1994/09/13City Hall, Anaheim~ California - COUNCIL MINUTES - SEPTEMBER 13, 1994 - 5~00 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Feldhaus, Pickler, Hunter
COUNCIL MEMBERS: Simpson, Daly
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N; Sohl
PLANNING DIRECTOR: Joel Fick
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:25 p.m. on September 9, 1994 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Pro Tem Hunter called the meeting to order at 3:27 p.m.
REQUEST FOR 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 LABOR NEGOTIATOR
Agency negotiator: David Hill
Employee organization: IBEW, Local 47
2. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - EXISTING LITIGATION
Name of case: Golden West Baseball v. City of Anaheim et al.,
Orange County Superior Court Case No. 40-92-46
3. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - EXISTING LITIGATION
Name of case: Anaheim Stadium Associates v. City of Anaheim,
Orange County Superior Court Case No. 44-81-74.
4. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - EXISTING LITIGATION
Name of case: Anaheim Redevelopment Agency v. Fisher, et al.,
Orange County Superior Court Case No. 72-23-38.
5. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - EXISTING LITIGATION
Name of case: Miles v. City of Anaheim, Orange County Superior
Court Case No. 69-80-46.
6. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - EXISTING LITIGATION
Name of case: Howe v. City of Anaheim, Orange County Superior
Court Case No. 71-15-83.
7. CONFERENCE WiTH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - EXISTING LITIGATION
Name of case: Klevies v. City of Anaheim, Orange County Superior
Court Case No. 70-42-58.
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City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 13, 1994 - 5=00 P.M.
CONFERENCE WITH REAL PROPERTY NEGOTIATIOR
Property: Parcel bounded by Auto Center Drive, Sanderson Avenue
and the 57 Freeway.
Negotiating parties: City of Anaheim and SGF Limited Partnership
Under negotiation: Price and terms of lease/purchase
9e
LIABILITY CLAIMS
Claimant: Eugene Hubbard
Agency claimed against: City of Anaheim
Claimant: Linda and Raymond Goomer
Agency claimed against: City of Anaheim
Claimant: Judy and Bruce McCormick
Agency claimed against: City of Anaheim
10. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of
Section 54956.9: 1 potential case
Existing facts and circumstances: Claims concerning the adoption
of Ordinance No. 5445.
RECESS: Council Member Hunter moved to recess into Closed Session. Council
Member Pickler seconded the motion. Council Members Simpson and Daly were
absent. MOTION CARRIED. (3:28 p.m.)
AFTER RECESS: Mayor Pro Tem Hunter called the meeting to order, all Council
Members being present with the exception of Council Members Simpson and
Mayor Daly, and welcomed those in attendance to the Council meeting.
(5:10 p.m.).
INVOCATION: Lieutenant Ebenezer Saguil, The Salvation Army, gave the
invocation.
FLAG SALUTE: Council Member Frank Feldhaus led the assembly in the Pledge of
Allegiance to the Flag.
119: PRESENTATION AND DECLARATION OF RECOGNITION - FIFTH ANNIVERSARY -
RECYCLE ANAHEIM: Recognizing the fifth anniversary of Recycle Anaheim and
presenting bicycles to corporate winners. A Declaration of Recognition was
unanimously adopted by the City Council and presented to Jim Grace of
RJ Noble, Rick Colette and Bill Taormina, Taormina Industries (Jim Cahill,
Zumar Industries - unable to attend) recognizing their contribution and
dedication to solid waste management.
Marcia Myers, Street Maintenance Field Supervisor, stated that 107 letters
were written by children to the City Council thanking the Council for helping
to improve the environment of the City with regard to the recycling program.
She then introduced the corporate winners of the "Recycle Anaheim" contest who
were presented with bicycles:
Grand Prize Winner - Carlos Carrillo
First Prize Winners - Rodrigo Rivera and Christian Florido
Mayor Pro Tem Hunter and Council Members personally congratulated the young
winners.
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City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 13, 1994 - 5:00 P.M.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Daly
and authorized by the City Council:
Recognizing September, 1994
as Prostate Cancer Awareness Month in Anaheim
Recognizing September 17-23, 1994, as Constitution Week in Anaheim
Nancy Ince accepted the Prostate Cancer Awareness proclamation and Marilyn
Skinner accepted the Constitution Week proclamation.
119: THE FOLLOWING WERE RECOGNITIONS AUTHORIZED BY THE CITY COUNCIL THIS DATE
TO BE MAILED OR PRESENTED AT ANOTHER TIME:
Recognizing September 19-25, 1994
as Pollution Prevention Week in Anaheim
Recognizing October, 1994, as Independent Living Month
FINANCIAL DE~%NDS AGAINST THE CITY in the amount of $1,884,789.75 for the
period ending August 29, 1994; $2,852,226.76 for the period ending
September 6, 1994 and $3,675,537.91 for the period ending September 12, 1994,
in accordance with the 1993-94 Budget, were approved.
Mayor Pro Tem Hunter recessed the City Council meeting until after the
Redevelopment Agency and Housing Authority meetings. (5:30 p.m.)
Mayor Pro Tem Hunter reconvened the City Council meeting. (5:32 p.m.)
ADDITIONS TO THE AGENDA: There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
Arlene Bazina, 173 North Magnolia Avenue, Anaheim, Cabin Creek Condominiums.
She explained an incident that occurred on August 26, 1994 in the bar adjacent
to the condominiums. (She submitted a diagram which was an illustration to
assist in explaining the incident as well as other information.) The incident
involved a shot which was fired from the bar which traveled the entire length
of her brother's condominium and passed through the resident's unit directly
to the side of him and then lodged in the third unit. From 1993 to 1994,
there have been five 911 calls to that bar at 113 N. Magnolia. Over the past
year, she has heard in the evening on at least three different occasions
ammunition being fired with a police car subsequently responding. It is very
frightening. She asked the Council to direct staff to close the bar or tell.
her what she can do.
Mayor Pro Tem Hunter stated that the City Manager has taken down the
information. Police Chief Gaston is also present in the Chamber audience.
Staff will contact her. He also explained that what happens when several
complaints are made, the information is routed to the Alcoholic Beverage
Con~nission. If there are enough complaints, action is taken to start
proceedings to close down the bar. He thanked Ms. Bazina for bringing the
matter to the Council's attention and assured her that she will be contacted.
532
City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 13, 1994 - 5:00 P.M.
Cathy McCarthy, 707 W. Santa Aha Street, Anaheim. She is representing the
seniors at Heritage Park Apartments at 707 W. Santa Aha Street. She is
addressing the subject of bingo games, an activity which is enjoyed by the
seniors at Heritage Park particularly those who use walkers, canes and
wheelchairs, those seniors who are unable to go to other locations to play.
It is their main social activity. It involves very small amounts of money.
Nobody is paid to run the games and all the money is given out to the
residents who play. Bingo allows the seniors to be out of their apartments
for an evening and to interact with other residents. Most are on low income
and cannot afford outside activities. A disgruntled resident who does not
play bingo brought it to the attention of the City that they were running a
bingo game without a license. They were visited by the vice squad and told to
get a license. She then explained all the things they would have to do in
order to get a license and the associated costs which would be prohibitive
since only "pennies" are involved in their games.
She asked that the Council take a look at the law and either revise it or
consider an addendum allowing seniors to play as a social activity without a
license.
Council Member Hunter. They will have someone from the City Attorney or City
Manager's Office to contact her to see how it can be done legally so the
seniors can have their games.
Jeff Kirsch, 2661 W. Palais, Anaheim. He referred to an article in the Los
Angeles Times today reporting that Anaheim is again being asked to consider
expanding the Convention Center. Looking at the budget of the Convention
Center, it does need a subsidy from the General Fund. There has been scrutiny
of other City enterprises recently, specifically the golf courses with
successful results. If instead of spending more money in a further expansion
of the Convention Center some of the existing shortfalls of the enterprise
could be addressed. Hopefully there may be beneficial results as with the
golf courses.
City Manager Ruth. There is a request to go with an RFP for an economic
analysis to determine whether it is even practical or feasible to expand the
facility. This information will be a part of the City Council's
consideration.
PUBLIC COMMENTS - AGENDA ITEMS: Public input received on Item Al9 (see
discussion under that item).
MOTION: Council Member Pickler moved to waive reading in full of all
ordinances and resolutions to be acted upon for the Council meeting of
September 13, 1994. Council Member Feldhaus seconded the motion. Council
Members Simpson and Daly were absent. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member
Pickler, seconded by Council Member Hunter, the following items were approved
in accordance with the reports, certifications and recommendations furnished
each Council Member and as listed on the Consent Calendar; Council Member
Pickler offered Resolution Nos. 94R-218 through 94R-223, both inclusive, for
adoption. Council Member Pickler offered Ordinance No. 5448 for introduction.
Refer to Resolution Book.
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City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 13, 1994 - 5:00 P.M.
Al. 118: The following claims were filed against the City and action taken
as recommended:
Claims rejected and referred to Risk Management:
a. Claim submitted by Eugene Hubbard, c/o Gary Jaquith, esq., for bodily
injury sustained purportedly due to actions of the City on or about
November 16, 1993.
b. Claim submitted by Trudy Crawford, c/o Daniel A. Brown, esq., for
bodily injury and property damage sustained purportedly due to actions of
the City on or about February 1, 1994.
c. Claim submitted by Kenneth C. Fraser for property damage sustained
purportedly due to actions of the City on or about June 11, 1994.
d. Claim submitted by Sheila Delgado, for Michael Delgado (minor), for
bodily injury sustained purportedly due to actions of the City on or about
June 22, 1994.
e. Claim submitted by Doug Mulvihill, for Mathew Mulvihill (minor), c/o
Daniel A. Brown, esq., for bodily injury sustained purportedly due to
actions of the City on or about February 1, 1994.
f. Claim submitted by Linda and Raymond Boomer, c/o Gregory T. Anderson,
esq. (The Belli Building), for bodily injury sustained purportedly due to
actions of the City on or about May 6, 1994.
g. Claim submitted by Tim Polder for property damage sustained
purportedly due to actions of the City on or about January 19~ 1994.
h. Claim submitted by Judy and Bruce McCormick, c/o Elliott Luchs, esq.,
for bodily injury sustained purportedly due to actions of the City on or
about March 7, 1994.
i. Claim submitted by Didier Maxmilien Lagoutte for bodily injury
sustained purportedly due to actions of the City on or about July 3, 1994.
j. Claim submitted by Bridget McGrath for property damage sustained
purportedly due to actions of the City on or about July 24, 1994.
k. Claim submitted by State Farm Insurance Companies, attn: Connie
Stewart, Insured - Joe Koska/Claim No. 55-B185-036, for property damage
sustained purportedly due to actions of the City on or about May 9, 1994.
1. claim submitted by Robert Queen for property damage sustained
purportedly due to actions of the City on or about July 27, 1994.
Application for leave to present late claim denied:
a. Application submitted by Georgan Browning, c/o Ralph G. Martinez,
esq., for bodily injury sustained purportedly due to actions of the City
on or about August 16, 1993.
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City Hallt Anaheim, California - COUNCIL MINUTES - SEPTEMBER 13, 1994 - 5~00 P.M.
Claims recommended to be accepted=
a. Claim submitted by Francisco Romero for property damage sustained
purportedly due to actions of the City on or about May 18, 1994.
b. Claim submitted by Leonard L. Hardy for property damage sustained
purportedly due to actions 'of the City on or about July 18, 1994.
c. Claim submitted by Yellow Cab Company of Northern Orange County, Inc.,
for property damage sustained purportedly due to actions of the City on or
about July 29, 1994.
A2. 105: Receiving and filing minutes of the Golf Advisory Commission
meetings held May 26, June 6, June 23, July 28 and August 12, 1994.
105: Receiving and filing minutes of the Community Redevelopment Commission
meeting held August 1, 1994.
105: Receiving and filing minutes of the Anaheim Public Library Board meeting
held July 27, 1994.
173: Approving Application 94-02-015 before the Public Utilities Commission
of the State of California regarding All Destinations Shuttle, Inc., a
California Corporation, for a Certificate of Public Convenience and Necessity
to operate as a passenger stage between certain portions of Los Angeles and
Orange Counties, on one hand, and Los Angeles International Airport and
Burbank Airport, Long Beach Airport, John Wayne Airport, Amtrak Rail Station
and Los Angeles and Long Beach Harbors, on the other hand.
105: Receiving and filing minutes of the Public Utilities Board meeting held
August 4, 1994.
173: Receiving and filing a Notice of Filing of Amendment to Application by
Southern California Edison Company (A.93-12-029) before the Public Utilities
Commission of the State of California to adopt a performance-based ratemaking
mechanism, effective January 1, 1995; and also receiving and filing an
Investigation (I94-04-003) on the Commission's own motion into changing the
method, timing, and process for periodically driving a reasonable revenue
requirement for the Southern California Edison Company, respondent.
130: Receiving and filing correspondence before the Federal Communications
Commission in the matter of ML Media Partners, L.P., trading as Multivision
Cable TV regarding petitions for Special Relief to Modify the Television
Market of KZKI (TV)) for the purpose of the "must carry" rules to exclude:
Anaheim, Hermosa Beach, Manhattan Beach, Orange County, and Villa Park.
178: Receiving and filing correspondence from Metropolitan Water District of
Sou%bern Cali~ornla regarding a c~rtlfled copy o6 R~olution §449, levyin~
taxes for the Fiscal Year commencing July 1, 1994 and ending June 30, 1995,
for the purposes of the Metropolitan Water District of Southern California.
A3. 175: Awarding the contract to the lowest responsible bidder, Spiniello
Construction Company, in the amount of $158,694.75 for La Palma Avenue
watermain relining; and in the event said low bidder fails to comply with the
terms of the award, awarding the contract to the second low bidder, as well as
waiving any irregularities in the bids of both the low and second low bidders.
535
City ~!1, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 13, 1994 - 5=00 P.M.
A4. 169= Awarding the contract to the lowest responsible bidder, Griffith
Company, in the amount of $619,067 for Area V Site Improvements
(Broadway/East); and in the event said low bidder fails to comply with the
terms of the award, awarding the contract to the second low bidder, as well as
waiving any irregularities in the bids of both the low and second low bidders.
A5. 175: Approving Contract Change Order No. 1, in the amount of $39,910.60
in favor of Henkels and McCoy, Inc~, for the Dowling/Yorba 69KV electrical
cabling construction.
A6. 169: Approving Contract Change Order No. 1, in the amount of $56,730.20,
in favor of Hillcrest Contracting, Inc., for the widening of the
Broadway/Anaheim Boulevard Intersection.
A7. 175: Approving Contract Change Order No. 1, in the amount of $132,045,
in favor of Sully Miller Contracting Company, for the construction of
modifications of electrical facilities for the East Street widening and
undergrounding project.
A8. 123: Approving an Agreement with RJM Design Group, Inc., in an amount
not to exceed $75,000 on an "on-call" standing services contract basis for a
period of one year with the option to renew the agreement up to three years.
A9. 123: Approving a Second Amendment to Agreement with The SWA Group, in
the amount of $10,000 for landscape a~chitectural and aesthetics technical
assistance for the I-5 Freeway.
Al0. 123: Approving and authorizing the Mayor and City Clerk to execute
Amendment No. 1 to Cooperative Agreement No. C-92-433 with the Orange County
Transportation Authority for subconsultant services to coordinate the I-5
widening project traffic modeling analysis.
Ail. 123: Authorizing the Mayor to sign Fund Transfer Agreement FTA12A07
forms to accept $765,000 from Caltrans for Anaheim Stadium Rail Station
Improvements (Capital Improvements Funds.)
Al2. 123: Approving an Agreement with Tejas Partners, Ltd., for the sale of
plans and specs for construction of a parking lot on the west side of Douglass
Road, south of Cerritos Avenue.
Al3. 000: ORDINANCE NO. 5448 - INTRODUCTION: AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING SECTION 14.58.020 AND ADDING SECTION 14.58.050 TO CHAPTER
14.58 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING TO TRAFFIC SIGNAL
FEES.
Al4. 160: Accepting the bid of Square D Company, in the amount of $27,250
for one each, 2500 K.V.A. Three-Phase Padmount Transformer, in accordance with
Bid #5303.
Al5. 160: Accepting the low bid of Unocal Petroleum Products, in the amount
not to exceed $35,000 for petroleum lubricants, for a period of one year
commencing September 1, 1994, in accordance with Bid #5296.
Al6. 160: Accepting the bid of Aratex, Incorporated, in an amount not to
exceed $60,000 for uniform rental, dry cleaning and laundry service as
required (for the Facility Services Department at the Convention Center) for
the period September 1, 1994 through August 31, 1995, in accordance with Bid
#5286.
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City Hall, Anaheimt California - COUNCIL MINUTES - SEPTEMBER 13, 1994 - 5:00 P.M.
A17. 160: Accepting the low bid of The Okonite Company, in an amount not to
exceed $87,486 for 20,000 feet of 15KV U.R.D. power cable, in accordance with
Bid ~5291.
A18. 160: Accepting the low bid of The Okonite Company, in an amount not to
exceed $136,536.75 for 10,000 feet of 1000 KCMIL Tree Retardant 15 KV Cable,
in accordance with Bid ~5292.
Al9. 160: Accepting the low bid of Roto Industries, Inc., in an amount not
to exceed $168,000 for an estimated 1,680 sixty gallon containers, and 1,525
one hundred gallon containers, on an as-needed basis, in accordance with Bid
~5298.
Jeff Kirsch, 2661 W. Palais, Anaheim. He asked whether the purchasing people
had considered the possibility of involving this purchase or project in the
recycling development area proposed or implemented in East Anaheim.
city Manager Ruth. Tom Wood, Deputy City Manager could probably meet with
Mr. Kirsch and review that question with him relative to the trash barrels.
A20. 160: Authorizing the Purchasing Agent to negotiate and issue purchase
orders, as required, in an amount not to exceed $350,000 for diesel and
unleaded fuel for City vehicles.
A21. 105: Approving the Rules of Order of the Telecommunications Policy
Committee, adopted by the Committee at their first meeting of August 30, 1994.
A22. 123: Approving the Revenue Sharing Agreement with the City of Stanton
pertaining to Pick Your Part.
A23. 184: Ratifying the Fifth Proclamation of the Existence of a Local
Emergency issued by the Director of Emergency Services on September 6, 1994,
concerning the Santiago Landslide and Pegasus Landslide in the City of
Anaheim, and taking no action to terminate the local emergency at this time.
A24. 123: RESOLUTION NO. 94R-218: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AMENDMENT TO
COOPERATION AGREEMENT NO. 82 FOR RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS WITH THE
ANAHEIM REDEVELOPMENT AGENCY.
A25. 123: RESOLUTION NO. 94R-219: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF COOPERATION AGREEMENT
NO. 83 FOR PUBLIC IMPROVEMENTS WITH THE ANAHEIM REDEVELOPMENT AGENCY.
A26. 123: Approving the Lease Agreement by and between the City of Anaheim
Job Training Program Division and Wood Bridge Village, Ltd., for a period of
three years, with two three-year options, to relocate the JTP Re-employment
~rvice~ Cen~r: and authoriz£ng the Community D~velopm~nt D£r~ctor to ~x~cut~
said lease.
A27. 123: Approving the Second Amendment of Purchase and Sale Agreement and
Escrow Instructions between the City of Anaheim and SGF for acquisition of
property for the Anaheim Auto Center, and authorizing the Executive Director
of Community Development to execute said Amendment; and Amending the FY 94/95
budget to increase revenues by $340,000 and expenditures by $71,000 in Fund
No. 208.
537
City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 13, 1994 - 5:00 P.M.
A28. 153: RESOLUTION NO. 94R-220: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ESTABLISHING EMERGENCY MEDICAL DISPATCHER CERTIFICATION PAY
FOR CERTAIN UNREPRESENTED PART-TIME CLASSIFICATIONS.
(Fire Department - effective July 1, 1994.)
A29. 123: Approving Master Consultant Agreements with Anthony and Langford,
Willdan Associates and RJM Design Group for professional services on capital
projects.
A30. 123: Approving a First Amendment to an Agreement with Gordon's
Irrigation Consulting, in an amount not to exceed $24,000 to update and revise
the plans and specifications for the Anaheim Hills Golf Course Irrigation
System.
A31. 123: Approving an Agreement with Pacific Equipment and Irrigation,
Inc., at a cost of $20,055 per month for lease/maintenance of turf equipment
for the golf courses and the Stadium playing field, on a month-to-month basis
until such time as new equipment can be acquired.
A32. 123: Approving the Deer Canyon Park Acquisition Agreement, and
authorizing the Mayor to sign the Agreement; and authorizing the City Manager
to execute all escrow and other documents necessary to complete the
acquisition.
A33. 123: Approving an Agreement with the Digital Equipment Corporation for
service on computer equipment, in the amount of $596 per month for the period
of August 1, 1994 through July 31, 1995; and authorizing the Library Director
to execute said agreement on behalf of the City.
A34. 123: Approving Agreements with Marcive, in an amount not to exceed
$1,400 for cataloging records for all government documents, and authorizing
the Library Director to execute said agreements on behalf of the City of
Anaheim.
A35. 113: RESOLUTION NO. 94R-221: 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)
A36. 123: Approving an Assignment of Lease, a Waiver and Consent by Lessor
of Real Property, and a Landlord's Consent and Waiver of Lien between the City
of Anaheim and The Hendrick Automotive Group (Canyon Acura and Canyon Honda)
pertaining to the lease of City property located at 8375 and 8323 E. La Palma
Avenue.
A37. 175: Ratifying the Public Utilities General Manager's action in
executing the ballot for accepting plans of reorganization in the Chapter 11
Bankruptcy Cases of American Pacesetter, Pacesetter Business Properties and
Pacesetter Homes, Inc., on behalf of the City of Anaheim; and authorizing the
Public Utilities General Manager to execute necessary documents to accept the
offered settlement of the outstanding debt.
A38. 123: Approving the renewal of three License Agreements with Southern
California Edison Company, authorizing the annual payment of $300 for lines
built on SCE right-of-way, for a term of five years through June 1999; and
authorizing the Public Utilities General Manager to execute said Agreements.
538
City Hallt Anaheim, california - COUNCIL MINUTES - SEPTEMBER 13, 1994 - 5~00 P.M.
A39. 156: RESOLUTION NO. 94R-222: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE AN
APPLICATION FOR A GRANT FROM THE STATE OFFICE OF TRAFFIC SAFETY FOR THE
PURCHASE OF TWO MOBILE RADAR DISPLAY TRAILERS EQUIPPED WITH COMPUTER TRACKING
CAPABILITY AND FOUR HAND-HELD RADAR DEVICES.
A40. 173: RESOLUTION NO. 94R-223: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM SUPPORTING THE REQUEST TO THE CALIFORNIA TRANSPORTATION
COMMISSION FOR GRANT FUNDS AWARDED IN THE 1994-1995 TRANSIT CAPITAL
IMPROVEMENT PROGRAM APPLICATION.
A41. 114: Approving minutes of the Anaheim City Council meeting held
July 19, 1994.
Roll Call Vote on Resolution Nos. 94R-218 throuqh 94R-223, both inclusive, for
adoption=
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Pickler, Hunter
None
Simpson, Daly
The Mayor declared Resolution Nos. 94R-218 through 94R-223, both inclusive,
duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
ITEMS B1 - B5 FROM THE PLANNING COMMISSION MEETING OF AUGUST 22, 1994
INFORMATION ONLY - APPEAL PERIOD ENDS SEPTEMBER 13~ 1994
Bi. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3706 AND
NEGATIVE DECLARATION:
OWNER: Shell Oil Co., 511 N. Brookhurst, Anaheim, CA 92803
AGENT: Service Station Services, 3 Hutton Center Drive, Ste. 711, Santa
Ana, CA 92707
LOCATION: 3125 E. Orangethorpe Avenue. Property is approximately 0.53
acre located at the northeast corner of Orangethorpe Avenue and Kraemer
Boulevard.
To permit a 372-square' foot convenience market within an existing
service station.
ACTION TAKEN BY THE PLANNING COMMISSION:
WITHDRAWN by the applicant.
B2. 179: CONDITIONAL USE PERMIT NO. 1890 AND NEGATIVE DECLARATION:
OWNER: Frank R. Krogman, 507 Buena Vista, San Clemente, CA 92672
AGENT: Peking China B0wl Restaurant, 2610 W. La Palma Avenue, Anaheim,
CA 92801
LOCATION: 2610 West La Palma Avenue. Property is approximately 2.7
acres located south and west of the southwest corner of La Palma Avenue
and Magnolia Avenue
Amendment or deletion of a condition of approval pertaining to the time
limitation of a previously-approved restaurant with on-premise sale and
consumption of beer and wine.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved request by deleting Condition No. 2 of Resolution No. PC78-227
(CUP NO. 1890) (5 yes votes, 2 absent).
Negative Declaration previously approved.
539
City Hall, ~,,-heim, Californla- COUNCIL MINUTES- SEPTEMBER 13r 1994 - 5;00 P.M.
B3.
179: VARIANCE NO. 4261, CATEGORICALLY EXEMPT, CLASS 11:
OWNER: World Savings, 1901'Harrison, 8th Floor, Oakland, CA 94612
AGENT: Mike Ehnke, Care of Landmark Graphics, Inc., P.O. Box 9170,
Stockton, Ca 95208
LOCATION: 191 South Imperial Highway. Property is approximately 0.85
acre located at the northwest corner of Avenida Bernardo and Imperial
Highway.
Waiver of maximum number of wall signs to construct a 44-square foot
wall sign.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4261 GRANTED (PC94-112) (5 yes votes, 2 absent).
REPORTS AND RECOMMENDATIONS~
B4. 134: GENERAL PLAN CONFORMITY:
LOCATION: 900 East Vermont Avenue.
Request to determine conformance with the Anaheim General Plan for the
proposed lease of office space for the County of Orange Social Services
Agency.
ACTION TAKEN BY THE PLANNING COMMISSION:
Motion for conformance failed to carry (2 yes votes, 3 no votes, and 2
absent).
Mayor Pro rem Hunter asked if there was anybody in the audience present on
this item. (A number of people raised their hands.) He thought there would
be interest but noted this is not a public hearing item. He would like the
City Attorney to explain the matter, why it is on the agenda and what is
occurring. He would assume those present in the Chamber audience are in
opposition to the welfare office being moved from its present location to
Vermont Street.
City Attorney White. The provisions of State law require that prior to
establishing a new use in any city, the County is required to advise the
Planning agency of that City of the proposed use and ask for consent whether
the use does or does not comply to the City's general plan. The law further
provides that the County is not obligated to follow the advice of the City -
whether it approves or disapproves or finds that the plan does or does not
comply with the City's General Plan. The County can still establish that use
if it so chooses. The Planning Commission failed to find that it complied
with the City's General Plan on a vote of 2 ayes, 3 noes and 2 Commissioners
absent. If no action is taken by the Council, the decision of the Planning
Commission simply carries forward. At any time in the future, the County has
the option to go back to the Planning Commission and ask for another
determination especially since the full Commission did not vote on the matter.
The City Council cannot hold a hearing tonight nor i~ there a provi~£on to
authorize a hearing. The County is authorized to proceed as it sees fit
regardless of the Council's decision or go back to the Planning Commission and
ask for another determination at a future time.
Mayor Pro Tem Hunter. The Planning Commission voted that this particular use
on Vermont does not comply with the General Plan of the City. It does not
mean that the County is going to go ahead with the project or they have given
up in putting it there. The fact that people are present in opposition is
duly noted and the County Supervisor of the Fourth District, Bill Steiner will
be made aware of that opposition. The Council knows where the residents
stand. He asked if there was a petition from the residents.
540
City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 13, 1994 - 5:00 P.M.
Debra Jones, 1260 Brian Avenue, Patio Homes, corner of Vermont and
East Street - thereupon submitted a petition in opposition
containing approximately 61 signatures which she explained were
gathered in only 3 hours just from their complex.
Mayor Pro Tem Hunter. The petitions will be sent to County Supervisor Steiner
so that he is fully aware of the opposition to the establishment of the
welfare office at the proposed location. He believes other sites have been
suggested as well and are being investigated in industrial areas as opposed to
downtown.
B5. 179: PROPOSED CODE AMENDMENT PERTAINING TO SERVICE STATIONS WITHIN THE
CANYON INDUSTRIAL AREA:
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended that the City Council adopt ordinance with revisions.
ORDINANCE NO. 5449 - INTRODUCTION: Adding Subsection .620 to Section
18.61.050 of Chapter 18.61 of Title 18 of the Anaheim Municipal Code relating
to automobile service stations.
Council Member Hunter offered Ordinance No. 5449 for first reading.
ORDINANCE NO. 5449: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SUBSECTION
.620 TO SECTION 18.61.050 OF CHAPTER 18.61 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO AUTOMOBILE SERVICE STATIONS.
END OF THE PLANNING COMMISSION ITEMS FROM AUGUST 22, 1994
B6. 179: ORDINANCE NO. 5447 FOR ADOPTION: Amending Title 18 to rezone
property under Reclassification No. 90-91-07 located at 3010 Lincoln Avenue
from the CH zone to the CL zone. (Introduced at the meeting of August 23,
1994, Item B13.)
Council Member Pickler then posed questions relative to the definition of
CH (Commercial Heavy) and CL (Commercial Light) and where such zones existed.
The questions were answered by the Planning Director Joel Fick.
At the conclusion of discussion, Council Member Pickler stated if the Planning
Director feels CH is something from the past that they may want to change but
a business is operating under CH and they want to expand, what would occur.
Joel Fick. Planning staff has been aggressively working with the Planning
Commission in changing the zones. A number of those zones throughout the City
have already been changed. They can take his (Pickler's) comments and look at
all the other CH zones that exist and perhaps review those sites with the
Planning commission.
Council Member Hunter offered Ordinance No. 5447 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 5447: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Reclassification No. 90-91-07, located at 3010 Lincoln Avenue from the CH
zone to the CL zone.)
541
City Hallt Anaheim, California - COUNCIL MINUTES - SEPTEMBER 13, 1994 - 5:00 P.M.
Roll Call Vote on Ordinance No. 5447 for adcption~
AYES: COUNCIL MEMBERS: Feldhaus, Pickler, Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Simpson, Daly
The Mayor declared Ordinance No. 5447 duly passed and adopted.
Cl. COUNCIL COMMENTS: There were no Council Comments.
C2. 112: REPORT ON CLOSED SESSION ACTIONS: City Attorney White stated that
there are no actions to report.
SWEAR-IN OF THOSE TESTIFYING AT PUBLIC HEARINGS:
The City Attorney announced that it is appropriate at this time for all those
intending to testify at any or all of the public hearings including staff be
sworn in at this time.
Those testifying were requested to stand by the City Clerk and asked to raise
their right hand. The oath was then given.
D1. 185: PUBLIC HEARING - DEVELOPMENT AGREEMENT NO. 88-05, CATEGORICALLY
EXEMPT, CLASS 21:
OWNER: Terry Dickens, California Drive'in Theatres, 120 N. Robertson
Blvd., Los Angeles, CA 90048
LOCATION: The property is located at 291 North State College Boulevard,
City of Orange (Orange Drive-In Theatre). The property is approximately
6.7 acres located on the east side of State College Boulevard
approximately 570 feet south of Orangewood Avenue.
Termination of Development Agreement with California Drive-In Theaters,
Inc. for the development of one 18-story commercial office building and
a 2,843 space 6-level parking structure in Anaheim in conjunction with
two 10-story and two 18-story commercial office buildings in the City of
Orange (IDM Business Center).
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended that the City Council approve a Termination Agreement for
Development Agreement No. 88-05 and the Reimbursement Agreement for
Drainage Facilities (6 yes votes, 1 absent).
Informational item at the meeting of August 16, 1994, Item B3.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - September 1, 1994
Mailing to property owners within 300 feet - August 31, 1994
Posting of property - September 2, 1994
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated July 25, 1994.
Joel Fick, Planning Director. He summarized the petition initiated request to
terminate Development Agreement No. 88-05.
Mayor Pro Tem Hunter asked to hear from anyone who wished to speak in favor,
opposition or if there were any comments; there was no response.
Mayor Pro Tem Hunter closed the public hearing.
542
City Hallt Anaheimt California - COUNCIL MINUTES - SEPTEMBER 13, 1994 - 5:00 P.M.
Answering Council Member Pickler relative to the Drainage Facilities
Reimbursement Agreement, he explained the Development Agreement provided if
the proposed use did not go forward, there would be a penalty of $500,000
imposed upon the developer. In lieu of seeking to collect that penalty, the
developer has offered to transfer it's interest in the current Drainage
Reimbursement Agreement which is worth $777,.000 over time. When it comes into
the drainage district, that money would (without an easement to the City) go
to the drive-in theatres since they put in over $900,000 of value while they
only owed a little over $100,000 as their share. The difference of $777,000
is what they are owed from other developers. The money that now comes in,
rather than going to the drive-in theatre as the developer, would be retained
by the City and if all the property develops out, the City would end up
getting $777,000.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Council
Member Pickler, seconded by Council Member Hunter, the City Council determined
that the proposed activity falls within the definition of Section 3.01
Class 21, 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 Members Simpson and Daly were absent.
MOTION CARRIED.
Council Member Pickler offered Ordinance No. 5450 for first reading.
ORDINANCE NO. 5450 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM
APPROVING AGREEMENT TERMINATING DEVELOPMENT AGREEMENT NO. 88-05.
MOTION: Council Member Pickler moved to approve the Reimbursement Agreement
for Drainage Facilities with California Drive-In Theatres, Inc., (Lemon Street
Drainage District). Council Member Hunter seconded the motion. Council
Members Simpson and Daly were absent. MOTION CARRIED.
D2. 179: PUBLIC HEARING - CANCELLATION OF THE AGRICULTURAL PRESERVE CONTRACT
FOR THE DOUGLASS PROPERTY, AND APPROVAL OF CEQA MITIGATED NEGATIVE
DECLARATION:
The subject property is located at 1501 and 1551 South Douglass Road and is a
triangularly shaped parcel consisting of approximately 7.3 acres located on
the west side of Douglass Road between Cerritos Avenue and Katella Avenue.
The public hearing is relative to the cancellation of the Agricultural
Preserve Contract for the Douglass property and determining that the
previously approved Mitigated Negative Declaration for the Anaheim Arena Area
Public Parking Facilities is adequate to serve as the environmental
documentation for this project.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - August 30, 1994
Mailing to property owners within 300 feet - August 29, 1994
Posting of property - September 1, 1994
PLANNING STAFF INPUT:
See staff report dated September 7, 1994 to the City Manager/City Council from
the Zoning Administrator recommending that certain actions be taken in
connection with the subject cancellation.
543
City Ha11~ Anaheim, Cal£fornia - COUNCIL MINUTES - SEPTEMBER 13~ 1994 - 5:00 P.M.
City Clerk $ohl announced that letter dated September 13, 1994 from
J. Wayne Allen of Tejas Partners had been received requesting a one-week
continuance of the public hearing.
City Attorney White. It would be appropriate to open the public hearing to
determine if anyone wishes to speak and subsequently to continue the public
hearing if that is to be Council's action.
Mayor Pro Tem Hunter opened the public hearing and asked to hear from anyone
who wished to speak.
Phil Knypstra, 2520 Gelid, Anaheim. He has been following this matter from
the outset and has done his own calculations in the past which he has
submitted to the Council. He is not opposed to the property being cancelled
as an Agricultural Preserve. In the contract, the City is selling the work
done on the Planning EIR study for $80,000. He is not opposed to that either.
However, the report did not mention how much it cost the City - all direct and
indirect costs the City has spent that it is now turning around and selling
for $80,000. There is also a penalty of 12.5% of the fair market value to
cancel the Agricultural Preserve (AP). In this case, the County says it has
fair market value of $6,084,000. He got the impression the 12.5% could be
waived by the Council because in theory it could be in the best interest of
the City. He is asking if that is part of the deal. If it is, he is 100%
opposed. They knew the risk - if they opt out, they pay the price. It is not
clear if that is part of the deal.
City Attorney White. One of the petitions received from the property owners
is the re~est to waive, either in whole or in part, payments of the
cancellation fee. The amount of the fee is calculated by applying the
statutory formula of 12.5% of the cancellation value which is the fair market
value established by the County which comes to a total of $760,500. The
motion on the agenda is to certify to the County Auditor that the entire
$760,500 be paid as the cancellation fee, i.e., not to approve the request.
There are very stringent statutory findings that have to be made by the
Council to approve either in whole or in part cancellation of the fee. That
is not before the Council tonight. In one week, the applicant can make
whatever request they want to make and Mr. Knypstra and any other member of
the public that wants to submit opposition and testify or give written
information regarding that is free to do so at that time. All the Council is
doing tonight is to continue the matter for one'week.
Mayor Pro Tem Hunter. He feels the issue is going to be what the fair market
value is with the County Assessor. It is not for the Council to decide but
for the applicant and County Assessor to come up with whatever the amount is
and not the Council.
City Manager Ruth. Additionally, even if the City Council finds that it met
the criteria, the State still has the final decision. They have to go through
the Public Resources Department of the State of California.
MOTION: Council Member Feldhaus moved to continue the subject Public Hearing
for one week. Council Member Pickler seconded the motion. Council Members
Simpson and Daly were absent. MOTION CARRIED.
City Manager Ruth. Relative to the value of plans that were sold, it was
about $160,000. It was negotiated down. There was a shelved plan that the
City would have received nothing for had the City kept the plans. The City
544
City Ha11~ Anaheim, Californla - COUNCIL MINUTES - SEPTEMBER 13, 1994 - 5=00 P.M.
tried to negotiate to see if they would buy the City's plans. It was $80,000
versus nothing so the City accepted the $80,000.
ADJOURNMENT: Council Member Hunter moved to adjourn. Council Member Pickler
seconded the motion. Council Members Simpson and Daly were absent. MOTION
CARRIED. ( 6: 10 p.m. )
LEONORA N. SOHL, CITY CLERK
545