since 1968. He is giving
a homeowners perspective of how recycling is affecting residents. Under the
Recycle Anaheim Program, he has trouble getting rid of his yard waste. The
black container is for trash but if residents trim hedges and trees there is no
way of getting rid of larger branches or trimmings. He has discussed the
matter with the sanitation department. There are no plans to do anything about
the situation at present. He is for recycling but he does not believe the
Council or the Sanitation Department has taken into account the great problem
created for homeowners to get rid of ordinary yard waste. He is requesting,
(1) that the Council make provisions to have the Sanitation Department pick up
at least a couple of bundles of tree branches and trimmings each week as was
done in the past and, (2) the literature initially mailed to the residents
pointed out the positive aspects of the program but did not talk about the
problems it would create for homeowners. What he feels was misleading and
incomplete communication was a letter received just a few days ago saying that
the program is completely voluntary. If it is voluntary, he wants to get out
of the program and go back to the old system or have provisions made to collect
his bundled outdoor waste. The remarks are confirmed in a letter he had
previously sent to the Council. (See letter dated December 7, 1991 made a part
of the record.)
Mayor Hunter. Mr. Berezzky's comments will be directed to the appropriate
people.
A43. 170= Approving the Subdivision Agreement of parcel Map No. 90-244 with
Southern Pacific Transportation Company. Parcel Map No. 90-244 is located
south of Manchester Avenue, north of Mable Street and Santa Aha Street and west
of Walnut Avenue.
843
City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991, 5:00 P.M.
Roll Call Vote on Resolution No. 91~-335 and Resolution)los. 91R-338 through
91R-341, both inclusive, for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Ehrle, Pickler, Daly and Hunter
None
None
The Mayor declared Resolution No. 91R-335 and Resolution Nos. 91R-338 through
91R-341, both inclusive, duly passed and adopted.
Roll Call Vote on Resolution Nos. 911~-336 and 91~-337 for adoption:
AYES: COUNCIL MEMBERS: Simpson, Pickler, Daly and Hunter
NOES: COUNCIL MEMBERS: Ehrle
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 91R-336 and 91R-337 duly passed and adopted.
Roll Call Vote on Resolution No. 91R-330 for adoption:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler and Hunter
NOES: COUNCIL MEMBERS: Daly
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 91R-330 duly passed and adopted.
Roll Call Vote on Ordinance No. 5280 for adoption:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler and Hunter
NOES: COUNCIL MEMBERS: Daly
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 5280 duly passed and adopted.
End of Consent Calendar. MOTIONS CARRIED.
A44. 000: 5:00 P.M. - AMENDING THE FEE SCHEDULE FOR SHOW WAGON RENTAL:
To consider amending the fee schedule for the rental of the Parks,
Recreation and Community Services Department Show Wagon. Submitted
was report dated December 17, 1991 from the Director of Parks,
Recreation and Community Services recommending that the fee schedule
for the rental of the department's Show Wagon be increased in order to
maintain Show Wagon services to the community on a self-supporting
basis.
Mayor Hunter asked if anyone was present who would like to speak to the issue;
there was no response.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 91R-342)
844
City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991, 5:00 P.M.
Council Member Hunter moved to waive the reading in full of the resolution.
Council Member Pickler seconded the motion. MOTION CARRIED.
Council Member Hunter offered Resolution No. 91R-342 for adoption, amending
fees to be charged for certain Park and Recreation Services. Refer to
Resolution Book.
RESOLUTION NO. 91R-342: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING FEES TO BE CHARGED FOR CERTAIN PARK AND RECREATION SERVICES.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Ehrle, Pickler, Daly and Hunter
None
None
The Mayor declared Resolution No. 91R-342 duly passed and adopted.
A45. 102: REAPPOINTMENT TO ORANGE COUNTY VECTOR CONTROL DISTRICT - BOARD OF
TRUSTEES:
Reappointing Ms. Paula Biester as Anaheim's representative to the
Orange County Vector Control District's Board of Trustees, term
expiring December 31, 1993. Submitted was letter dated December 3,
1991 from the District Manager of the Orange County Vector Control
District, Gilbert Challet requesting that Ms. Biester be reappointed,
or a successor, for the two-year term of office ending December 31,
1993.
MOTION: Council Member Pickler moved to reappoint Ms. Paula Biester as
Anaheim's representative to the Orange County Vector Control District Board of
Trustees for the term expiring December 31, 1993.
A46 ·
105: MOTHER COLONY HOUSE ADVISORY BOARD:
Appointing Peggy Hoag to fill the current vacancy left by Mabel Walker
on the Mother Colony House Advisory Board, term expiring December 31,
1992.
MOTION: Council Member Pickler moved to appoint Peggy Hoag to the Mother
Colony House Advisory Board to fill the current vacancy left by Mabel Walker
for the term expiring December 31, 1992.
ITEMS B1 - B3 FROM THE ZONING ADMINISTRATOR MEETING OF NOVEMBER 27t 1991 -
DECISION DATEs DECEMBER 5r 1991, INFORMATION ONLY - APPEAL PERIOD ENDS
DECEMBER 20, 1991~
B1.
1795 CONDITIONAL USE PERMIT NO. 3473, CATEGORICAllY EXEMPT, CLASS 11:
OWNER: LEON ALEXANDER, 558 S. Harbor Blvd., Suite 100, Anaheim, CA
92805.
AGENT: SILVA ALEXANDER, 558 S. Harbor Blvd., Suite 100, Anaheim, CA
92805.
LOCATION: 558 South Harbor Boulevard. Property is approximately 0.2
acre located at the northeast corner of Harbor Boulevard and Water
Street.
845
City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991, 5:00 P.M.
To permit a 45 square foot freestanding sign in the "CO" (Commercial
Office and Professional) Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
CUP NO. 3473 APPROVED, IN PART, maximum sign height eight feet
(ZA91-52).
B2.
179:
CONDITIONAL USE PERMIT NO. 3478, CATEGORICALLY EXEMPT, CLASS 3:
OWNER: DOUGLAS C. AND PATSY ANN ELLIOTT, 497 S. Country Hill Road,
Anaheim, CA 92808.
LOCATION: 497 S. Country Hill Road. Property is approximately 0.74
acre located at the southeast portion of the bend of Country Hill Road
and Mohler Drive.
To permit a ground mounted satellite dish antenna.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
CUP NO. 3478 APPROVED (ZA91-53).
B3.
179: ADMINISTRATIVE USE PERMIT NO. 91-04:
REQUESTED BY: KYUNG WON LEE, (IN SON YI) 1334 Garrett Street,
Anaheim, CA 92804.
LOCATION: 1334 Garrett Street.
To permit a large family day care home for up to 12 children.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Use Permit No. 91-04 APPROVED (ZA91-54).
ITEMS B4 - B5 FROM THE ZONING ADMINISTRATOR MEETING OF DECEMBER 12, 1991 -
DECISION DATE: DECEMBER 13f 1991, INFORMATION ONLY - APPEAL PERIOD ENDS
DECEMBER 30, 1991:
B4.
179: VARIANCE NO. 4138, CATEGORICALLY EXEMPT, CLASS 3:
OWNER: HENRY AND SANDY JO, 249 East Borromeo, Placentia, CA 92670.
AGENT: INLAND DESIGN, INC., 954 West Foothill Boulevard, Suite B,
Upland, CA 91786.
LOCATION: 530 South Old Ranch Road.
Property is approximately 0.98 acre located at the southern terminus
of Old Ranch Road, approximately 300 feet south of the centerline of
Country Hill Road.
Waiver of maximum structural height to construct a three (3) story,
11,891 square-foot single family residence.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4138 APPROVED, IN PART, for 32 feet, (ZA91-56).
B5.
179: VARIANCE NO. 4161, NEGATIVE DECLARATION:
OWNER: W. W. MORNINGSTAR, ROBERT MORNINGSTAR, MARTHA A. SMITH,
MARGARET PAILLASSON, 920-B 17th Street, Santa Aha, CA 92706.
AGENT: HECTOR M. URBINA.
LOCATION: 2181 West Katella Avenue, Unit C. Property is
approximately 0.51 acre located at the northeast corner of Katella
Avenue and Brookhurst Street.
waiver of minimum number of parking spaces to'establish a fast food
restaurant.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4161 APPROVED (ZA91-57).
846
City Hall~ Anaheim, California - COUNCIL MINUTES - DECEMBER 17~ 1991~ 5=00 P.M.
End of the Zoning Administrator Items.
B6. 179: REQUEST FOR REHEARING - CONDITIONAL USE PERMIT NO. 2963 AND NEGATIVE
DECLARATION:
REQUESTED BY: FRANK L. RHEMREV, ATTORNEY AT LAW, 856 North Ross
Street, Suite 205, Santa Ana, CA 92701.
The property is located at 3242 West Lincoln Avenue - The business is
Games Plus. The petitioner requested deletion of Condition No. 11
(Resolution No. 90R-451) for a non-expiring extension of time to
Conditional Use permit No. 2963 which permits on-sale beer in an
existing billiard parlor and amusement arcade, with waiver of minimum
number of parking spaces on CL zone property.
A public hearing was held on December 3, 1991 at the conclusion of which, the
City Council denied the request to amend the condition extending Condition
No. 11 of the CUP and thus, the CUP will expire on January 12, 1992 (Resolution
No. 91R-326).
Council Member Pickler asked if the Council was required to hold a rehearing on
the subject.
City Attorney White. The code provides when such a request is denied, the
applicant has the right to request a rehearing by filing a declaration or
affidavit which has been done. The Council's decision is based upon the
information in the declaration. If the Council wishes to ask any questions of
Mr. Rhemrev, they can do so, but it is not required that the Council conduct a
further oral proceeding at this time.
MOTION: Council Member Pickler moved to deny the request for a rehearing
relative to Conditional Use Permit No. 2963 and, specifically Condition No. 11,
Council Member Hunter seconded the motion. MOTION CARRIED.
ITEMS B7 - Bi0 FROM THE PLANNING COMMISSION MEETING OF DECEMBER 16~ 1991
INFORMATION ONLY - APPEAL PERIOD ENDS DECEMBER 26~ 1991:
B7. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3471
TENTATIVE TRACT MAP NO. 14587 AND NEGATIVE DECLARATION:
OWNER: THE HERITAGE, A GENERAL PARTNERSHIP, 1940 N. Tustin Ave.,
~100, Orange, CA 92665.
AGENT: CRAIG COMBS ASSOC., 1535 Monrovia Ave., Newport Beach, CA
92663.
LOCATION: 425 North Magnolia Avenue. Property is approximately 9.2
acres located on the west side of Magnolia Avenue and approximately
662 ~ee% south o~ the cen~erllne of Crescent Avenue.
To permit the conversion of an existing 128-unit apartment complex to
a 128-unit, 21-1ot, air-space condominium complex.
To establish a 21-1ot, 128-unit, RM-3000 condominium subdivision with
waiver of required lot frontage, minimum lot width, minimum floor
area, permitted encroachments into required yards, minimum distance
between buildings and minimum landscape setback adjacent to
single-family residential zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
Tentative Tract Map No. 14587 APPROVED (6 yes votes, and 1 no vote).
847
City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991, 5:00 P.M.
NOTE: CUP NO. 3471 has a 22-day appeal period and will appear on the
City Council agenda of January 7, 1992.
B8. 179: RECLASSIFICATION NO. 91-92-09, WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 3481, TENTATIVE TRACT MAP NO. 14603 AND NEGATIVE
DECLARATION:
OWNER: DOMINIC and SONJA GELO, 3326 W. Orange Ave., Anaheim, CA
92804.
AGENT: BAHRA GMASSEMI, 3500 S. Greenville St., $G-23, Santa Aha, CA
92704.
LOCATION: 3326 West Orange Ave. Property is approximately 0.50 acre
located on the south side of Orange Avenue and approximately 530 feet
east of the centerline of Danbrook Street.
To reclassify subject property from the RS-A-43,000
(Residential/Agricultural) Zone to the RM-2400 (Residential,
Multiple-Family) or less intense zone.
To permit an 8-unit condominium complex with waiver of minimum
recreational/leisure area.
To establish a l-lot, 8-unit, RM-2400 condominium subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
Tentative Tract Map No. 14603 APPROVED (6 yes votes, I absent).
NOTE: Reclass No. 91-92-09 and CUP NO. 3481 have a 22-day appeal
period and will appear on the City Council agenda of January 7, 1992.
B9. 155: ENVIRONMENTAL IMPACT REPORT NO. 288~ VARIANCE NO. 4588, TENTATIVE
PARCEL MAP NO. 90-140:
OWNER: IDM CORPORATION, P.O. BOX 57, Long Beach, CA 90801
LOCATION: IDM BUSINESS CENTER, ANAHEIM. Property is approximately
6.0 acres located on the west side of State College Blvd. and
approximately 570 feet south of the centerline of Orangewood Avenue.
Waiver of required lot frontage to establish a 2-lot commercial office
subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
Tentative Parcel map No. 90-140 APPROVED (6 yes votes, and i absent).
NOTE: Variance No. 4158 has a 22-day appeal period and will appear on
the City Council agenda of January 7, 1992.
Bi0. 170: TENTATIVE TRACT MAP NO. 14130, CONDITIONAL USE PERMIT NO. 3301 AND
NEGATIVE DECLARATION:
OWNER: BLASH MOMENY, 27762 Pebble Beach, Mission VieJo, CA 92692
LOCATION: Property is approximately 4.41 acres located at the
northwest terminus of Garland Circle and approximately 450 feet west
of the centerline of Boisserac way.
Amendment to conditions of approval pertaining to the provision of
vehicular access to Orchard Drive and review of revised site plan for
substantial conformance findings in conjunction with a
previously-approved 19-lot (18-unit) residential subdivision.
ACTION TAKEN BY THE PLANNING COMMISSIONs
Tentative Tract Map No. 14130 DENIED.
NOTE: CUP NO. 3301 has a 22-day appeal period and will appear on the
City Council agenda of January 7, 1992.
848
City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991, 5:00 P.M.
ITEMS OF PUBLIC INTEREST:
John Krajacic. He expressed concern regarding the City's Senior Citizens and
poor people. He urged the Council to make decisions that would assist those
groups.
Harvey Lopez, Member of Orange County Congregation of Community Organizations.
He referred to the Posada which was recently held in Pearson Park to which the
Council was invited. He then presented a large card which contained many
signatures. They are not saying that the Council should not expand the
Convention Center or make other improvements, but they are concerned about the
basic needs of people. He then commented on the gang problem in the City which
needs to be addressed concluding that there is a need to address family issues
in the City.
D1. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3318 AND NEGATIVE
DECLARATION:
OWNER: PHAN NHUBUI, 14141 Riverton, Westminster, CA 92683.
AGENT: TUE TONG, 14141 Riverton, Westminster, CA 92683.
LOCATION/REQUEST: The property is located at 3203 West Ball Road and
is approximately 0.21 acre located at the northwest corner of Ball
Road and Western Avenue.
The petitioner requests amendment to conditions of approval pertaining
to limitations of uses. To permit a beauty salon in conjunction with
business offices including accounting, bookkeeping, insurance, law or
legal services, real estate, public utilities, consultants and other
similar offices.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - December 5, 1991
Mailing to property owners within 300 feet - December 4, 1991
Posting of property - December 6, 1991
PLANNING STAFF INPUT:
See Staff Report to the City Manager/City Council dated December 9, 1991 from
the Zoning Administrator, Annika Santalahti.
Joel Fick, Planning Director. The staff report notes that there were three
resolutions approved last summer - one by the Council and two by the Planning
Commission, one of which was a nunc pro tunc addressing general business
offices, as opposed to specifying a real estate office only. That was the
intent of the Planning Commission in granting the original request. They did
approve a nunc pro tunc resolution; however, because the item was not a
scheduled public hearing before the Council, it never formally got adopted into
the resolution. Staff views this as a housekeeping issue and is recommending
approval as requested by the applicant.
Annika Santalahti, Zoning Administrator confirmed for Council Member Pickler
that only two businesses will be conducted on the property one of which could
be the beauty parlor - 1200 square foot maximum - two businesses only.
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City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991, 5:00 P.M.
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.
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. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 91R-343)
Council Member Hunter moved to waive the reading in full of the resolution.
Council Member Ehrle seconded the motion. MOTION CARRIED.
Council Member Hunter offered Resolution No. 91R-343 for adoption, amending
conditions of approval of Conditional Use Permit No. 3318. Refer to Resolution
Book.
RESOLUTION NO. 91R-343: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL
USE PERMIT NO. 3318 AS HERETOFORE APPROVED BY RESOLUTION NO. PC90-196.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Ehrle, Pickler, Daly and Hunter
None
None
The Mayor declared Resolution No. 91R-343 duly passed and adopted.
ISSUANCE OF PARKING TICKETS TO STREET VENDORS:
Mayor Hunter. He has copies of a whole stack of tickets given to him that have
been issued to street vendors for parking too long. He would like to have the
Code Enforcement Manager, John Poole, submit a report on the issue. He
(Hunter) has had phone calls from several judges at North Court asking why the
City is spending so much time and money to get a $130.00 fine from a vendor
parked for fifteen minutes in a ten minute zone. He feels that sometimes there
is a need to be a little more judicious on these matters. The stack of tickets
are being contested. It is something that needs to be looked at again. He
asked that Mr. Poole perhaps meet with Pedro Vasquez in researching the matter
and why there are such a constant large amount of tickets.
Council Member Pickler. He feels that when there are laws on the books
everyone should abide by the laws until and if the law is changed.
Mayor Hunter. The Council Members are the policy makers and have the power to
change the laws. If there are 40 or 50 tickets and the judges are calling him
and the City Attorney's Office has to prosecute and spend time on parking
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City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991, 5:00 P.M.
tickets, he questions why so much time and effort is being spent on the issue
over and over again. If there is a problem, the Council should revisit the
matter. He will await Mr. Poole's report on the matter.
ADJOURNMENT: Council Member Hunter moved to adjourn, Council Member Ehrle
seconded the motion. MOTION CARRIED. (7~12 p.m.)
No Council Meetings are scheduled for Tuesday, December 24, 1991 (Christmas
Eve) and Tuesday, December 31, 1991 (New Year's Eve). The next scheduled City
Council Meeting will take place January 7, 1992.
LEONORA N. SOHL, CITY CLERK
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