1996/04/09CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES
APRIL 9, 1996
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Tom Tait, Bob Zemel, Frank Feldhaus, Lou Lopez, Tom Daly
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY A'I-rORNEY: Jack White
CITY CLERK: Leonora N. Sohl
PLANNING DIRECTOR: Joel Fick
CODE ENFORCEMENT MANAGER: John Poole
A complete copy of the agenda for the meeting of the Anaheim C~ Council was posted at 11:25 a.m. on April
5, 1996 at the Civic Center kiosk, containing all items as shown herein.
Mayor Daly called the meeting to order at 3:00p.m.
REQUEST FOR CLOSED SESSION:
City Attomey Jack White requested a Closed Session noting first that there are no additions to Closed
Session items.
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
There were no public comments relative to Closed Session items.
The following items are to be considered at the Closed Session:
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: Juliette Low School
Negotiating par'des: City of Anaheim, Magnolia School Distdct
Under negotiation: Pdce and terms
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: Anaheim Stadium
Negoli~ng parlJos: City of Anaheim, GoldenWest Baseball Co., and Disney Baseball Enterprises, Inc.
CONFERENCE WiTH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9
(a) EXISTING LITIGATION:
Name of Case: City of Anaheim vs. George Madanat, et al. Orange County Superior Court Case No.
75-38-54.
CITY OF ANAHEIM CALIFORNIA COUNCIL MINUTES APRIL 1996
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9
(a) EXISTING LITIGATION:
Name of Case: Grand Hotel Associates, d.b.a. Grand Hotel, USBC Case No. LA95-29666AA.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: one potential case.
CONFERENCE WITH LABOR NEGOTIATOR
Agency Negotiator: Dave Hill
Employee Organization: Hotel and Service Employees Local 399
Teamsters Union Local 952.
By general consent, the Council recessed into Closed Session. (3:05p.m.)
AFTER RECESS:
The Mayor called the meeting to order, all Council Members being present, and welcomed those in
attendance to the Council meeting. (5:07 p.m.)
INVOCATION:
Pastor Jimmy Gaston, Church of Christ, gave the invocation.
FLAG SALUTE:
Council Member Tom Tait led the assembly in the Pledge of Allegiance to the Flag.
119: PROCLAMATION: The following Proclamation was issued by Mayor Daly and authorized by the City
Council:
Recognizing April 14-20, 1996 as National Telecommunications Week in Anaheim
Representatives from the Police Department were present to accept the Proclamation. (Scheduled to be
present were Shelley McKerren, Marteen Blanchard, Yolanda Zadrozny, Sue Hayes, Maria Munoz, and
Debbie Wuast.)
119: PRESENTATION/DECLARATION: A Declaration of Congratulation was unanimously adopted by the
City Council congratulating and recognizing Jacquelyn Terrell for being named Woman of the Year for
1996 for her distinguished sen'ica to the community.
Kim Barone, Chief of Staff for Senator Rob Hurtt (34th State Senate District) was also present to recognize
Mrs. Terrall. She explained that the Woman of the Year celebration was started in 1987 to recognize the
contributions of California women during Women's History Month and honors a woman from each
Assembly end Senate District. She then explained how the selection of Mrs. Terrell was ultimately made.
Senator Hurlt chose Jackie Terrell because of her extensive and long history of service to the community of
Anaheim which she briefed. Ms. Bamne also briefed the order of ceremonies that took place in the State
Capitol where Senator Hurlt escorted Mrs. Terrell onto the Senate floor where she wes presented with a
special resolution. She thereupon re-presented the resolution to Jackie on behalf of Senator Hurtt along
with a photo collage of the events she was involved in when she spent the day at the Captiol.
CITY OF ANAHEIM, CALIFORNIA cOUNCIL MINUTES APRIL 1996
Mayor Daly end Council Members also commended JackJe Terreil for her fireless efforts on behalf of the
Anaheim community; Mre. Terreil in accepting beth the resolution from Senator Hurtt and the Declaration
from the Council thanked evewone for the great honor bestowed upon her and also for the support and
assistance given to her. She also thanked City Manager Ruth. She stated this does not mark an end to her
sewice. She loves Anaheim and will continue to try to make and keep Anaheim an even better place for all
especially in continuing to pursue her goal of having a therapeutic facility built in the City for the disabled
which will serve all of Orange County.
119: RECOGNmONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT
ANOTHER TIME:
2.
3.
4.
PROCLAMATION recognizing Vincent Ferragamo on his receipt of the Heritage Award
from the Orange County American Italian Renaissance Foundation.
PROCLAMATION recognizing April 21 - 27, 1996, as National Crime Victims' Rights Week
in Anaheim.
PROCLAMATION recognizing April 21, 1996, as Let's Make A Difference Day in Anaheim.
PROCLAMATION recognizing April 14 - 21, 1996, as National Days of Remembrance in
Anaheim.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,494,567.37 for the period ending April 1,
1996 and $3,073,044.08 for the podod ending April 8, 1996, in accordance with the 1995-96 Budget, were
approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority
meeting. (5:22 p.m.)
Mayor Daly reconvened the City Council meeting. (5:30 p.m.)
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
Joseph Kung, Imperial Canyon Shopping Center, (File Ref.: 167) 5581 E. Santa Aha Canyon Rd.,
Anaheim. He referred to and submitted additional documents relative to the traffic congestion and safety
problem on Impedal Highway especially at the intersection of Imperial Highway and Santa Aha Canyon
Road as follows: Pe~on with 41 signatures demanding the City Council to take certain actions (hold Public
Hearing to review the final street design proposal for the Imperial Highway 'smart street' project, appoint a
Citizens Traffic Review Committee, answer questions posed as outlined in letter attached to the petition),
Pelition with 28 signatures demanding certain things of the Orange County Transportation Authority
(OCTA), letter from Kung dated 4/1/96 to George Hale, HNTB Architects/Engineers/Planners, letter from
Kung to O.C.T~.. dated 4/9/96 with attachments, letter from Kung to Kirk Cessna of Caltrans dated 4/9/96,
letter dated 3/31/96 from Kung to Mark Gordon, Deputy City Attorney. He also referred to his previous
appearances before the Council on Mamh 19 and March 26, 1996 (see minutes those dates).
CITY OF ANAHEIM CALIFORNIA COUNCIL MINUTES APRIL 1996
Mr. Kung stated that on Mamh 19, 1996, the Mayor asked the City Manager to take his written input, review
it, and take appropriate actions but up to now, nothing has been done. He then recounted some of the
things that have taken place since that time which included two meetings with City staff. He explained what
transpired at those meetings and also briefed some of the issues contained in his letters to the various
agencies. He has three problems and he wants specific comments and advice from the Council, the first
being relative to the driveway he proposed for his shopping center (Imperial Canyon Shopping Center at
Imperial and Santa Ant Canyon Road) for the past 17 months. He has received no official word from City
staff except for consistently rejecting his requests unreasonably. Caltrans has sent him a letter saying they
are currently reviewing his traffic engineering report and proposed entrance but City staff has not even told
him they are considering his proposal while sending him a letter rejecting it.
Mayor Daly interjected and stated that Mr. Kung mentions a number of times he is expecting a response
from City government and he knows there have been frequent meetings with staff and Mr. Kung. He
believes a response to his request is forthcoming from City staff and he will ask the City Manager when it
will be mailed to Mr. Kung.
City Manager, James Ruth. His understanding is that there will be a response from staff within the next two
days.
City Attorney, Jack White. He is speaking on behalf of his office so that the situation is clear. In one of his
letters, because Mr. Kung stated the situation might result in litigation, his staff became involved and was
asked to review the response before it is sent to Mr. Kung. The Public Works Department submitted the
letter to his office a week ago today. The attorney working on the matter has been in court and has not
been able to get to it. He has indicated to the City Manager and Public Works Director that within the next
48 hours they will have reviewed the letter and will give their input so that a response can be made. The
delay was not because of the City Manager or Public Works Department.
Mayor Daly. Speaking to Mr. Kung, he stated a letter will be sent to him within the next few days addressing
the various questions and requests that he had made.
Mr. Kung stated he had no intention of suing the City but, unfortunately, the way the City staff has treated
him, in his opinion, almost invited him to do so. He then relayed what transpired in his discussion with
Deputy City Attorney, Mark Gordon. He also stated there are people from Yorba Linda asking him to stop
the (smart street) project and all he needs to do is tile a law suit and get a restraining order to have it
stopped. He does not want to do that but he needs cooperation from the Cit~ to tell him they appreciate the
20 hours a day he puts in to help them resolve the smart street project. He asked if it was possible to have
the Council direct staffto cooperate with him and not take a negative attitude. He does not want favoritism
but also does not want any discrimination.
Mayor Daly answered that he will be treated with the same professional courtesy as accorded anyone else
in their dealings with staff.
PUBUC COMMENTS - AGENDA ITEMS:
There ware no public comments on City Council Agenda items.
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted
upon for the Council meeting of April 9, 1996. Council Member Lopez seconded the
motion. MOTION CARRIED.
4
CITY OF ANAHEIM CALIFORNIA COUNCIL MINUTES APRIL 1996
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR:
On motion by Mayor Daly, seconded by Council Member Lopez, the following items were approved in
accordance with the reports, cedJflcalJons and recommendations furnished each Council Member and as
listed on the Consent Calendar; Mayor Daly offered Resolution Nos. g6R-47 and 96R-48, beth inclusive, for
adoption. Refer to Resolution Book.
Al.
118: The following claims were filed against the City and action taken as recommended:
Claims rejected and referred to Risk Management:
Claim submitted by Helen Rose Jaco c/o Arthur H. Barens for bodily injury sustained
purportedly due to actions of the City on or abeut July 21,1995.
Claim submitted by Brian D. Hirst for property damage sustained purportedly due to
actions of the City on or abeut January 4, 1996.
Claim submitted by Zsuzsana Zeller for property damage sustained purportedly due to
actions of the City on or abeut January 27, 1996.
Claim submitted by Andy Tran c/o Renee D. Lavely, Esq. For bodily injury sustained
purportedly due to actions of the City on or abeut September 16, 1995.
Claim submitted by Suzanne Devaney for property damage sustained purportedly due to
actions of the C~ on or abeut January 1, 1996.
Claim submitted by Allstate Indemnity Co. (Geoffrey W. Barclay, Insured) for property
damage sustained purportedly due to actions of the City on or abeut August 8, 1995.
Claim submitted by Thomas Dodson for property damage sustained purportedly due to
actions of the City on or about January 28, 1996.
Claim submitted by Katalin Pusok and Andrea Pusok, a minor, by and through her
Guardian Ad Litem, Agneta Pusok c/o Roy L. Comer, Esq. for bodily injury sustained
purportedly due to actions of the City on or about September 7, 1995.
105: Receiving and filing minutes of the Budget Advisory Commission meeting held February 21,
1996.
173: Receiving and filing a Notice of Proposed Changes to Southern California Gas Company's
Gas Rates (Application No. 9603-031) regarding (1) a decrease in rates; (2) an increase in
customer charges; (3) reduction in baseline allowances; and (4) an increase in CARE surcharge,
effective January 1, 1997.
105: Receiving and filing minutes of the Golf Advisory Commission meelJng held February 29,
1996.
140: Receiving and filing the Anaheim Public Ubrary Monthly Statistical Report for the month of
February, 1996.
140: Receiving and filing minutes of the Anaheim Public Library Board meeting held Februap/28,
1996.
5
CITY OF ANAHEIM CALIFORNIA COUNCIL,MINUTES APRIL 1996
105: Receiving and tiling minutes of the Anaheim Park and Recreation Commission meeting held
February 28, 1996.
128: Receiving and filing the Monthly Financial Analysis for eight months ended February 29,
1996, as presented bythe Finance Director.
124: Awarding the contract to the lowest responsible bidder, Truesdell Corporation, in the amount
of $33,028 for Convention Center Car Park No. 1 Rehabilitation Phase II; and in the event said Iow
bidder fails to comply with the terms of the award, awarding the contract to the second Iow bidder,
as well as waiving any irregularities in the bids of beth the Iow and second Iow bidders.
176: RESOLUTION NO. 96R-47: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS
AND SERVICE EASEMENTS, AND SETTING A DATE AND TIME TO CONSIDER ABANDONING
THAT CERTAIN EASEMENT FOR INGRESS AND EGRESS PURPOSES LOCATED
GENERALLY WEST OF TALT AVENUE AND NORTH OF WINSTON ROAD (ABANDONMENT
NO. 96-1A). (Suggested public hearing date: May7, 1996 at 6:00 p.m.)
A5.
123: Approving an ,~greement with Chicago 'F~le Company for title services to be provided to the
C~, as administered by the Public Works Department.
A6.
170: Approving the Subdivision Agreement of Parcel Map No. 92-240 with John Phillip Holland and
Adele Holland. Said parcel is located at 1133 and 1137 Ebeny Lane.
A7.
170: Approving the Final Map of Tract No. 15129, and the Subdivision Agreement with Shea
Homes Limited Partnership, and authorizing the Mayor and City Clerk to execute the Agreement.
Tract No. 15129 is located at the northeast comer of Running Springs Drive and Oak Canyon Drive
in Development Area 204 of the Summit, and is filed in conjunction with Specific Plan No. 88-2.
AS.
170: Approving the Final Map of Tract No. 15144, and the Subdivision Agreement with Shea
Homes Umited Partnership, and authorizing the Mayor and City Clerk to execute the Agreement.
Tract No. 15144 is located east of Running Springs Drive (west side of Tract 15074) and north of
Oak Canyon Drive in Development Area 204 of the Summit, and is filed in conjunction with Specific
Plan No. 88-2.
Council Member Zemel. He has a potential future conflict on this item and, therefore, is abstaining from
voting.
A9.
170: Approving the Final Map of Tract No. 15122, and the Subdivision Agreement with Shea
Homes L.Jmited Partnership, and authorizing the Mayor and City Clerk to execute the Agreement.
Tract No. 15122 is located on the east side of Running Springs Drive and north of Oak Canyon
Drive in Development Area 204 of the Summit, and is filed in conjunction with Specific Plan No. 88-
2.
Council Member Zemel. He has a potential future conflict on this item and, therefore, is abstaining from
voting.
Al0. 105: Receiving and tiling minutes of the Private Industry Council meeting held February 22, 1996.
All.
123: Approving an Agraement with the Southern Califomia Regional Rail Authority to reimburse
the City of Anaheim for the operation of rail feeder service from the Anaheim Stadium, Orange, and
soon-to-be constructed Anaheim Canyon Business Center Metrolink Commuter Rail stations.
6
CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES APRIL 9, 1996
A12.
123: Approving a Reimbursement Agreement between the City of Anaheim and the Walt Disney
Company for the reimbursement costs for the West/Manchester and Freedman/Anaheim I-5 HOV
Ramps and Under crossing as such costs are billed to the City, in accordance with State/City
Cooperative Agreements for construction.
A13.
123: Approving the Purchase and Sale ,~oreement with Joseph Kung et al., for the sale of a
porlJon of Old Santa Ant Canyon Road located west of Imperial Highway; and authorizing the Real
Proparb/Section to open an escrow for the sale of the property pursuant to Section 1222 of the City
Charter.
A14. 123: Approving Program Supplement No. 015 with the Califomia Department of Transportation for
the Anaheim Boulevard/Ball Road intersection project.
A15.
123: Approving and authorizing the Mayor and City Clerk to execute Caltrans District A~reement
Numbers 12-254, 12-256, 12-261, 12-263, 12-265, 12-267 and 12-271 for structure and wall
aesthetic enhancements on the I-5 Freeway widening project.
A16.
160: Accepting the Iow bid of Garments to Go., in an amount not to exceed $25,000 for work
garments (for Stadium and Convention Center) as required for the period of July 1, 1996 through
June 30, 1997, in accordance with Bid #5507.
Council Member Feldhaus. He questioned if at the end of October there is going to be a change at
Anaheim Stadium, why it would be necessary to spend the $25,000 on this item.
City Manager Ruth. The contract is not-to-exceed $25,000. The uniforms will not be purchased if they are
not needed which they will know after the final negotiations with Disney and the Angels.
A17.
160: Accepting the Iow bid of Owl Protection, Inc., in an amount not to exceed $55,182 for the
purchase and installation of a burglar and fire alarm system at City Halls East and West, and
twelve other City facilities, in accordance with Bid f1~495.
A18. 160: Accepting the Iow bid of Vista Murrieta Corporation, in the amount of $474,070 for one
complete reverse osmosis system, in accordance with Bid #5452. (Utilities Turbine Peaking Plant)
A19.
160: Authorizing the Purchasing Agent to issue a Purchase Order to Anacomp, Inc., in an amount
not to exceed $30,000 for a period of one year beginning July 1,1996, for microfiche services, in
accordance with Bid #5225.
160: Authorizing the Purchasing Agent to issue a Change Order to Hell-Dyne, Division of National
AJrmotive, and Hell-Mart, Inc., in an aggregate amount notto exceed $80,000 for helicopter
replacement parts, as required for the period July 1, 1996 through June 30, 1997, with the option to
renew for an additional year, in accordance with Bid #5377.
123: Authorizing a First Amendment to an Agreement with GTE Customer Networks, to extend the
Agreement for a period of up to three months for telephone maintenance and repair for the
Stadium, in accordance with Bid #5115.
Council Member Feldhaus. He can see where it is OK to extend the period under this agreement, but in
view of the circumstances, staff should probably not be spending a lot of time preparing specitications or on
maintenance.
7
CITY OF ANAHEIM CALIFORNIA COUNCIL MINUTES APRIL 1996
C~ Manager Ruth. This would be done in conjunction with the Stadium and the Angels to be certain it fits
their needs.
Council Member Tait. He has a potential possible conflict on this item and will, therefore, be abstaining
from voting
184: Reviewing the need for continuing the Ninth Proclamation of the E~istence of a Local
Emergency issued by the Director of Emergency Services on January 2, 1996, concerning the
Santiago Landslide and Pegasus Landslide in the City of Anaheim; and taking no action to
terminate the local emergency at this time.
A23. 123: Approving a First Amendment to Agreement with ASM Enterprises to exercise ASM's renewal
op~on to continue to provide fond and beverage sen~ice at the H.G. "Dad" Miller Golf Course.
113: RESOLUTION NO. 96R-48: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN
TWO YEARS OLD. (POLICE DEPARTMENT, CRIMINAL JUSTICE PLANNING GRANT
RECORDS.)
123: Authorizing the acceptance of the Anaheim Canyon Commuter Rail Station Easement
Agreement with Catallus Development Corporation and approve the following agreements, in
substantially the form submitted:
Cooperative Al;Ireement with the Orange County Transportation Authority.
Anaheim Canyon Commuter Rail Station Easement Agreement with Catellus Development
Corporation.
Council Member Tsit. He has a potential possible conflict on this item and will, therefore, be abstaining
from voting.
153: Authorizing full time City of Anaheim Employees to parlicipate in a one-time accrued vacation
buy-out, to provide a cash donation to an employee of the Utilities Department who is currently on
leave-without-pay pending the 30-day elimination period for STD benefits.
A27.
123: Approving the Assignment of Rights Under Written Contract (Assignment) in four
reimbursement agreements from BHL Investments, Inc., as follows: (1) One to Dale L.
Schwarzhoff - Park~iew Pump Station I1, (2) One to Bertha Wette Cook - Tract 10972, and (3) Two
to the Pacific Bank National Association - Twin Peaks & Serrano Reservoirs.
139: Approving the recommended positions on the following State and Federal legislative
proposals, and authorizing communication of the approved pos~ion to the appropriate
representatives in Sacramento and Washington, D.C.:
OPPOSE - SB 1896 (Costa) regarding the elimination of telecommunications right-of-
wayflranchise fees to local agencies.
B. SUPPORT - AB 2828 (Sweeney) regarding property tax reimbursement to local agencies.
C. OPPOSE - AB 2940 and AB 3306 (Brulte) regarding electric utility restructuring.
SUPPORT - AB 3352 (Weggeland/Aguiar) regarding a $100 million bond on the
November, 1996 ballot to provide local government infrastructure financing.
8
CITY OF ANAHEIM CALIFORNIA COUNCIL MINUTES APRIL 1996
SUPPORT - SB 1550 (Lewis) regarding bank and corporation tax imposition on trade
show.
SUPPORT - AB 2281 (Aguiar) regarding prevailing wages as it relates to the definition of
"public works".
SUPPORT - the Federal Gang violence Act of 1996 (Feinstein) regarding increased
federal penalties for gang related crimes.
SUPPORT - S. 1607 (Feinstein), the Methamphetamine Control Act of 1996, which would
increase penalties for possession of chemicals with intent to manufacture
methamphetamine and possession of paraphernalia.
SUPPORT - HR 2703 (McCollum, R-FL) regarding anti-terrorist training grants for local fire
righter and emergency services personnel.
Council Member Zemel. He has not had an opportunity to go through each of these items and is hoping it
is possible to continue them to provide that opportunibj.
Kristine Thalman, Intergovernmental Relations Manager. All of the State legislative issues are up for
hearing as soon as tomorrow and through next week. This is a busy time in Sacramento. On the Federal
issues (Items G., H. and I), those have not been set for hearing as yet.
MOTION: Council discussion followed relative to a possible continuance on the State items or other
alternatives, at the conclusion of which Mayor Daly moved that the Council act on the State items adopting
the staff recommended positions as indicated under Items A. through F., beth inclusive, and continuing the
Federal issues, Items G., H. and I. for one week. Council Member Lopoz seconded the motion.
Before a vote was taken, Council Member Tait stated he had some questions relative to Item C.; Mrs.
Thalman then briefed the implications of that item.
Council Member Tait stated he still did not feel comfortable voting for that particular item and, therofora,
would abstain on Item C. only.
A vote was then taken on the foregoing motion. Council Member Tait abstained on Item C. MOTION
CARRIED on Items A. through F. (G., H. and I. continued one week)
A29. 114: Approving minutes of the Anaheim City Council meetings held March 12, 1996, and March
19, 1996.
Roll Call Vote on Resolution Nos. 96R-47 and 96R-48, both inclusive, for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 96R-47 and 96R-48, beth inclusive, duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED. Council Member Zemel abstained on Item A8
and A9. Council Member Tait abstained on item A21 and A25.
9
CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES APRIL 1996
A30. 105 - BUDGET ADVISORY COMMISSION - FILLING AN UNSCHEDULED VACANCY DUE TO A
~Submittad was letter dated February 3, 1996 from Kathryn Freshley resigning from the
Budget Advisory Commission for business reasons. (Term expires June 30, 1998).
MOTION: Mayor Daly moved to accept the resignation of Kathryn Freshley from the Budget Advisory
Commission with regret. Council Member Zemel seconded the motion. MOTION CARRIED.
City Clerk Sohl reported that the Budget Advisory Commission has a requirement that four of ils seven
members must be Anaheim residents. There are already four residents on the Commission so this
appointment could be either an Anaheim resident or non-resident.
Mayor Daly. He referred to letter dated February 14, 1996 from Charles Ahlers, President of the
Anaheim/Orange County Visitor and Convention Bureau recommending the appointment of Bill O'Connell
to the Commission noting that Mr. O'Connell is the currant Chairman of the V&CB. He thereupon
nominated Mr. O'Connell to the Budget Advisory Commission.
MOTION: Council Member Zemel moved that nominations be closed. Council Member Tait seconded the
motion. MOTION CARRIED.
MOTION: Mayor Daly moved to appoint Bill O'Connell to the Budget Advisory Commission for the term
expiring June 30, 1998. Council Member Feldhaus seconded the motion. MOTION CARRIED.
ITEM B1 FROM THE ZONING ADMINISTRATOR MEETING OF MARCH 28. 1996:
DECISION DATE: APRIL 4. 1996 INFORMATION ONLY - APPEAL PERIOD ENDS APRIL 15.
1996
BI.
179: SPECIAL CIRCUMSTANCE WAIVER NO. 96-04:
REQUESTED BY: THE REGISTER CHARITIES
LOCATION: 1551 South Douelass Road.
The Register Charities requests approval of a Special Circumstance Waiver in order to conduct two
1-day antique and collectibles charity sales at 1551 South Douglass Road.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Special Circumstance Waiver No. 96-04 APPROVED.
END OF THE ZONING ADMINISTRATOR ITEMS.
B2. and 83. 179: ORDINANCE NO. S559 AND ORDINANCE NO. 5560 (FOR ADOPTION}:
Ordinance No. 5559 an Ordinance of the C~ of Anaheim amending Sections 18.03.050, 18.03.060 and
18.93.050 of, and adding Sec'don 18.93.090 to, Chapters 18.03 and 18.93, respectively, of TitJe 18 of the
Anaheim Municipal Code relating to General and Specific Plans. (introduced at the meeting of March 26,
1996, Item B7.)
Ordinance No. 5560 an Ordinance of the City of Anahaim amending Title 18 to rezone property under
Reclassification No. 95-96-03 located at 401-411 North Anaheim Boulevard from the CG zone to the CL
zone. (Introduced atthe meeting of March 26, 1996, Item B13.)
10
CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES APRIL 9, 1996
Mayor Daly offered Ordinance No. 5559 and Ordinance No.5560 for adoption. Refer to Ordinance Book.
ORDINANCE NO. 5559: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS
18.03.050, 18.03.060 AND 18.93.050 OF, AND ADDING SECTION 18.93.090 TO, CHAPTERS
18.03 AND 18.93, RESPECTIVELY, OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO GENERAL AND SPECIFIC PLANS.
ORDINANCE NO. 5560: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE
ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE TO REZONE
PROPERTY UNDER RECLASSIFICATION NO. 95-96-03 LOCATED AT 401-411 NORTH
ANAHEIM BOULEVARD FROM THE CG ZONE TO THE CL ZONE.
Roll Call Vote on Ordinance Nos. 5589 and 8560, for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Ordinance Nos. 5559 and 5560, duly passed and adopted.
179: ORDINANCE NO. 5561: (INTRODUCTION~ Amending T~tle 18 to rezone property under
Reclassiitcation No. 94-95-09 located at 301 South Anaheim Boulevard from the CG zone to the
CL zone.
Mayor Daly offered Ordinance No. 5561 for first reading.
ORDINANCE NO. 5561: (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 94-95-09
LOCATED AT 301 SOUTH ANAHEIM BOULEVARD FROM THE CG ZONE TO THE CL ZONE.
BS. 179: RECOMMENDATION OF HEARING OFFICER RELATING TO APPEAL OF PLANNING
COMMISSION DECISION TERMINATING CONDITIONAL USE PERMIT NOS. 1082 AND 3422
(SWEETWATER SALOON):
Adopting the Findings of Fact submitted by the Hearing Officer, Victor J~ Kaleta, Esq., for the
reasons stated herein:
1) Denying the appeal as to Conditional Use Permit. No 1082, revoking Conditional Use Permit No.
1082 and declaring that Planning Commission Resolution No. PC68-372 be declared null and void;
and
2) Granting the appeal as to Conditional Use Permit No. 3422, and modifying Conditional Use
permit no. 3422, subject to the conditions of approval in said Resolution.
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CITY OF ANAHEIM CALIFORNIA COUNCIL MINUTES APRIL 1996
Submitted was report dat~l Mamh 29, 1996 from the Cib/Attorney recommending that unless the City
Council reaches a contrary conclusion based upon the Administrative Record submitted by the Hearing
Officer, that the Council adopt the Findings of Fact submitted by the Hearing Officer as indicated above.
Mayor Dab/asked the City Attorney to summarize the findings of the Hearing Officer and describe the
impact of the recommendation.
Cb Attorney White. This matter is brought to the Council following a hearing by both the Planning
Commission and then on an appeal, to a Hearing Officer. Tonight the Council is to determine whether to
sustain, reject or modify the recommendafion of the Hearing Officer which is in two parts. The first would
be to deny the appeal that was filed as to the Planning Commission reviewing Conditional Use Permit 1082.
That C.U.P. was originally granted many years ago to allow beer and wine incidental to a restaurant
opersfion and is duplicative of a C.U.P. that was later granted. C.U.P. 3422 allows full alcohol sales in
conjunclion with and incidental to a restaurant operafion. The Headng Officer with regard to C.U.P. 3422 is
recommending the Council modifl/conditions to provide that any future sales of alcohol at that Iocafion
would have to be in conjunction with a bonafide, full-service restaurant and the conditions being
recommended are to lighten up the restrictions on the use of that property to assure it would be used as a
full-sen, ice restaurant. The Council has a proposed resolution that would accomplish that and
accompanies the transcript of the hearing in front of the Hearing Officer. He clarified for the Mayor that staff
concurs with the recommendafion of the Headng Officer.
Mayor Dab/asked who is going to insure compliance and at whose expense.
City Attorney White. Compliance is going to be monitored in the way all zoning permits are monitored with
Code Enforcement perindically visiting the establishment. There is an interest by residents in the area as
well as the church that is in the vicinity. If there is non-compliance, he feels the Cib/would be informed
promptly. The intenfion of the owner is to operate this as a legitimate restaurant whereas it was previously
being operated ss a 'bikini bar". If there is non-compliance, the process would be to revoke the permit.
Mayor Dab/. He asked if there is a way for the inspection process to be funded by the restaurant based on
the track record of the business in the recent past which has been non-compliance.
City Attomey White. it is the same owner who leased it to the operator of the bar. The owner has actually
evicted the operator which is why the business is no longer in operation. He clarified that the owner is the
holder of the proposed revised C.U.P. which goes with the property. On rare occasions, they have tried to
craft conditions to provide payment of the cost of monitoring to be paid by the permit holder. That was not
recommended in this case.
Joel Fick, Planning Director. There is a condition that works towards addressing the concerns expressed.
There is an item that provides for Code Enforcement staff to be permitted to inspect the subject site bi-
monthly for up to one year frm the date of the Council resolution and on a complaint basis thereafter. The
pefiUoner is obligated to pay for the cost of the inspection. Actually, on an inspection basis, there is a
provision for that not to be borne by the City but by the operator; City Attorney White. It is proposed
Condition #18 of the resolulJofl, page 6.
Mayor Daly. He feels that one year wherein Code Enforcement costs are reimbursable is sufficient.
Council Member Lopez. He asked staff if they are going to inspect the business before they open up again
to assure that they have removed some of the things that caused it to be what it was before it closed.
John Poole, Code Enforcement Manager. The properb/owner has already removed a lot of things. He
reiterated that the business is closed and Code Enforcement will inspect the business before it reopens.
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CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES APRIL 9, 1996
The owner of the property has been very cooperative throughout this matter. He (Poole) feels they are
going to have e legitimate and good business there in the future.
Mayor Daly offered Resolution No. 96R-49 for adoption.
RESOLUTION NO. 96R-49: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING THE FINDINGS OF FACT AND RECOMMENDATIONS OF HEARING
OFFICER REVOKING CONDITIONAL USE PERMIT NO. 1082 AND MODIFYING CONDITIONAL
USE PERMIT NO. 3422.
Roll Call vote on Resolution No. 96R-49 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 96R-49 duly passed and adopted.
C1. 114: COUNCIL COMMENTS:
There were no council comments.
C2. 112: REPORT ON CLOSED SESSION ACTIONS:
City Attorney White reported that the Council unanimously ratified the ballot accepting and approving the
amended plan for reorganization of the Grand Hotel Associates, d.b.a. Grand Hotel, and authorizing the
City Attorney to sign and execute the ballot on behalf of the City (re: Grand Hotel Bankruptcy).
ADJOURNMENT: By general Council consent, the Council Meeting of April 9, 1996 wes adjourned (6:15
LEONORA N. SOHL
CITY CLERK
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