1994/04/12City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 12, 1994 - 5:00 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Feldhaus, Simpson, Hunter, Daly
COUNCIL MEMBERS: Pickler
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
ASSISTANT CITY CLERK: Ann M. Sauvageau
FIRE CHIEF: Jeff Bowman
PLANNING DIRECTOR: Joel Fick
ZONING ADMINISTRATOR: Annika Santalahti
ZONING DIVISION MANAGER: Greg Hastings
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 1:20 p.m. on April 8, 1994 at the Civic Center kiosk, containing all
items as shown herein.
Mayor Daly called the workshop portion of the meeting of April 12, 1994 to
order at 3:09 p.m.
129: NORTH NET FIRE COMMUNICATIONS CENTER STAFFING:
Fire Chief Jeff Bowman. He referred to his staff report previously submitted
to the Council dated December 21, 1993. Recommendations at the time were to
move the Fire Training Center to City Hall West, assuming management of the
North Net Facility from the City of Orange and most importantly consideration
of the staffing for the center. In 1989, they formed a committee among the
Fire Departments to research the issues related to the computer aided dispatch
and records management system made up of the Fire Departments of Anaheim,
Garden Grove, Orange, Fullerton and Buena Park. Before addressing the
staffing issue, Chief Bowman briefed the Council on the systems in place on
the equipment side. They ultimately selected three vendors to provide the
equipment - DEC (Digital Equipment), Keystone and Apple Computer.
Relative to staffing, the general direction received months ago was to
evaluate options for staffing the communications center. The Communications
Director, they believed, and the City Manager concurred, should be a Fire
Department employee to ensure adequate command and control and that the
Secretary position should also be a City employee recognized by the City and
the Anaheim Municipal Employee's Association (AMEA). They were encouraging
that they become City of Anaheim employees but also talked about looking at
contract labor for staffing the center. During the research to determine
whether there were vendors in the business world who would like to offer those
services, they found a very competent and talented group called ESI
(Employment Services Incorporated). He and his staff have worked with them
and the other members of the Fire agencies involved to look at what it would
cost to staff a facility using non-City employees. The staff report submitted
showed the cost analysis. Chief Bowman then explained the extensive process
used in evaluating the options of utilizing contract options as opposed to
using City employees, the positives and negatives of each option and weighing
those options carefully.
After Chief Bowman's extensive presentation and explanation, he recommended
that the City Council authorize the hiring of 18 Anaheim employees to staff
the North Net Communications Center. Minimally, he would like Council
approval to establish classifications for the Communications Manager and the
Secretary. It is extremely important the manager position be filled
immediately. That person is. also going to help establish hours of work for
the dispatch center. They would like to make it reflect more closely what is
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happening in the Police Department Dispatch Center. Ail five fire chiefs of
the cities involved including Buena Park have requested that the Council hire
these over as City employees. Buena Park still has not committed to be a part
of the system and the numbers before the Council today do not include Buena
Park. If they continue to stay, the numbers will be reduced by approximately
9%.
Questions were then posed by Council Members. Mayor Daly referred to the data
previously submitted where it showed ESI vs. the recommended proposal. He
asked how the recommended proposal, the cost to City Government, compared with
the previous cost to City Government under the old Joint Powers Authority
system.
Chief Bowman. It is very equivalent and, in fact, there would not be any cost
increase at all had they just taken over the same numbers they had in the City
of Orange. There is one issue. When Orange managed the facility, they
received a 12% overhead cost for administering the agency. That overhead cost
would transfer to Anaheim. The cost to Orange would go up and Anaheim's cost
would go down. He also explained that there would be a slight decrease in
wages for the current North Net Dispatchers. If they come over, that will be
an issue that will have to be discussed. The benefits will be roughly
equivalent.
City Manager Ruth, answering Council Member Simpson, explained that Item A33
on today's agenda will not be necessary if Council decides to implement the
program through the City. If they privatize under Item A30, then both would
be necessary. If the decision of the City Council ultimately is to maintain
the service in-house through City staff, it would not require any action on
A33 this evening but only on A30.
Additional questions were then answered by Chief Bowman relative to savings,
the significant cost of turnover and training new dispatchers, indemnification
issues, etc.
At the conclusion of discussion and questioning, Mayor Daly stated the Chief's
proposal is very well reasoned and very thorough. He should be commended for
a very solid package. He recognizes that there are issues which still need to
be dealt with in terms of attracting other cities. He asked again for
clarification that if the Council tonight approves both of the resolutions
under Item A30 that Item A33 can be deleted and with the salary issue come
back at a later date.
City Manager Ruth. He confirmed that was correct and that they will be
sitting down with the AMEA to discuss some of these issues in Closed Session.
RECESS - CLOSED SESSION: City Attorney 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:
1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (a) - EXISTING LITIGATION
Name of case: Golden West Baseball Company v. City of Anaheim,
Orange County Superior Court Case No. 40-92-46; and Anaheim
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Stadium Associates v. City of Anaheim, Orange County Superior
Court Case No. 44-81-74.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: 2327 West Lincoln Avenue, Anaheim California
Negotiating Parties: Los Angeles Rams Football Co., Inc.
Under Negotiation: Terms of sublease
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: 1501 and 1551 South Douglass Road, Anaheim
Negotiating Parties: Herbert P. Douglass and Eleanor C.
Douglass, Trustees; and Herbert P. Douglass and Theodore R.
Douglass, Trustees.
Under Negotiation: Terms of Lease
4e
CONFERENCE WITH LABOR NEGOTIATOR
Agency Negotiator: David Hill, Robert Millman
Employee Organization: International Brotherhood of Electrical
Workers, Local 47
CONFERENCE WITH LABOR NEGOTIATOR
Agency Negotiator: David Hill
Employee Organization: Anaheim Fire Association
RECESS: Council Member Simpson moved to recess into Closed Session.
Member Hunter seconded the motion. Council Member Pickler was absent.
CARRIED. (3:37 p.m.)
Council
MOTION
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present with the exception of Council Member Pickler, and welcomed those
in attendance to the Council meeting. (5:16 p.m.)
INVOCATION: Pastor Tom Mosley, Sunkist Baptist Church, gave the invocation.
FLAG SALUTE: Council Member Bob Simpson led the assembly in the Pledge of
Allegiance to the Flag.
119: PRESENTATION - AWARDS FOR POSTER CONTEST - "MAKE YOUR MARK ON THE WORLD,
NOT ON A WALL":
Mrs. Carolyn Griebe, Consultant, Anti-graffiti program and Richard LaRochelle,
Code Enforcement Supervisor introduced the winners of the subject contest and
presented them with certificates. The winners were as follows, one from each
of the City's elementary schools:
Mayra Muniz, Gabriela Zamora, Lauren Pauline Volkker,
Patricia Valdovinos, Alex Duong, Guillermo Gudino, Carlos Moreno,
Stefan Robichaux, Angie Paredes, Jessica Clark, Carlos Sotelo, Juan
Saldana, Chau Nguyen, Shannon Miller and Erin Craton.
The grand prize winners award also included admissions to Disneyland.
Mayor Daly and Council Members congratulated each of the winners who were
present.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was
unanimously adopted by the City Council recognizing Kaiser Permanente for
their donation of $25,000 to fund a "Kids in Action" site at Riverdale Park.
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Chris Jarvi, Director of Parks, Recreation and Community Services introduced
Judy Malouf, Assistant Medical Group Administrator of Kaiser accompanied by
several children from the Riverdale program.
Mayor Daly and Council Members personally thanked Ms. Malouf and Kaiser
Permanente for their generous donation and contributing to the quality of life
for the children of the community.
119: DECLARATION OF CONGRATULATIONS: A Declaration of Congratulations was
unanimously adopted by the City Council and presented to Gerald Hill on the
occasion of his retirement from the City after more than 35 years of dedicated
service in the City's Maintenance Department.
Mr. Hill was personally commended by the Mayor and Council Members who thanked
him on behalf of the City and citizens of Anaheim for his many years of
service.
119: PROCLAMATION: The following proclamation was issued by Mayor Daly and
authorized by the City Council:
Recognizing April 17, 1994, as Anaheim First Christian Church Day
in celebration of their 100th anniversary
Pastor Bob Kuest accepted the proclamation.
119: THE FOLLOWING WERE RECOGNITIONS AUTHORIZED BY THE CITY COUNCIL THIS DATE
TO BE MAILED OR PRESENTED AT ANOTHER TIME:
Recognizing April 16, 1994, as The Knights of Col~hus Day of Sharing
Recognizing April 18-24, 1994 as The Week of the Young Child
Designating April 17, 1994, "Let's Make A Difference" day in Anaheim, calling
attention to the importance of citizen participation and involvement in
environmental programs.
Recognizing Roger Strickland, a retiring City employee with 31 years of
dedicated service to the City of Anaheim.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,388,679.76 for the
period ending March 28, 1994; $3,954,922.75 for the period ending April 4,
1994 and $5,284,921.10 for the period ending April 11, 1994, in accordance
with the 1993-94 Budget, were approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (5:34 p.m.)
Mayor Daly reconvened the City Council meeting. (5:53 p.m.)
ADDITIONS TO THE AGENDA: There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
Mr. Morris Miller, 265 N. Ave Segores, Anaheim. He expressed his concern
about rising cable TV rates as well as the programs on television that are not
only unsuitable for adults but a real detriment to children; Mayor Daly
recommended that Mr. Miller be present when the Council again discusses cable
tv rates scheduled for Tuesday, June 14, 1994. Staff is preparing a report on
the rates and the City's power over those rates which will be discussed at
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City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 12, 1994 - 5=00 P.M
that time. The Council will also ask the City Attorney what the legal
parameters are regarding his (Miller's) concern regarding the type of
programming being aired.
George Maclaren, 323 S. Indiana Street, Anaheim. He expressed his concern
over what he calls the invasion of tree trimmers every spring into their
neighborhoods and what he feels is the "butchering" of their trees. Last
Friday, a private contractor skeletonized his 25 year old elm when he wag not
home. He then invited the Council to drive the three blocks of South Indiana
to see how trimmers have given their elms grotesque shapes. The City recently
received an award from the State on its tree program. He questioned why spend
thousands planting trees if they are going to hire people who do not know how
to trim them.
Mayor Daly suggested that Mr. Maclaren talk to Chris Jarv£, Director of Parks,
Recreation and Community Services relative to the parkway trees. Perhaps
Mr. Maclaren can work with City staff to work out a better system of pruning
and getting all the trees to match.
Ron Bengochea. He submitted a letter dated April 11, 1994 (made a part of the
record) which he briefed which referred to his presentation to the Council on
October 26, 1993 wherein he gave figures questioning the dollar amount of
savings relative to the contracting out of the Water Meter Shop (see minutes
of October 26, 1993). Attached to the letter was an ad from a journal
(A.W.W.A.) of March, 1994 noting that "the operating costs of our City's water
meter shop dropped 52%". The ad was referring to Anaheim. Mr. Bengochea
stated that the 52% is a "bogus" figure and his letter goes on to question the
ad, why the City is doing a "commercial" for private contractors and certainly
the percentage savings quoted.
Mayor Daly. With the approval of the Council, he will ask the City Manager to
evaluate the ad for its appropriateness and to report back to the Council.
Ron Bengochea. He referred to a recent newspaper article about the potential
payoff relative to the IBEW winning in arbitration in the amount of $600,000.
He is affiliated with the union and feels sometimes theyget a "bad shot".
Back in June of 1992, they tried to meet with the City to deal with the issue
at the bargaining table. Through bad advice or whatever, the Council chose to
proceed. The union came in with grievances and went through the proper
procedure trying to get it stopped requesting the City to go back to the
bargaining table relative to standby crews. It did not work and now the
arbitrator has made a ruling. He feels the matter could have been resolved a
lot quieter and cheaper and regrets that it came to this point.
PUBLIC COMMENTS - AGENDA ITEMS: Public input received on Items A29, A30, A32,
A34, A41 and A42 (see discussion under those items).
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City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 12, 1994 - 5:00 P.M.
MOTION: Council Member Daly moved to waive reading in full of all ordinances
and resolutions to be acted upon for the Council meeting of April 12, 1994.
Council Member Simpson seconded the motion. Council Member Pickler was
absent. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member
Hunter, seconded by Council Member Simpson, the following items were approved
in accordance with the reports, certifications and recommendations furnished
each Council Member and as listed on the Consent Calendar; Council Member
Hunter offered Resolution Nos. 94R-42 through 94R-58, both inclusive, for
adoption and offered Resolution No. 94R-60 for adoption. Council Member
Hunter offered Ordinance No. 5421 for introduction. Council Member Pickler
was absent. 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 Managements
a. Claim submitted by Vu-Color, Inc., attn: Ron Smailwood, for property
damage sustained purportedly due to actions of the City on or about
February 14, 1994.
b. Claim submitted by Lois K. Hall for property damage sustained
purportedly due to actions of the City on or about February 16, 1994.
c. Claim submitted by Ron Tomita, c/o Thomas N. Luebke, esq., for bodily
injury sustained purportedly due to actions of the City on or about
January 19, 1994.
d. Claim submitted by Southern California Gas Company, attn: Barbara
Ygnacio, File No. B-270195-2-MG for property damage sustained purportedly
due to actions of the City on or about November 30, 1993.
e. Claim submitted by Nicholas John Quintana for property damage sustained
purportedly due to actions of the City on or about February 5, 1994.
f. Claim submitted by Charles E. Naughton for property damage sustained
purportedly due to actions of the City on or about February 10, 1994.
g. Claim submitted by Lori Elizabeth Haynie, c/o Myron G. Cohn, esq., for
bodily injury and property damage sustained purportedly due to actions of
the City on or about November 15, 1993.
h. Claim submitted by Myung J. Choi for property damage sustained
purportedly due to actions of the City on or about February 12, 1994.
i. Claim submitted by Lisa D. Bryan for property damage sustained
purportedly due to actions of the City on or about September 10, 1993.
j. Claim submitted by Ruth L. Blackshire for property damage sustained
purportedly due to actions of the City on or about December 27, 1993.
k. Claim submitted by Anaheim Door Company for property damage sustained
purportedly due to actions of the City on or about December 23, 1993.
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City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 12, 1994 - 5:00 P.M.
1. Claim submitted by Graciela Murguia, c/o Jesse Lewis Halpern, esq., for
bodily injury sustained purportedly due to actions of the City on or about
December 22, 1993.
m. Claim submitted by Juan Pablo Angulo, c/o Jesse Lewis Halpern, esq.,
for bodily injury sustained purportedly due to actions of the City on or
about December 22, 1993.
n. Claim submitted by Alejandro Nava Angulo, c/o Jesse Lewis Halpern,
esq., for bodily injury and property damage sustained purportedly due to
actions of the City on or about December 22, 1993.
o. Claim submitted by Julie Phrainer, c/o Debra Schultz, esq., for bodily
injury sustained purportedly due to actions of the City on or about August
5, 1993.
p. Claim submitted by Michael Todd, c/o Debra Schultz, esq., for bodily
injury sustained purportedly due to actions of the City on or about August
5, 1993.
q. Claim submitted by John C. Inman for property damage sustained
purportedly due to actions of the City on or about February 28, 1994.
r. Claim submitted by Jim Francis for property damage sustained
purportedly due to actions of the City on Or about February 3, 1994.
s. Claim submitted by Russell Browning, c/o Ralph G. Martinez, esq., for
bodily injury sustained purportedly due to actions of the City on or about
August 16, 1993.
t. Claim submitted by Armando C. Hernandez for property damage sustained
purportedly due to actions of the City on or about October 7, 1993.
Application for leave to present late claim denied:
a. Application submitted by Robert Arthur Frey, c/o Cathy L. Jensen, esq.,
for bodily injury sustained purportedly due to actions of the City on or
about March 24, 1993.
Claim recommended to be accepted=
a. Claim submitted by Lucio F. Mora for property damage sustained
purportedly due to actions of the City on or about ~ebruary 25, 1994.
A2. 156: Receiving and filing the monthly crime statistics for the month of
February, 1994.
105: Receiving and filing minutes of the Anaheim Private Industry Council
meeting held January 27, 1994.
105: Receiving and filing minutes of the Anaheim Park and Recreation
Commission meeting held February 23, 1994.
105: Receiving and filing minutes of the Anaheim Public Library Board meeting
held February 23, 1994.
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City Hallr Anaheimt California - COUNCIL MINUTES - APRIL 12r 1994 - 5500 P.M.
1405 Receiving and filing the Anaheim Public Library Monthly Statistical
Reports for the months of December, 1993, January, 1994, and February, 1994.
1145 Receiving and filing Resolution No. 8320 from the City of Orange,
supporting the enactment of State legislation authorizing general law cities
to enact term limits.
A3. 150: Awarding the contract to the lowest responsible bidder, Meridian
Pacific Construction, in the amount of $19,750 for Neighborhood Preservation
Area IV Monuments - Broadway from Olive Street to Atchison Street; and waiving
any irregularities in the bid.
A4. 158: Authorizing the Mayor and City Clerk to execute a quitclaim deed to
the City's interest in a portion of Jackson Street, subject to easement
reservations. (Abandonment No. 91-11A.)
A5. 173: RESOLUTION NO. 94R-42: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FACILITIES
FUNDS AND ADOPTING ITS BICYCLE AND/OR PEDESTRIAN FACILITIES PLAN. (Approving
the submittal of SB 821 projects to the Orange County Transportation
Authority.)
A6. 123: Approving an Agreement with LG2WB Engineers, Inc., dba
Transportation Management Services, in an amount not to exceed $115,000 for
the Anaheim Transportation Network Feasibility Study.
A7. 168: RESOLUTION NO. 94R-43: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM RENAMING A PORTION OF HASTER STREET BETWEEN KATELLA AVENUE AND
THE SANTA ANA FREEWAY TO ANAHEIM BOULEVARD.
A8. 123: Approving the Downtown Anaheim Telecenter Agreement by and between
the City of Anaheim, the Anaheim Redevelopment Agency, and URO Investments.
Council Member Feldhaus abstained on this item on the basis of a conflict of
interest.
A9. 158: RESOLUTION NO. 94R-44: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTIES OR INTERESTS THEREIN.
AiO. 160: Accepting the bid of Civic Helicopter Parts, in the amount of
$38,000 for one main rotor hub assembly, in accordance with Bid #5234.
All. 160: Accepting the low bid of West-Lite Supply Company, in the amount
of $181,436 for 1,600 70-watt H.P.S. fixtures; 400 150-watt H.P.S. flood light
fixtures, and 800 150-watt H.P.S. wall pack fixtures, in accordance with
Bid $5235.
Al2. 160: Accepting the low bid of Graycon, Inc., in an amount not-to-exceed
$208,993 for the removal and replacement of a centrifugal chiller and concrete
pad in the Hall "B" Chiller room of the Convention Center, in accordance with
Bid $5227.
A13. 160: Waiving Council Policy 306 and accepting the low bid of Case and
Sons Construction, Inc., in the amount of $52,170 for the painting of the
steel structure at Anaheim Stadium, in accordance with Bid $5244.
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A14. 123: Waiving Council Policy 306, and authorizing the execution of an
Agreement with Filenet Corporation, for the period April 1, 1994, through
March 31, 1995, in an amount not to exceed $140,096 for annual maintenance
costs for the Filenet Management System at the Police Department.
Council Member Feldhaus abstained on this item on the basis of a conflict of
interest.
Al5. 123: Waiving Council Policy 306, and authorizing the execution of an
Agreement with Montgomery Elevator, in the amount of $179,000 for modifying
and upgrading the two Main Lobby elevators at Anaheim Stadium.
Al6. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order to American Seating Corporation, in the amount of
$181,339.44 for 2,424 new field level seats at Anaheim Stadium.
Al7. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent
to issue a Purchase Order to Homac Company c/o Inquip Sales, in an amount not
to exceed $50,000 for fourteen types of electrical connectors and parts for
Warehouse inventory stock.
Al8. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order to Doble Engineering Company c/o Young and Company, in
the amount of $18,915 for one TR-3100 Digital Circuit Breaker Test System.
Al9. 175: Approving Contract Change Order No. 1, in the amount of
$25,712.63, in favor of Pouk and Steinle, Inc., for additional work ranging
from additional service conversions to required time and material work (for
Underground District No. 3).
A20. 123: Approving the First Amendment to Agreement with the law firm of
Ferguson, Praet and Sherman, and authorizing the City Attorney to sign the
First Amendment on behalf of the City of Anaheim.
A21. 123: Approving the terms and conditions of a tolling agreement with
Orange County Sanitation District ~2 (OCSC #2).
118: Authorizing the filing of claims arising from the
Santiago/Pegasus/Burlwood Landslides against Orange County Flood Control
District(OCFD), County of Orange (County), and Metropolitan Water District
(MWD), and in addition, OCSD #2 in the event the City Council does not approve
the terms and conditions of a tolling agreement with OCSD #2.
152: Authorizing the City Attorney to execute, on behalf of the City, future
tolling agreements with OC~D, County, and MWD pertaining to the claims of the
City and those entities arising from the Santiago/Pegasus/Burlwood Landslides.
A22. 184: Ratifying the (Second) Proclamation of the Existence of a Local
Emergency issued by the Director of Emergency Services on January 18, 1994,
concerning damage within the City of Anaheim resulting from the Northridge
Earthquake occurring on January 17, 1994; and taking no action to terminate
the local emergency at this time.
A23. 184: Ratifying the (Fourth) Proclamation of the Existence of a Local
Emergency issued by the Director of Emergency Services on January 19, 1993,
concerning the Santiago Landslide and Pegasus Landslide in the City of
Anaheim; and taking no action to terminate the local emergency at this time.
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A24. 123: Approving the Contract Collection Processing agreement with
Wynwood Agency of California, Inc., for the servicing of loans made under the
City's Property Rehabilitation Low Interest Loan Program.
A25.
106: Amending the 1993-94 fiscal year budget to:
1) Increase revenue and expenditures in 235-411 by $785,748, 2) Reduce
revenue and expenditures in 235-101 by $920, 3) Increase revenues and
expenditures in 235-102 by $10,432; 4) Increase revenues and
expenditures in 235-103 by $10,906, 5) Reduce revenues and expenditures
in 235-208 by $16,750, 6) Reduce revenues and expenditures in 235-213 by
$196,813, 7) Increase revenues and expenditures in 235-309 by $38,014,
8) Increase revenues and expenditures in 235-412 by $354,653, 9)
Increase revenues and expenditures in 235-418 by $7,781, and 10)
Increase revenues and expenditures in 707-411 by $200,000.
A26. 116: Approving the selection of SUTECH and California State University
Long Beach - Continuing Engineering Education as additional JTPA training
vendors for program year 1993-94, and authorizing the JTP Manager to execute
the necessary subcontract agreements and modifications thereto.
A27. 123: RESOLUTION NO. 94R-60: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE 1994 JOB TRAINING PARTNERSHIP ACT TITLE II-B
SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM SUBGRANT AGREEMENT BETWEEN THE
CITY OF ANAHEIM AND THE STATE OF CALIFORNIA. (Subgrant No. G402902)
A28. 123: Approving a Cooperative Agr.eement with the California State
Department of Education (SDE), in the amount of $75,000, for the period of
July 1, 1993 through June 30, 1994, and
123: Approving the selection of the North Orange County Community College
District (NOCCCD), for an amount of $66,428, to provide training of women in
non-traditional employment career paths; and authorizing the JTP Manager to
execute the necessary subcontract agreement and any modifications thereto.
A29. 153: Authorizing full-time City of Anaheim Employees to participate in
a one-time accrued vacation buy-out, to provide a cash donation to an employee
of the Parks, Recreation and Community Services Department whose home was
destroyed by fire.
Sharon Ericson, President, AMEA. Relative to this item, she wants to
emphasize the fact that assistance is needed for the family of
Rose Gasca-Lopez who lost everything in a recent fire and had no insurance.
She thanked on behalf of Rose and her family all those who have come forward
with personal checks, cash and other donations. Those who would like to
donate vacation time should contact either the AMEA office or the Parks and
Recreation Department.
A30. 153: RESOLUTION NO. 94R-45: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR CLASSIFICATIONS
ASSIGNED TO THE CLERICAL UNIT REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES
ASSOCIATION. (Creating the classifications for Fire Dispatcher I, Fire
Dispatcher II, and Lead Fire Dispatcher effective April 8, 1994.)
153: RESOLUTION NO. 94R-46: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 92R-21 WHICH ESTABLISHED RATES OF COMPENSATION
FOR CLASSIFICATIONS DESIGNATED AS MIDDLE MANAGEMENT. (Adding the
classification Fire Communications Manager effective April 8, 1994).
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City Hallr Anaheim, Californi& - COUNCIL MINUTES - APRIL 12, 1994 - 5~00 P.M.
Kevin C. Fawley, 743 N. Resh Street. He is speaking in favor of this item and
the hiring of North Net Fire Dispatchers. They have already heard various
arguments in support. He then elaborated on the reasons why he and his wife,
both public school teachers, want the Council to vote in favor of the
proposal. As a professional himself, he expects professionalism in City
services. He does not want to see a downsized, nickel and dime operation but
wants the City to move forward into the 21st Century. He is asking for their
leadership by approving the resolution which will 8end a clear signal that
Anaheim is the leading City of Orange County.
Sharon Ericson, President, AMEA. AMEA had a great deal to say about this but
after the Fire Chief's presentation at the workshop this afternoon, he said it
all. She did want to emphasize it is difficult to stand up and say, bring on
16 or 18 new employees when AMEA has lost at least 200 positions over the last
two to three years. In this case, she feels it is crucial to have these
employees. She also represents the Police Dispatchers and sat with the people
in North Net for about 3 hours. There was not one call that was "normal" to
her. They need experienced dispatchers. It takes a year to be fully trained
and capable of passing a probation. The Police Dispatchers felt that 6 months
was not enough time to fully train people. Dispatchers are in demand all over
the State. The City is wanting to bring them over and give them less money.
They are happy to have the dispatchers from Orange coming to Anaheim and are
ready to sit down and negotiate with the City for their wages, hours and
working conditions. They are going to try to make sure they keep the pay they
have now.
Coleen Keith, 18782 Tulip Wood, Huntington Beach. She is a supervisor for a
fire dispatch center in Orange County. She is not present representing her
agency but as a telecommunications professional. She was present for the
workshop session. She wanted to add her opinion as a telecommunications
professional about the level of the skills required to do the job. The job is
completely different today than what it was in the past. When they hire
dispatchers, they prefer people who already have experience because there is
so much to learn if they have to start with the basics. It takes a full year
before dispatchers are comfortable with their skills. She encouraged the
Council to make the dispatchers City employees.
Mayor Daly. To clarify the situation relative to the Fire Dispatchers, the
staff recommendation is to bring North Net dispatch employees onto the City
payroll. There will be a negotiation that will take place regarding terms and
conditions.
A31. 153: RESOLUTION NO. 94R-47: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 92R-18, WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS PROFESSIONAL. (Creating the
classification of Re-Employment Services Coordinator, effective April 8,
1994).
A32. 153: RESOLUTION NO. 94R-48: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A MEMORANDUM OF UNDERSTANDING ESTABLISHING TERMS AND
CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE CLASSIFICATIONS ASSIGNED TO THE
GENERAL UNIT REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION.
(Effective April 8, 1994).
177
City Ha11~ Anaheim, California - COUNCIL MINUTES - APRIL 12, 1994 - 5500 P.M
RESOLUTION NO. 94R-49: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING A MEMORANDUM OF UNDERSTANDING ESTABLISHING TERMS AND
CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE CLASSIFICATIONS ASSIGNED TO THE
CLERICAL UNIT REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION.
(Effective April 8, 1994).
Phil Knypstra, 2520 Gelid Avenue, Anaheim. According to his understanding,
these employers will receive a $1,000 flat sum in July of this year and on
February 5, 1995 will receive an across-the-board 4% increase and some minor
changes in vacation and bilingual pay. Compared to what was awarded the
police, it is a modest sum. It is also his understanding that the City is in
a deficit position and when raises are approved, there have to be resources to
pay for those raises. He asked if those resources have been found or if they
are setting up the citizens for a tax' increase. The Council's first
obligation is to the private sector and the citizens. They cannot ignore what
is happening to school districts. School districts are not participating in
raises given to City Government. Somehow the conflict has to be adjudicated.
In his opinion, salaries in cities are going to end up bankrupting some
cities.
City Manager Ruth. Relative to the AMEA agreement, it is a 36-month agreement
- a $1,000 cash payment July 1, 1994 and a 4% base increase. This particular
work unit has taken significant cuts over the last 3~ years and has taken the
most "hits" in terms of abolishment of positions. Over 215 full-time City
positions have been cut citywide and a substantial number of those have been
from this work unit. They feel it is a reasonable settlement. The payment
for that settlement will come out of program reductions and reserve reductions
- approximately $1 million dollars.
A33. 153: RESOLUTION NO. . Amending Resolution No. 92R-21 which
established rates of compensation for classifications designated as Middle
Management. (Creating the classification of Fire Communications Manager,
effective March 25, 1994).
City Manager Ruth. He reminded the Councilthat should they take positive
action on Item A30, it would not be necessary to take action on this item.
Since the Council approved Item A30, this item (A33) was not acted upon since
it was not necessary.
A34. 153: RESOLUTION NO. 94R-50: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 92R-17 ADOPTING PERSONNEL RULES
APPLICABLE TO EMPLOYEES IN MANAGEMENT, CONFIDENTIAL AND NON-REPRESENTED PART-
TIME CLASSIFICATIONS.
RESOLUTION NO. 94R-51: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADJUSTING RATES OF COMPENSATION AND ESTABLISHING PAY POLICIES FOR
CLASSIFICATIONS DESIGNATED AS CONFIDENTIAL AND SUPERSEDING RESOLUTION NO.
91R-47 AND AMENDMENTS THERETO.
RESOLUTION NO. 94R-52: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 92R-18 WHICH ESTABLISHED RATES OF COMPENSATION
AND MANAGEMENT PAY POLICIES'FOR CLASSIFICATIONS DESIGNATED AS PROFESSIONAL.
RESOLUTION NO. 94R-53: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 92R-20 WHICH ESTABLISHED RATES OF COMPENSATION
AND MANAGEMENT PAY POLICIES FOR CLASSIFICATIONS DESIGNATED AS SUPERVISORY
MANAGEMENT.
178
City Hallr Anaheimr California - COUNCIL MINUTES - APRIL 12~ 1994 - 5:00 P.M.
RESOLUTION NO. 94R-54: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 92R-21 WHICH ESTABLISHED RATES OF COMPENSATION
AND MANAGEMENT PAY POLICIES FOR CLASSIFICATIONS DESIGNATED AS MIDDLE
MANAGEMENT.
RESOLUTION NO. 94R-55: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 92R-22 WHICH ESTABLISHED RATES OF COMPENSATION
AND MANAGEMENT PAY POLICIES FOR CLASSIFICATIONS DESIGNATED AS ADMINISTRATIVE
MANAGEMENT.
Ron Bengochea. Relative to the proposed resolutions establishing rates of
compensation for management, he asked if these involved pay raises.
City Manager Ruth. Historically as the City has ratified those agreements,
confidential employees have always trailed. Whatever has been approved for
the AMEA work unit has subsequently then been approved for confidential
employees as well. There is no management included in this recommendation.
Dave Hill, Acting Human Resources Director. The resolutions that are
applicable to management provide for the change in bilingual pay from $50 to
$60 which parallels the AMEA unit. There is no base wage change proposed for
management in any of these resolutions.
A35. 153: RESOLUTION NO. 94R-56: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM
MUNICIPAL EMPLOYEES ASSOCIATION, GENERAL UNIT, AND THE CITY OF ANAHEIM
PERTAINING TO HOURS OF WORK. (Anaheim Stadium employees)
A36. 123: Approving an Agreement with Rene Guzman-Rodas and Rina Guzman for
rental of an apartment at the Jeffrey-Lynne Neighborhood Center.
A37. 000: ORDINANCE NO. 5421 - INTRODUCTION: AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING CHAPTER 6.64 OF TITLE 6 AND CHAPTER 4.70 OF TITLE 4 OF THE
ANAHEIM MUNICIPAL CODE PERTAINING TO TATTOOING AND FOOD HANDLING, TO AUTHORIZE
THE ESTABLISHMENT OF FEES.
A38. 123: Authorizing the City Manager to sign the Memorandum of Agreement
with the County of Orange, et al, for the Natural Communities Conservation
Planning Program.
A39. 113: RESOLUTION NO. 94R-57: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN
TWO YEARS OLD. (Public Utilities Department)
A40. 106: RESOLUTION NO. 94R-58: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING CERTAIN EXPENDITURES WITH RESPECT TO THE CITY'S
UTILITY SYSTEMS TO BE REIMBURSED FROM FUTURE LONG-TERM FINANCING.
(Telecommunications Project)
A4~. 175: Approving the implementation of a "Partners in Efficiency" (PIE).
Program, to provide up-front financing to City-owned facilities and Anaheim
businesses for installation of cost-effective energy efficient equipment, and
175: Authorizing and directing the Public Utilities General Manager or the
Public Utilities Financial Services Manager of the City (the manager) on
behalf of the City to execute and deliver to FARECal, a joint powers
authority, an application or applications for funding for the PIE program, to
do any and all things necessary and to take actions required to execute and
179
CitF Hallt Anaheimt California - COUNCIL MINUTES - APRIL 12~ 1994 - 5=00 P.M.
deliver such applications, and to execute and deliver any other related
documents, and
155: Certify that the adoption of the PIE program is Categorically Exempt
under the California Environmental Quality Act, in accordance with Title 14 of
the Code of California Regulations Section 15307, Class 7.
Dick Clark, President, Anaheim Chamber of Commerce. Relative to the PIE
program, it is one that he hopes the Council will accept and approve this
evening in that in industry there is tremendous competition for capital funds.
What this program offers is a way for a State lending agency to fund capital
resources that will reduce the demand on the City's utility supply equipment
and thereby save both the City departments and the City's Utility Department
as well as the industrial customers and others money on the cost of utilities
and the cost of supplying utilities. It is a win-win situation for both City
Utilities and the customers.
A42. 153: Authorizing the hiring of eighteen city positions to staff the
North Net Fire Communications Center effective July 1, 1994.
Joanne Calvagna, 518 S. Cinda, Anaheim. She is in support of the City hiring
the 18 dispatchers. She was distressed to hear that the City was seriously
considering hiring a private contractor to administer the center. Relative to
the location, it is not where the dispatch center is located but who is in it.
Highly trained professional dispatchers are in danger of losing their job and
their pension plan and citizens of five cities are in danger of losing their
services. She believes in privatizing services if it saves the taxpayer money
and at the same time will maintain service levels. The balance of her
presentation gave additional reasons why she feels the recommendation should
be approved by the Council.
A43. 140: Authorizing the Library Department to accept a grant for Public
Library Fund monies in the amount of $98,127 from the State Library; and
amending the Library budget by increasing revenue account 217-208-4273-1731
and expenditure account 217-208-4273-7421 by $98,127.
A44. 139: Approving the recommended positions on the following legislative
proposals; and authorizing the Mayor to communicate said positions to
appropriate representatives in Sacramento and Washington, D.C.:
SUPPORT IF AMENDED - AB 2544 (Isenberg) regarding trial court funding
realignment of funds.
SUPPORT IF AMENDED - SB 1438 (Mello) regarding the designation of
additional Enterprise Zones within the State that meet prescribed
criteria.
OPPOSE - AB 3156/AB 3721 (Tucker) regarding emergency ambulance
services.
SUPPORT - HCR 205 (R0ybal-Allard) regarding the use of census block
group data in the designation of empowerment zones and enterprise
communities.
A45. 114: Approving minutes of the City Council meeting held March 15, 1994
and the adjourned regular meeting of March 8, 1994, held March 15, 1994.
Council Member Feldhaus. He confirmed he is abstaining from voting on Item A8
and Item Al4 due to a conflict of interest.
180
City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 12, 1994 - 5:00 P.M.
Roll Call Vote on Resolution No. 94R-60 for adoption~
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Simpson, Hunter, Daly
None
Pickler
The Mayor declared Resolution No. 94R-60 duly passed and adopted.
Roll Call Vote on Resolution Nos. 94R-42 throuqh 94R-S8,.both inclusive, for
adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Simpson, Hunter, Daly
None
Pickler
The Mayor declared Resolution Nos. 94R-42 through 94R-58, both inclusive, duly
passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
ITEMS BI - BI1 FROM THE PLANNING COMMISSION MEETING OF MARCH 21, 1994
INFORMATION ONLY - APPEAL PERIOD ENDS APRIL 12, 1994
B1. 179: CONDITIONAL USE PERMIT NO. 3514 AND NEGATIVE DECLARATION:
OWNER: Imperial Promenade Partners, 2300 Michelson Dr., #200, Irvine,
CA 92715
AGENT: Zendejas Mexican ReStaurant, 665 W. Arrow Hwy., San Dimas, CA
91773
LOCATION: 5665 E. La Palma Ave. Property is approximately 4.4 acres
located north and west of the northwest corner of La Palma Avenue and
Imperial Highway.
Petitioner requests modification or deletion of condition of approval
pertaining to the prohibition of pool tables within an existing enclosed
restaurant.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3514 APPROVED amendment to condition of approval - that no more
than two coin-operated pool tables shall be permitted. Said tables
shall be located in the bar/lounge area only. No other coin operated
games shall be maintained upon the premises at any time (PC94-40) (7 yes
votes).
Negative Declaration previously approved.
B2. 179: WAIVER OF CODE REQUIREMENT,CONDITIONAL USE PERMIT NO. 3662 AND
NEGATIVE DECLARATION:
OWNER: West Street Development'Co., Inc., P.O. Box 18021, Anaheim, CA
92817
LOCATION: 6270 E. Santa Ana Canyon Road. Property is approximately
.94 acre located on the south side of Santa Ana Canyon Road and
approximately 515 feet west of the centerline of Fairmont Boulevard.
To permit a 4,416 square foot private educational facility (pre-school
to 3rd grade) and a 4,372 square foot church with waivers of (A) minimum
landscape setback adjacent to a residential zone boundary APPROVED, and
(B) minimum setback of institutional uses adjacent to a residential zone
boundary DELETED.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3662 GRANTED, IN PART (PC94-41) (7 yes votes).
181
City Hallt Anahe£m, ~al£~ornia - COUNCIL MINUTES - APRIL 12, 1994 - B~00 P.M.
Waiver of code requirement APPROVED, IN PART, waiver (A) APPROVED, and
waiver (B) DELETED.
Approved Negative Declaration.
Mayor Daly referred to letter dated April 7, 1994 from Doug Browne,
contractor, indicating that he was going to request two additional variances
relative to this proposal.
City Attorney White. Those would have to be applied for and go through the
normal process. The Council does not need to take any action to set this
matter for a hearing if they choose not to.
Joel Fick, Planning Director. If there are items contained in the letter that
do necessitate commission action, staff would concur that it would be easier
to refer the matter back to the commission to save some time.
City Attorney White. Normally in the past when a project has changed and
necessitates new approvals even after the City Council has set it for a
hearing, the practice has been to refer it back to the Planning Commission for
their recommendation. The Council could do that by setting this for a hearing
and referring it back to the Planning Commission for a recommendation. The
notices would then of necessity include those new variances. The other way is
just to take no action tonight and let the applicant apply for a new permit
that includes the new variances once he determines what he actually needs and
starting again at the Planning Commission level. His own view is that it is
just as easy to tell him to apply for a new one if he wants a new one.
The Council took no further action on this item.
B3.
179: VARIANCE NO. 4235 AND NEGATIVE DECLARATION:
OWNER: Alex Whittle c/o Whittle Investors-State College, 234 E.
Colorado Blvd., Ste. 200, Pasadena, CA 91101-2282
AGENT: Gary Bastien C/O Bastien & Assoc., Inc., 8 Corporate Park, Ste.
100, Irvine, CA 92714
LOCATION: 2050 South State College Boulevard. Property is
approximately 5.13 acres and located on the east side of State College
Boulevard and approximately 195 feet north of the centerline of
Orangewood Avenue and further described as 2050 S. State College
Boulevard.
Petitioner requests modification or deletion of a condition of approval
pertaining to required site screening in conjunction with a previously
approved general services and materials management facility with waiver
of site enclosure and screening requirements.
ACTION TAKEN BY THE PLANNING COMMISSION:
APPROVED amendment to conditions of approval for Variance No. 4235
(PC94-42) (7 yes votes).
Negative Declaration previously approved.
B4. 179: CONDITIONAL USE PERMIT NO. 3668 AND NEGATIVE DECLARATION:
OWNER: Dong Ho Hahn, Hyon M. Hahn, Y.H. Hahn and B.J. Hahn, 8672
Cortez Ave., Garden Grove, CA 92644
AGENT: Fernando Daly, 3136 W. Ball Road, #12, Anaheim, CA 92804
LOCATION: 1214 Dale Avenue. Property is approximately .43 acre located
on the east side of Dale Street and approximately 210 feet south of the
centerline of Ball Road and further described as 1214 Dale Avenue.
To permit a 990-square foot convenience market (grocery store) within an
existing 13,000-square foot commercial retail center.
182
City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 12, 1994 - 5:00 P.M.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3668 GRANTED (PC94-43) (7 yes votes).
Approved Negative Declaration.
REPORTS AND RECOMMENDATIONS:
BS. 179: CONDITIONAL USE PERMIT NO. 2651 - REQUEST FOR AN EXTENSION OF TIME
TO COMPLY WITH CONDITIONS OF APPROVAL:
REQUESTED BY: Dwight R. Belden, Vice President Anaheim'Company, 450
Newport Center Drive, Ste. 304 Newport Beach, CA 92660-7640.
LOCATION: Property is located at 2400 E. Katella Avenue.
Petitioner requests a retro-active exteneion of time to comply with
conditions of approval for Conditional Use Permit No. 2651 (to permit an
ll-story hotel and a 12-and 15-story office complex) to expire
February 26, 1995.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved request for an extension of time for CUP NO. 2651 to expire
2-26-95.
B6. 179: CONDITIONAL USE PERMIT NO. 3356 - REQUEST FOR AN EXTENSION OF TIME
TO COMPLY WITH CONDITIONS OF APPROVED:
REQUESTED BY: Tom Griffith, Project Manager, Rockefeller and Associates
Realty, L.P., Four Embarcadero Center, 26th Floor, San Francisco, CA
94111.
LOCATION: Property is located at 1750 South State College Boulevard.
Petitioner requests a retroactive extension of time to comply with
conditions of approval for Conditional Use Permit No. 3356 (to permit
two 13-story office towers and a 134-unit hotel) to expire January 15,
1995.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved request for an extension of time for CUP NO. 3356 to expire
January 15, 1995.
BT. 179: PROPOSED ORDINANCE - AMENDING A PORTION OF THE ANAHEIM MUNICIPAl,
CODE RELATING TO ADMINISTRATIVE ADJUSTMENTS.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended adoption to City Council.
ORDINANCE NO. 5422 - INTRODUCTION: Amending Section 18.12.080 of Chapter
18.12 of Title 18 of the Anaheim Municipal Code relating to Administrative
Adjustments.
Council Member Hunter offered Ordinance No. 5422 for first reading.
ORDINANCE NO. 5422: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION
18.12.080 OF CHAPTER 18.12 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO ADMINISTRATIVE ADJUSTMENTS.
B8. 179: CONDITIONAL USE PERMIT NO. 2910 - SUBSTANTIAL CONFORMANCE REVIEW OF
REVISED PLANS: CITY INITIATED.
LOCATION: Property is located at 1108 N. Acacia Street.
Conditional use Permit No. 2910 for substantial conformance review of
revised plans in conjunction wit'h a child day care facility for a
maximum of 24 children and two multi-family dwelling units.
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined that the revised plans are in substantial conformance with
original plans.
183
City Hall, A~aheim, California - COUNCIL MIN~FTEs - APRIL 12, 1994 - 5~00 P.M.
B9. 155: REPORT TO PLANNING COMMISSION PERTAINING TO STATUS OF SLOPE
LANDSCAPING WITHIN THE SUMMIT OF ANAHEIM HILLS SPECIFIC PLAN (SP88-2}.
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined that another report shall come back to the Planning
Commission on July 11, 1994 for further review.
B10. 179: CONDITIONAL USE PERMIT NO. 3566 - REQUEST FOR REVIEW OF PRECISE
FLOOR AND ARCHITECTURAL PLANS FOR WAL-MART AUTOMOTIVE CENTER:
REQUESTED BY: Donahue Schriber, Agent, 3501 Jamboree Rd., Ste. 100,
Newport Beach, CA 92660 Attn: Ernie Weber; California State Teacher's
Retirement Systems, 7667 Folsom Blvd., Sacramento, CA 95826.
LOCATION: 500-600 North Euclid Street.
Petitioner requests review of precise plans for Conditional Use Permit
No. 3566 (to permit phased construction of a regional shopping center
with indoor entertainment facilities, an automotive repair and parts
installation facility in conjunction with a major retail tenant, semi-
enclosed restaurants (outdoor dining/food court), and an
auditorium/community meeting room).
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved precise floor plans and elevations (5 yes votes, 2 abstained).
OTHER ITEMS BEFORE THE PLANNING COMMISSION:
Bll. 159: A PRESENTATION BY THE PUBLIC WORKS - ENGINEERING DIVISION
REGARDING THE WATER QUALITY ENGINEERING PLAN AND THE NEW PARKING LOT AT THE
MAIN LIBRARY (HARBOR BOULEVARD AND BROADWAY):
ACTION TAKEN BY THE PLANNING COMMISSION:
The Anaheim City Planning Commission requests that the City Council
determine whether it would be appropriate for the Planning Commission to
review projects involving City owned facilities.
Assistant City Clerk Ann Sauvageau announced that staff requested that this
item be removed from the agenda at this time. The Public Works Director is to
meet with the Planning Commission on the issue and the item rescheduled at a
later date.
END OF THE PLANNING COMMISSION ITEMS.
ITEM B12 FROM THE ZONING ADMINISTRATOR MEETING OF MARCH 31t 1994:
DECISION DATE~ APRIL 7t 1994 INFORMATION ONLY - APPEAL PERIOD ENDS APRIL 17r
1994
B12. 170: TENTATIVE PARCEL MAP NO. 85-159 AND NEGATIVE DECLARATION:
OWNER: City of Anaheim, 200 South Anaheim Boulevard, Anaheim, CA 92805
County of Orange, Environmental Management Agency, 400 Civic Center
Drive, Santa Aha, CA 92703
AGENT: City of Anaheim, Redevelopment Agency, Attn: Rob Zur Schmiede,
201 South Anaheim, CA 92805
LOCATION: Subject property is approximately 48.49 acres generally
bounded by Weir Canyon Road and La Palma Avenue with approximate
frontages of 1,550 feet on the north side of La Palma Avenue west of
Weir Canyon Road, 1,150 feet on the south side of La Palma west of Weir
Canyon Road, 1,778 feet on the north side of La Palma Avenue east of
Weir Canyon Road, 1,700 feet on the south side of La Palma Avenue east
of Weir Canyon Road.
To create a 6-lot subdivision.
184
City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 12, 1994 - 5:00 P.M.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Approved Tentative Parcel Map No. 85-159 with mOdified conditions
(Decision No. 94-06).
Approved Negative Declaration.
Mayor Daly. In previous years, they have had a problem with subdivision of
large commercial sites in the Anaheim Hills area. This looks different and it
is being subdivided into six lots. He asked if there is a condition or
protection so'there is a requirement for cooperation among the property owners
and unified site planning. He does not want to repeat the experience they had
with another commercial site off Weir Canyon Road which has continued to be a
problem for the City.
Joel Fick, Planning Director. Traditionally they do put those requirements in
both in terms of landscaping and easements for parking. In this instance, the
parcel is somewhat unique because it is subdivided into four parcels by the
arterial streets that bisect the overall property. Those particular items
were not attached to this subdivision. Another thing, the property is owned
by the Redevelopment Agency. It is a Redevelopment project and is owned by
the City. There will be future times when the item will come before the
Commission or the Council.
B13. 155: ORDINANCE NO. 5420 FOR ADOPTION: Amending Ordinance Nos. 5377 and
5378 relating to the Disneyland Resort Specific Plan No. 92-1 (Chapter 18.78
of the Anaheim Municipal Code). (Introduced at the meeting of March 22, 1994,
Item D2.)
Council Member Daly offered Ordinance No. 5420 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 5420: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE
NOS. 5377 AND 5378 RELATING TO THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1
(CHAPTER 18.78 OF THE ANAHEIM MUNICIPAL CODE).
Roll Call Vote on Ordinance No. 5420 for adoption=
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Simpson, Hunter, Daly
None
Pickler
The Mayor declared Ordinance No. 5420 duly passed and adopted.
B14/B15. 179: ORDINANCE NOS. 5423 AND 5424 FOR INTRODUCTION: Ordinance
NO. 5423 for introduction, amending Title 18 to rezone property under
Reclassification No. 93-94-06 located at 5810-5940 East La Palma Avenue from
the RS-A-43,000 (SC)(FP) zone to the CL(SC)(FP) zone and Ordinance No. 5424
for introduction, amending Title 18 to rezone property under Reclassification
No. 92-93-02 located at 1500-1542 North State College Boulevard from the ML
zone to the CL zone.
Council Member Daly offered Ordinance Nos. 5423 and 5424 for first reading.
ORDINANCE NO. 5423: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO
REZONE PROPERTY UNDER RECLASSIFICATION NO. 93-94-06 LOCATED AT 5810-5940 EAST
LA PALMA AVENUE FROM THE RS-A-43,000 (SC)(FP) ZONE TO THE CL(SC)(FP) ZONE.
185
City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 12~ 1994 - 5~00 P.M.
ORDINANCE NO. 5424: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO
REZONE PROPERTY UNDER RECLASSIFICATION NO. 92-93-02 LOCATED AT 1500-1542 NORTH
STATE COLLEGE BOULEVARD FROM THE ML ZONE TO THE CL ZONE.
SWEAR-IN OF THOSE TESTIFYING AT PUBLIC HEARINGS:
The City Attorney announced that it is appropriate at this time for all those
intending to testify at any or all of the public hearings including staff be
sworn in at this time.
Those testifying were requested to stand by the Assistant City Clerk and asked
to raise their right hand. The.oath was then given.
D1.
179: PUBLIC HEARING - VARIANCE NO. 4245, CATEGORICALLY EXEMPT, CLASS 11:
OWNER: Redondo Investment Co., P.O. Box 14478, Long Beach, CA 90803
AGENT: Harry S. Weinroth, P.O. Box 1566, San Juan Capistrano, CA 92693
LOCATION/REQUEST~ The property is located at 6330-6396 East Santa Ana
Canyon Road (Anaheim Hills Shopping Village) and is approximately 5.97
acres located at the southwest corner of Santa Ana Canyon Road and
Fairmont Boulevard and further described as 6330 - 6396 E. Santa Ana
Canyon Road. The request is for a waiver of permitted type of shopping
center identification signs in the Scenic Corridor Overlay zone to
construct two (2) 60-square foot internally illuminated freestanding
monument signs with multiple-tenant identification panels.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4245 DENIED (PC94-35) (5 yes votes, 1 no vote, and
1 absent).
Informational item at the meeting of March 22, 1994, Item B9.
HEARING SET ON: A letter of appeal was submitted by the agent for the owner,
Harry S. Weinroth, HSW Associates and public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - March 31, 1994
Mailing to property owners within 300 feet - March 29, 1994
Posting of property - April 1, 1994
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated March 7, 1994.
APPLICANT'S
STATEMENT~
Harry Weinroth, Planning Consultant. The shopping center and the
tenants are interested in improving the monument signs because
there is no visibility for the tenants. There had been two
requests of the Planning Commission for signs. He then described
the existing signs on the corner of Fairmont and Santa Ana Canyon
Road. They do not tell anything about the center. The center is
located 10 or 15 feet higher than the road and the buildings are
set back 300 to 400 feet. He submitted photographs which
corroborated his statements. Going westerly, there is no
visibility of the center. There is a new supermarket but no one
would know that. There are 30 other stores that are not visible.
It is a well maintained center. The request for the variance is
based on the fact that there are eight other centers along
Santa Ana Canyon Road or close to it and all have signs greater
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City Hall~ Anaheim~ California - COUNCIL MINUTES - PcPRIL 12~ 1994 - 5=00 P.N.
than the signs permitted for the subject shopping center. He
reported on several of the signs.
Greg Hastings, Zoning Division'Manager. The code requirement is for one
single-faced 26 square foot freestanding sign displaying only the name of the
commercial center.and one major tenant or logo per street frontage and there
are two street frontages so the property is entitled to two signs. There are
two single-faced 60 square foot signs proposed internally illuminated and
freestanding which would display up to six tenant names or logos. Staff's
recommendation was for denial and the Planning Commission denied the proposal
5 to I primarily based on the number of tenants that would be identified on
the sign and what that might mean for the rest of the shopping centers in the
area. There are also two other sites that had variances approved for two
major tenants. This center has one major tenant. Since that time, there was
a code amendment which did allow one major tenant to be placed on the sign.
That was primarily the reason for the Planning Commission decision. The
Planning Commission also felt it was a neighborhood center where it wasn't
necessary for drive-by traffic to have to see the sign on the street. A
variance previously approved, No. 4118, allows two smaller signs, 44 square
feet, that would identify the name of the center.
Mayor Daly opened the public hearing.
PUBLIC DISCUSSION -
IN FAVOR=
Paul Pecuda, 2796B Victoria, Laguna Beach, Commercial Real Estate
Broker specializing in retail centers. He has been doing leasing
at the Anaheim Hills Festival since about 1990. He is present on
behalf of the tenants of the subject shopping center. It is true
they were approved for a variance for two smaller signs which did
not list any tenant names back then. They have watched traffic in
the center erode over the last few years. There is now
competition from the east and all of those centers have better
visibility. He understands that there are a separate set of rules
for the Anaheim Hills Festival. Traffic is the number one thing
that keeps the center going. The tenants suffer because of three
things - they are elevated from street level, the individual
street signs are not really evident to passersby and-traffic
cannot make a left turn into the center in any case. The stores
are also very deeply set back. The Peralta Adobe is also a part
of the center which blocks some of the visibility from the street.
Tenants all over Southern California are struggling and their
tenants more than others. The tenants have had difficulty paying
the rent and the center management has been.working with them.
Ail of the tenants signed petitions asking for the signage and
many are present tonight.
Tom Carter, 5365 Via Apolina, Yorba Linda. He and his wife are
the owners of the travel agency located in the center which they
purchased last July. Travel agencies are not unique. The key to
his success is to make the business visible to the community. He
then further elaborated on the reasons why they need and should
have the signs. It is also an issue of fairness.
Ernie Cisneros, 20480 Via Habana, Yorba Linda. He moved to the
area in 1984 and has lived in Orange County since 1970. They
opened a shop 1~ years ago next to the Sushi Bar in the Center.
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Santa Ana Canyon Road is now a major thoroughfare for people from
Riverside. It is an alternate to the 91 Freeway. He is speaking
for the "little people". The big guys are able to get the signage
and the little guys are trying to make a living. They want fair
competition. He has been there a .long time. People do not know
the area. It was stated this is a neighborhood center and the
residents should be familiar with it. They should but those same
people do not use the same products over and over again. They
rely on advertising and traffic.
Pete Charkpenes, 156 Calle Diaz, Anaheim. His father owns one of
the shops. People still do not know they are there. They are
merely asking for one sign.
Robert Langslet, owner of the center. He built the center
approximately 12 years ago and since then has seen a tremendous
change in Anaheim. At one time, they were the farthest center
east and now they are inundated with competition. He is speaking
for the equity for the people who occupy his center. He is asking
for an equal basis of signage. Driving down Santa Ana Canyon Road
it is obvious his tenants do not have the proper display. That is
why he'appealed. He is at his center every week. It is a
family-run business. All they are asking for is an equal basis
for signage. It is not an unreasonable request.
PUBLIC DISCUSSION -
IN OPPOSITIONs
None
SUMMATION BY
APPLICANTs
Harry Weinroth. They would like to have equal signage with other
centers in the area. Much was made of the regional shopping
center. It is still a commercial zone, a regional overlay, but
still Commercial and it is within the scenic corridor. It is no
different than the subject shopping center. They are not a
neighborhood center. They are like every other center along the
street. They want a reasonably sized sign. Answering Council
Member Feldhaus, he stated there might not even be 12 tenants
listed on the sign. There will be a fee to have tenants listed
and it is not an inexpensive sign.
Joel Fick Planning Director then explained for Council Member Feldhaus that
the code does not specifically address lot square footage. It was one of the
issues taken into account when the Festival was processed as a specific plan.
That regional center is about 85 acres and had some unique needs being only
one of'two regional centers with a. major.theatre complex that needed a
changeable sign, major tenant identification and also levels of shops that had
no visibility from Santa Aha Canyon Road.
Mr. Weinroth then explained for Mayor Daly the reason that they did not
install the two additional monument signs that were previously approved by the
Planning Commission was that the signs that were granted were not the size
they had requested. They were only 4 feet high and included the pedestal for
the sign which did not leave much area for a sign message and it was not
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C~y Hall~ &nahe~m~ California - COUNCZL NZNUTE$ - ~RIL 12~ 1994 - 5~00 P.~.
permitted to be internally illuminated. There has also been vandalism at the
center. They wanted some type of signage easily maintained and not too
expensive to replace. The interior illumination panels will allow something
like that.
Mayor Daly closed the public hearing.
Council Member Hunter. He agrees with what the owner is saying. He goes
there everyday since it is by his home. They are all small business persons
and everything they said is true. It is difficult to know the center is
there. When the center was built, the Peralta adobe had to remain and it
blocks the stores. He feels they should approve the request and see what it
looks like. He referred to the big lighted signs that were placed on the
freeway at Weir Canyon for Conroys and Carl's which were approved after the
fact. The "big guys" did get their way. The little guys should also be given
an opportunity to try to make it in that center.
Council Member Feldhaus asked if there was a Way to allow the sign
conditionally for a period of time; City Attorney White. 'They have a right to
place reasonable conditions on the variance, one of which could be for a
limited period of time. In thinking of what a reasonable time would be, they
would need to consider the cost involved in installing the sign to allow a
reasonable amortization period before it would expire or be subject to being
renewed.
Council Member Feldhaus. He wants to do everything he can to insure
successful businesses in the center. He suggested that the sign be allowed on
a trial basis; Council Member Hunter. The sign will probably cost $15,000 to
$30,000 which is expensive for a trial basis.
Robert Langslet. The investment will be approximately $30,000. He feels so
strongly that he will make the investment. If the signs are not successful or
the Council does not like them or complains about them, they would remove the
signs and do something else. He would be willing to take the risk.
City Attorney White. Based upon the stipulation of the applicant, he feels
they could impose a condition that the permit be good for a period of one or
two years and then at the end of that period it would expire. The applicant
could seek an extension at that time and come back and another hearing would
be held. The Council would then make a subsequent decision at that time.
Mayor Daly. The City Attorney has informed the Council that they can approve
the proposal subject to a two-year term and that the burden would be on the
applicant to reapply for renewal. He asked Mr. Langslet if he was comfortable
with that.
Mr. Langslet answered yes.
Joel Fick, Planning Director. Staff would like to add, if approved, the last
variance request did have some guidance in line with the commentary by the
Council today - that the color of the plexiglass should be earthen tone
consistent with and coordinated with the colors of the center, things such as
that to be incorporated that were not necessarily factored in to give guidance
to staff.
Harry Weinroth. He believes that was one of the things why they did not
accept the original variance - the earthen tones. He does not believe there
are any signs with earthen tones but they are primarily red or blue. All the
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City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 12, 1994 - 5~00
other centers in the area have that. He still feels that the center is being
discriminated against by adding that request. That and the indirect lighting
were the problems with the original variance approval.
Joel Fick. At present they do not have any guidance on what the sign is going
to look like because that information was not submitted. When it is proposed,
there is nothing to judge it by.
Mayor Daly. He wanted it clear that the sign will be subject to review and
approval of staff on the final design.
Mr. Weinroth asked if at the end of two years would they have to come before
the City Council or Planning Commission for renewal.
City Attorney White. He clarified that any extension be a hearing before the
Council as opposed to the Planning Commission.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTIONs On motion by Council
Member Hunter, seconded by Council Member Feldhaus, the City Council
determined that the proposed activity falls within the definition of
Section 3.01 Class 11, of the City of Anaheim guidelines to the requirements
for an Environmental Impact Report and is, therefore, categorically exempt
from the requirement to file an EIR. Council Member Pickler was absent.
MOTION CARRIED.
Annika Santalahti, Zoning Administrator. There were conditions recommended in
the staff report. The comments made will be incorporated plus one that would
request termination of the old sign variance never utilized.
Council Member Hunter offered Resolution No. 94R-59 for adoption, granting
Variance No. 4245 for a waiver of permitted type of shopping center
identification signs in the scenic corridor overlay zone to construct two
60-square foot internally illuminated freestanding monument signs with
multiple tenant identification panels, that staff review the final design and
that final design is subject to staff approval, that the sign variance is
approved for a period of two years until approximately April 12, 1996 at which
time the variance shall expire and the petitioner may, prior to expiration,
request a time extension or modification or deletion of this condition in
connection with a City Council public hearing and that the petitioner shall
submit a letter requesting termination of Variance No. 4188. Refer to
Resolution Book.
RESOLUTION NO. 94R-59: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 4245.
Roll Call Vote on Resolution No. 94R-59 for adoptions
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Simpson, Hunter, Daly
None
Pickler
The Mayor declared Resolution No. 94R-59 duly passed and adopted.
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City Eallr Anahe£mt Cal£forn£a - COUNCIL MINUTES - ~PRIL 12r 1994 - 5:00 P.M.
Cl. COUNCIL COMMENTS:
114: REGULATION OF MOTEL PROPERTIES OUTSIDE OF TRADITIONAL TOURIST ZONES:
Mayor Daly. He went on a Police ride-along on Friday evening looking at motel
properties especially in the Beach Boulevard area. In talking to some of the
Police Officers, it occurred to all of them it might be good to ask the City
Attorney to research the City's legal options and alternatives for regulating
motels outside of the traditional tourism zones in the City and any other
thoughts the City Attorney might have. There are areas of the City with motel
properties that have been problems for 15 to 20 years. It is a long time to
endure such problems because the law perhaps prevents them from regulating
known havens for criminal activity which some of these are. He directed the
City Attorney to research what powers the City has to regulate those
properties primarily outside of the Disney Commercial Recreation Resort area.
ADJOURNMENT: By general consent the Council adjourned. Council Member
Pickler was absent. (7:26 p.m.)
ANN M. SAUVAGEAU, ITY CLERK
191