1994/10/18City Hallt Anaheimr California - COUNCIL MINUTES - OCTOBER 18r 1994 - 5:00 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Daly
COUNCIL MEMBERS: Hunter
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
FIRE MARSHAL: Gary Wilder
PLANNING DIRECTOR: Joel Fick
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 1:15 p.m. on October 14, 1994 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Daly called the meeting to order at 3:16 p.m.
REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session noting first that there is one addition to the Closed Session items
relating to anticipated litigation and that the need to act arose after the
posting of the printed agenda.
MOTION: Council Member Pickler moved to waive the 72-hour posting provision
of the Brown Act since the need to act on the additional Closed Session agenda
item arose after the printed agenda was posted. Council Member Feldhaus
seconded the motion. Council Member Hunter was absent. MOTION CARRIED.
Item No. 5 was thereupon added to the Closed Session agenda 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, including Item
No. 5 which was just added to the agenda:
1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - EXISTING LITIGATION:
Name of case: Gannett Outdoor Advertising v. City of Anaheim,
Orange County Superior Court Case No. 71-24-29.
2. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - EXISTING LITIGATION:
Name of case: Escobar v. City of Anaheim, Orange County Superior
Court Case No. 71-35-97.
LIABILITY CLAIMS
Claimant: Linda Hicks
Agency claimed against:
City of Anaheim
LIABILITY CLAIMS
Claimant: Charles Andis, Sr.; Charles Andis, Jr.,; Julie Andis;
Paul Andis; and Jean Quiby
Agency claimed against: City of Anaheim
Conference with Legal Counsel relating to anticipated litigation
- possible initiation of litigation pursuant to Government Code
Section 54956.9 (c).
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City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 18, 1994 - 5~00 P.M.
RECESS: Council Member Daly moved to recess into Closed Session. Council
Member Pickler seconded the motion. Council Member Hunter was absent. MOTION
CARRIED. (3:17 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present with the exception of Council Member Hunter, and welcomed those
in attendance to the Council meeting. (5:09 p.m.).
INVOCATION: Reverend John P. Lenihan, St. Boniface Church, gave the
invocation.
FLAG SALUTE: Council Member Irv Pickler led the assembly in the Pledge of
Allegiance to the Flag.
119: PRESENTATION - RECOGNIZING ANAHEIM AS RECIPIENT OF A SPECIAL ACHIEVEMENT
AWARD FOR 1994: Recognizing the City of Anaheim as recipient of a Special
Achievement Award for 1994 from the International Downtown Association.
Lisa Stipkovich, Executive Director of Community Development stated it was her
pleasure to present the subject award to the Council. She was the one who
officially accepted it on September 20, 1994 at the Conference of the
International Downtown Association. It is a Special Achievement Award given
to Anaheim and E1 Basani and Logan, Architects for the Project Alpha Downtown
Anaheim for "Superior Contributions in Downtown Revitalization". She thanked
the Council and City Manager for their support of the Redevelopment Project
along with the efforts of her hard working staff.
Mayor Daly accepted the award on behalf of the City and then passed it on to
Mrs. Stipkovich who helped to draft the plan for downtown. It is an award for
which the City can be very proud.
119: PRESENTATION - CONTRIBUTIONS TO THE LIBRARY BOARD: Recognizing Jean
McClain and LaFrance Terrell for their contributions to the Library Board.
Mr. Terrell and Mrs. McClain were then applauded and commended for their many
years of service and dedication as members of the Library Board. Mayor Daly
and Council Members personally congratulated them noting that their efforts
have contributed to making Anaheim's library system one of the very finest in
the State.
119: PRESENTATION - RECOGNIZING ANAHEIM POLICE OFFICERS AS RECIPIENTS OF TMR
"DEUCE AWARD": Recognizing Anaheim Police Department Officers Paul Payne and
Brian McElahney as recipients of Mothers Against Drunk Driving "Deuce Award".
Bob Marlowe and Cari Paul of Mothers Against Drunk Driving presented
certificates to Officer Tayne and McElahney recognizing their valuable
contribution in apprehending drivers who are either alcohol or drug impaired -
Officer Tayne for the apprehension of 43 impaired drivers and Officer
McElahney for the apprehension of 63.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Daly
and authorized by the City Council:
Recognizing October 23 - 29, 1994, as Red Ribbon Week in Anaheim
Mr. Bob Decker of the Anaheim Chamber of Commerce accepted the proclamation.
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C£ty Hail, Anahe£m, Californ£a - COUNCIL MINUTES - OCTOBER 18, 1994 - 5:00 P.M.
119: THE FOLLOWING WERE RECOGNITIONS AUTHORIZED BY THE CITY COUNCIL THIS DATE
TO BE MAILED OR PRESENTED AT ANOTHER TIME:
Recognizing October, 1994, as Dental Hygiene Month in Anaheim
Recognizing October, 1994, as National Car Care Month in Anaheim
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,581,028.89 for the
period ending October 14, 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. (5:27 p.m.)
Mayor Daly reconvened the City Council meeting. (5:49 p.m.)
ADDITIONS TO THE AGENDA: There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
Shirley Lewis, 1241 N. East Street #111, Anaheim, 92805. She has previously
been to the Council meeting to explain her "horrible" experience with Life
Fleet Ambulance (see minutes of June 14, 1994). The Mayor said he would check
into the matter and have something done but nothing has been done. Ail she
wants is justice. The actions of the Life Fleet driver who was alleged to be
under the influence cost her two more days in the hospital. She has been
harassed, hassled and threatened because she has brought the matter to the
Council. She feels she should be reimbursed'the two extra days she spent in
the hospital as well as for the pain and suffering and would like to have Life
Fleet and any other company know what the driver is.
Mayor Daly. He recalled Mrs. Lewis had an unfortunate experience. He asked
the City Manager and his office to follow up on the matter.
City Manager Ruth. Fire Department staff and staff in the City Manager's
Office both met with the new owners of Life Fleet. They reviewed this case as
well as other incidents where there were concerns about their service to the
public. They were given assurance by Life Fleet that they are looking at
operations to try to turn everything around and improve their public image and
provide a higher level of service. In this particular incident, they will
investigate further to see if there is anything that can be done.
Mrs. Lewis. It is the same rhetoric she received from the new members of Life
Fleet. She has been promised that someone from the Fire Department and the
City Manager's Office would get back to her but no one has done so.
Mayor Daly. He asked the City Manager to review the matter once again and
communicate directly to Mrs. Lewis and include the Fire Department in that.
Karen Irwin, 2340 Marle Place, Anaheim. She was present last week and spoke
with regard to the contract with CSP and the Anaheim Police Department. No
one has been able to verify the contract.
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City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 18, 1994 - 5500 P.M.
City Attorney White. The City of Anaheim has a contract with CSP Inc., and a
copy can be obtained through the City Clerk's Office; Ms. Irwin stated she
will then get the contract from the City Clerk's Office.
Dave Kendrick, Member of Citizens for Action Now. He is a Save Our State
volunteer. He presented a resolution to the City Council last week in
endorsement and support of Proposition 187 and requested the matter be placed
on the agenda for tonight's meeting for Council action to either approve,
disapprove or take no stand. He does not find the item on the agenda.
Mayor Daly. They received a report from the City Attorney some time ago
summarizing what the Council asked him to do.
City Attorney'White. They did receive another request several months ago from
another individual that the City Council take a position on Proposition 187.
At that time, he made a report back to the Council indicating that taking a
position would depart from City Council past practices since the proposition
does not strictly relate to a City or Municipal Government issue but a State
and somewhat County issue. Council took no action at that time to agendize
the matter and noted that the Council has not taken a formal position on other
measures on the forthcoming statewide ballot or policy positions on any
matters. To take a position on the matter which they all recognize is
controversial and has two distinct sides would depart from the City's past
practice on taking partisan positions on matters that do not relate to the
City or cities in particular throughout California.
David Kendrick. He feels Anaheim is heavily impacted by illegal immigration.
When Dr. Gather presented this before, it was not on the ballot. Since it is
on the ballot and supported by two-thirds of the State, he thought it would be
worthy to bring it up again.
Nick Wright, 795 Ruby Lane, Anaheim. They have a problem with the Fire
Marshal in their community. He has with him some geotechnical reports and
pictures of slope areas he would like the Mayor and City Council to review.
(See letter dated July 18, 1994 from American Geotechnical regarding fire
reduction measures impacting slope processees and letter dated October 14,
1994 from Wisniewski & Associates, re: Slope Evaluation - Preliminary
Report.) Their tract is 10975 in Anaheim Hills just above the Fire Station at
Stage Coach Road. After 10 years, the Fire Department wants them to put a wet
belt around the perimeter of their tract. It could cost as much as one-half
million dollars to comply. They feel it is extremely unreasonable and
unacceptable to the community and are asking the Council to intervene.
Subsidence is their main concern and not fire. He explained the status of the
slopes concluding that adding more water would make things worse. The Fire
Department does not seem to want to take into consideration the water table
and adding more water to an area that already has natural springs in it will
cause a much larger problem in the future. They are asking the City Council
to intervene for them with the Fire Marshal. These are not new homes. Many
of the homeowners cannot afford the added expense and many would have to sell
their homes.
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City Hallr Anaheim, California - COUNCIL MINUTES - OCTOBER 18~ 1994 - 5~00 P.M.
Answering the Mayor, Mr. Wright stated as they can see in the reports, there
are alternative measures within the Anaheim Municipal Code. There are stated
natural areas that shall remain natural areas. They would like to see their
area remain natural. The original builder designed it to be a natural slope
and they wish it to continue to be natural. They did have a meeting with the
Fire Marshal and Fire Chief at a meeting with their board of directors. They
have taken extensive measures to make it more safe by doing an extensive weed
abatement. The fire station below them is only doing weed abatement all
around it. They cannot understand why the fire station does not have a green
belt and their property is adjacent to the homeowner's property but yet the
homeowners are required to have a green belt.
Mayor Daly. He asked the City Manager's Office and the Fire Department to
review the letters submitted - one from the geotechnical consultant and the
other from Wisniewski on the slopes. Perhaps another meeting could be
convened and City staff could review the materials. He asked staff that
another attempt be made for a cost effective solution that will answer
everyone's concerns and that the homeowner's association sit down again with
City staff, Fire staff and any other appropriate staff under the direction of
the City Manager to work out solutions.
Gary Wilder, Fire Marshal. He would welcome the opportunity to meet with
homeowners to try to find a solution to the problem. This is the first he has
seen of the documents submitted.
A woman from the King's Meadow Community spoke stating she has lived in King's
Meadow almost nine years and they have done almost everything the Fire
Department wants them to do. It is a wonderful area. They keep it trimmed.
To put water in the area and have erosion, she feels they are asking for
trouble. The expense is also too great. Her house is very close to the end
and she does not want to have water where they have never had a problem. She
questioned why fix the situation if it is not broken.
Ann Accordino, King's Meadow. If the cost is a half-million dollars that
means each homeowner will have to come up with cash because they will have to
be assessed if they have to have a green belt and sprinkler system installed
and each assessment will be between $4,000 and $6,000. That would be
difficult for her. (Someone from the audience clarified for the Mayor that
the half-million figure came from a landscape architect several years ago.)
She would have to either sell her house or lose her home. She does not think
that is fair. The City approved King's Meadow to be built without a green
belt. A member of the Fire Department lives in the complex and happens to be
on only one of the portions of King's Meadow that is on fill. If water is
added, it is going to slide.
Francis X. Nutto, 621 Jambolaya, Anaheim. He wrote a letter to the Chair of
the Planning Commission proposing three specific amendments to the billboard
ordinance one of which would raise money for the City. He subsequently wrote
follow-up letters to the Planning Director asking for support and also to the
Zoning Administrator to ask what was happening on the matter. He has received
one response from the Planning Commission Chairman saying "they" did not let
the Planning Commission consider the billboard issue. The Planning Director
won't talk to him and he has also not received a response from the Zoning
Administrator. He then explained for the Mayor the changes he would like to
see which were outlined in the letter submitted dated August 10, 1994.
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City H&11t Anaheimt Cal£fornia - COUNCIL MINUTES - OCTOBER 18, 1994 - 5~00 P.M.
Mayor Daly. He asked that City staff evaluate the proposal and ask the
Planning Department what it would take to implement the suggestions made.
PUBLIC COMMENTS - AGENDA ITEMS: Public input received on Item A4 (see
discussion under that item).
MOTION= Council Member Daly moved to waive reading in full of all ordinances
and resolutions to be acted upon for the Council meeting of October 18, 1994.
Council Member Pickler seconded the motion. Council Member Hunter was absent.
MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member Daly,
seconded by Council Member Pickler, 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 Daly
offered Resolution No. 94R-249 for adoption. Refer to Resolution Book.
Al. 118: The following claims were filed against the City and action taken
as recommended:
Claims rejected and referred to Risk Management:
a. Claim submitted by Jay K. Wilson for property damage sustained
purportedly due to actions of the City on or about July 28, 1994.
b. Claim submitted by John Luckett for bodily injury sustained
purportedly due to actions of the City on or about August 27, 1994.
c. Claim submitted by Allstate Insurance Co., attn: Subrogation Dept.,
Claim #6931347865 MTP, Insured: William J. Zeidlik, for property damage
sustained purportedly due to actions of the City on or about June 26,
1994.
d. Claim submitted by Deidre Lenetta Humphrey for property damage
sustained purportedly due to actions of the City on or about September 9,
1994.
e. Claim submitted by Mabel D. Lee for bodily injury sustained
purportedly due to actions of the City on or about June 29, 1994.
f. Claim submitted by Lincoln R.V. Park, attn: Roy W. Mabee, for property
damage sustained purportedly due to actions of the City on or about
September 14, 1994.
g. Claim submitted by Frank L. Reed, attn: Peggy L. Timanus, for property
damage sustained purportedly due to actions of the City on or about
August 25, 1994.
h. Claim submitted by Aki Suyenaga for bodily injury sustained
purportedly due to actions of the City on or about July 22, 1994.
i. Claim submitted by Kathleen Rossi for property damage sustained
purportedly due to actions of the City on or about August 22, 1994.
j. Claim submitted by Roberta M. Cohen for property damage sustained
purportedly due to actions of the City on or about September 9, 1994.
k. Claim submitted by W. Keith Stumpp for bodily injury sustained
purportedly due to actions of the City on or about April 3, 1994.
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City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 18~ 1994 - 5~00 P.M.
1. Claim submitted by Thanh Thai Tran, c/o Alan Rubinstein, esq., for
property damage and bodily injury sustained purportedly due to actions of
the City on or about April 28, 1994.
m. Claim submitted by Linda M. Hicks, c/o Irwin M. Fried, esq., for
property damage and bodily injury sustained purportedly due to actions of
the City on or about February 5, 1994 through August 5, 1994.
n. Claim submitted by Charles Andis, Sr., c/o Larry H. Parker, esq., for
bodily injury sustained purportedly due to actions of the City on or about
April 22, 1994.
o. Claim submitted by Charles Andis, Jr., c/o Larry H. Parker, esq., for
bodily injury sustained purportedly due to actions of the City on or about
April 22, 1994.
p. Claim submitted by Julie Andis, a minor by and through Jean Quinby,
guardian ad litem, c/o Larry H. Parker, for bodily injury sustained
purportedly due to actions of the City on or about April 22, 1994.
q. Claim submitted by Paul Andis, a minor by and through Jean Quinby,
guardian ad litem, c/o Larry H. Parker, for bodily injury sustained
purportedly due to actions of the City on or about April 22, 1994.
r. Claim submitted by Jean Quinby, c/o Larry H. Parker, for bodily injury
sustained purportedly due to actions of the City on or about April 22,
1994.
Application for leave to present late claim denied~
a. Claim submitted by Linda M. Hicks, c/o Irwin M. Fried, esq., for
property damage and bodily injury sustained purportedly due to actions of
the City on or about October, 1993 through February 5, 1994.
A2. 105: Receiving and filing minutes of the Anaheim Private Industry
Council meeting held August 25, 1994.
105: Receiving and filing minutes of the Anaheim Park and Recreation
Commission meeting held August 24, 1994.
105: Receiving and filing minutes of the Community Redevelopment Commission
meeting held August 31, 1994.
A3. 169: RESOLUTION NO. 94R-249: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE SUBMITTAL OF FIFTY-FOUR IMPROVEMENT PROJECTS TO
THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED
TRANSPORTATION FUNDING PROGRAM.
A4. 123: Approving a License Agreement for Bus Shelters with Gannett Outdoor
of Southern California, Inc., for a term of eight years. (Continued from the
meeting of October 11, 1994.)
Shirley McCracken, Vice President, Anaheim Arts Council. Several months ago
when the issue came to the Council, the Arts Council spoke against the license
agreement because no art element was included in the agreement. Since then,
an art element has been inserted into the agreement. They have not examined
the extent of it, but did speak with John Lower and a representative from
Gannett Outdoor of Southern California and were told by them an art element
had been asked for by many cities and Anaheim could be assured of having
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City Hallr Anaheim, California - COUNCIL MINUTES - OCTOBER 18, 1994 - 5~00 P.M.
participation by the youngsters and local artists in putting art works into
the shelters in between the time when certain commercials and ads expire and
there is free time. They would then work with the Arts Council to put local
art in the shelters. The Arts Council will be working with John Lower and
Gannett to see that comes about.
Mayor Daly. He thanked staff for solving a variety of problems with the item
and taking the time to include an arts element. He then asked if the contract
includes removal of any illegally placed bus benches that have been installed
without permission of the City and that Gannett will assume that
responsibility is part of the contract.
There was an indication from a staff member in the audience that that was
correct.
A5. 106: Amending the Department of Public Works Capital Improvement
Projects budget for FY 94/95 for the following projects: (1) Anaheim Plaza
Traffic Facilities Undergrounding by reallocating appropriations in revenue
account #279-412-3794-3017 (Traffic Signal Assessment Fees) and expenditure
account ~279-412-3794-7851 (Engineering Construction) by the amount of
$71,252; and (2) Hazard Elimination Safety program Intersection Improvement by
increasing appropriations in revenue account #275-412-3788-1799
(Federal/Caltrans Hazard Elimination Safety Program) and expenditure account
#275-412-3788-7851 (Engineering Construction) by the amount of $59,300
respectively.
A6. 160: Accepting the low bid of Coast Roof Company, Inc., in an amount not
to exceed $159,377 for the removal, repair, and installation of a new roof for
City Hall, in accordance with Bid #5310.
AT. 160: Accepting the low bids of Cablec Utility Cable Company, in the
amount not to exceed $69,930 for 25,000 feet of 15KV concentric URD cable, in
accordance with Bid #5306.
A8. 160: Accepting the low bid of Southern Counties Oil Company, and General
Petroleum, in an amount not to exceed $941,000 for an estimated 266,000
gallons of Diesel #2 and 651,000 gallons of Premium Unleaded Gasoline for a
period of one year beginning November l, 1994, in accordance with Bid ~5316.
A9. 160: Accepting the bid of On Line Connecting Point Computer Centers, in
the amount of $35,498 for Hewlett Packard printers and adapters -- Module 1,
for use in the Local Area Network System in the Anaheim Police Department, in
accordance with Bid #5315.
160: Accepting the bid of Western Data Group, in the amount of $29,842.05 for
Network Components -- Module 2, for use in the Local Area Network System in
the Anaheim Police Department, in accordance with Bid #5315.
160: Accepting the bid of Forbes Computer Group, Inc., in the amount of
$32,933.10 for Miscellaneous Software and Hardware -- Module 3, for use in the
Local Area Network System in the Anaheim Police Department, in accordance with
Bid $5315.
160: Accepting the bid of Compaq Computer Corporation, in the amount of
$139,533 for File Servers, Workstations, Configuration and Installation.
Computer Bay will be named the authorized Compaq reseller -- Module 4, for use
in the Local Area Network System in the Anaheim Police Department, in
accordance with Bid #5315.
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City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 18, 1994 - 5500 P.M.
Al0. 106: Amending the FY 94/95 Budget by appropriating funds in the amount
of $310,000 from the Asset Forfeiture Fund to Agency 309, for replacement and
enhancement of the Police Department's Local Area Network (LAN).
All. 156: Accepting a Federal grant of $96,409 and appropriating revenue and
expenditures into program 101-1112, Gang/Drug Prevention; and appropriating
1,801 full time and 3,120 part time work hours into program 101-1112.
Al2. 123: Approving a JTPA Agreement between the City of Anaheim and the
AUHSD, in the amount of $63,080 through the period ending September 30, 1994,
for case management and instructional services for summer youth activities;
and authorizing the City Manager to execute said Agreement and any
modifications to the Agreement.
123: Approving a JTPA Agreement between the City of Anaheim and the NOCROP in
the amount of $32,426 through the period ending September 30, 1994, for case
management and instructional services for summer youth, and authorizing the
City Manager to execute said Agreement and any modifications to the Agreement.
Al3. 184: Reviewing the need for continuing 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.
Al4. 105: Approving amendments to the Articles of Incorporation and Bylaws
of City of Anaheim (California) Stadium, Inc., to authorize a reduction in the
number of directors from eleven to seven through attrition.
Al5. 123: Approving an Agreement with Transphase Systems, Inc., for the
installation of a thermal energy storage system to serve the Anaheim
Convention Center, Halls C, D, and E.
Al6. 106: Authorizing the increase of the FY 94/95 Police Cash Discovery
Revenue Account, 101-309-2252-5139, by $35,000 to $63,000 and the FY 94/95
Police Department, Field and Plant Equipment, expenditure account,
101-309-2252-2252-9705, by $35,000 for the purpose of funding the expansion
construction of the evidence storage freezer and required shelving.
Roll Call Vote on Resolution No. 94R-249 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Simpson, Pickler, Daly
None
Hunter
The Mayor declared Resolution No. 94R-249 duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED. (All ayes, Council Member Hunter
was absent.)
Al7. 130: CONTINUED PUBLIC HEARING - CABLE TELEVISION - REGULATION OF RATES
AND SERVICES:
At their meeting of March 22, 1994 the City Council considered approval of an
Agreement with Multivision Cable TV for an extension of time for consideration
of the proposed rates and charges for the basic cable service tier until
June 15, 1994. The City Council opened the public hearing and subsequently
continued the hearing to June 14, 1994 and also extended the Agreement to
June 15, 1994. At their meeting of June 14, 1994, the Council again continued
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the public hearing on rates to August 23, 1994 and subsequently continued the
matter to this date. (See minutes those dates.)
Submitted was report dated October 18, 1994 from the Intergovernmental
Relations Officer Kristine Thalman recommending that the Council adopt a
resolution directing the Cable Television Operator to keep an accurate account
of all amounts received by reason of the rates in issue and on whose behalf
such amounts were paid and subsequently to continue the public hearing
regarding regulation of rates and services to January 24, 1995.
Kristine Thalman, Intergovernmental Relations Officer. She is asking that the
City Council again continue the public hearing to consider Multivision's rate
structure and to also approve the proposed resolution. It was hoped that the
FCC would issue their decision some time in October of this year but it has
not come forward with regard to the "a la carte" or super basic cable package
pricing. It will be some time after the November elections when a decision
will be issued by the FCC, thus the request for a continuance until
January 24, 1995.
Mayor Daly. He noted that the public hearing was previously opened and asked
if anyone wished to speak at this time; there was no response.
MOTION: Council Member Daly moved to continue the public hearing on cable
television regulation of rates and services to January 24, 1995. Council
Member Simpson seconded the motion. Council Member Hunter was absent. MOTION
CARRIED.
Council Member Daly offered Resolution No. 94R-250 for adoption, directing the
Cable Television Operator to keep an accurate account of all amounts received
by reason of the rates in issue and on whose behalf such amounts were paid.
Refer to Resolution Book.
RESOLUTION NO. 94R-250: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DIRECTING THE CABLE TELEVISION OPERATOR TO KEEP AN ACCURATE ACCOUNT OF
ALL AMOUNTS RECEIVED BY REASON OF THE RATES IN ISSUE AND ON WHOSE BEHALF SUCH
AMOUNTS WERE PAID.
Roll Call Vote on Resolution No. 94R-250 for adoptions
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Simpson, Pickler, Daly
None
Hunter
The Mayor declared Resolution No. 94R-250 duly passed and adopted.
ITEM BI FROM THE ZONING ADMINISTRATOR MEETING OF SEPTEMBER 29, 19942
DECISION DATE: OCTOBER 6, 1994 INFORMATION ONLY - APPEAL PERIOD ENDS
OCTOBER 21, 1994
B1. 179: CONDITIONAL USE PERMIT NO. 3720 AND NEGATIVE DECLARATION:
OWNER: Robert K. & Mary Wong, 1020 N. Batavia, Ste B, Orange CA 92667
AGENT: Sand D. Associate, Attn: Stephen Wong, 1020 N. Batavia, Ste B,
Orange, CA 92667
Feeroz Tahvildari, P.O. Box 2125, Norwalk, CA 90650
LOCATION: 2622 West La Palma Avenue. Property is approximately 0.72
acre, having a frontage of approximately 130 feet on the south side of
La Palma Avenue, having a maximum depth of approximately 242 feet and
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being located approximately 280 feet west of the centerline of Magnolia
Avenue.
To permit on-premise sale and consumption of beer and wine in
conjunction with an existing full-service restaurant.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
CUP NO. 3720 APPROVED (ZA DECISION NO. 94-28).
Approved Negative Declaration.
END OF THE ZONINO ADMINISTRATOR ITEMS.
ITEMS B2 - B9 FROM THE PLANNING COMMISSION MEETING OF OCTOBER 3~ 1994
INFORMATION ONLY - APPEAL PERIOD ENDS OCTOBER 25~ 1994
B2. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3669 AND
NEGATIVE DECLARATION:
OWNER: Manuel Garcia and Rudy A. Balderrama, 1200 S. Highland Ave.,
~108, Fullerton, CA 92632
LOCATION: 606 East Orangewood Avenue. Property is approximately 0.34
acre located on the south side of Orangewood Avenue and approximately
156 feet west of the centerline of Spinnaker Street and further
described as 606 E. Orangewood Avenue.
To permit a church with waiver of minimum setback for institutional uses
adjacent to residential zone boundaries and maximum structural height
adjacent to residential zones.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3669 GRANTED (PC94-130) (4 yes votes, 3 absent).
Approved waiver of code requirement.
Approved Negative Declaration.
B3. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3719 AND
NEGATIVE DECLARATION:
OWNER: Canyon Plaza Shopping Center, Attn: James E. Dobrott,
3146 Redhill Ave., Ste. 150, Costa Mesa, CA 92626
AGENT: Essex Realty Management, Attn: Bettina Scholar, 3146 Redhill
Ave., Ste 150, Costa Mesa, CA 92626
LOCATION: 5717 E. Santa Ana Canyon Road. Property is approximately
8.06 acres located at the northeast corner of Santa Ana Canyon Road and
Imperial Highway.
To permit the on-premise sale and consumption of alcoholic beverages in
conjunction with a semi-enclosed restaurant/public dance hall with
outdoor dining area with waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3719 GRANTED (PC94-131) (4 yes votes, 3 absent).
Approved waiver of code requirement.
Approved Negative Declaration.
B4. 179: CONDITIONAL USE PERMIT NO. 3545 AND NEGATIVE DECLARATION:
OWNER: Lederer-Anaheim Ltd., 1990 Westwood Blvd., 3rd Floor, Los
Angeles, CA 90025
AGENT: John Schroeder, 1440 $. Anaheim Blvd., Anaheim, CA 92805
LOCATION: 1440 South Anaheim Boulevard. Property is approximately 14.7
acres located at the north east corner of Cerritos Avenue and Anaheim
Boulevard
To delete or to approve modification to a condition of approval
pertaining to the time limitation of a previously approved batting cage
and outdoor stereo/alarm installation facility and to permit window
tinting and tire and rim installation in addition to the previously
approved uses.
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City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 18, 1994 - 5=00 P.M.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3545 GRANTED, as readvertised, for a period of one year (to
expire 9/21/95) (4 yes votes, 3 absent).
Approved Negative Declaration.
B5. 179: CONDITIONAL USE PERMIT NO. 3675 AND NEGATIVE DECLARATION:
OWNER: Glendale Federal Savings and Loan Association, 201 W. Lexington
Drive, 5th Floor, Glendale, CA 91203
AGENT: David R. Jackson, Exec. Director, c/o Fairmont Private School,
1557 W. Mable Street, Anaheim, CA 92802
LOCATION: 2200 West Sequoia Avenue. Property is approximately 1.43
acres located on the west side of Sequoia Avenue and approximately 130
feet west of the Centerline of Brookhurst Street.
Amend conditions of approval pertaining to maximum number of teachers
and minimum number of parking spaces for a previously approved private
educational facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
APPROVED amendment to conditions of approval for CUP NO. 3675 (PC94-133)
(4 yes votes, 3 absent).
Approved Negative Declaration.
B6. 179: CONDITIONAL USE PERMIT NO. 3511 AND NEGATIVE DECLARATION:
OWNER: Rreef USA Fund II, Inc., 1630 E. Sunkist, #A, Anaheim, CA 92806
AGENT: Stadium Vineyard Fellowship, 1531 S. Sinclair St., Anaheim, CA
92806.
LOCATION: 1531 S. Sinclair Street. Property is approximately 0.89
acres located on the west side of Sinclair Street and approximately 410
feet south of the centerline of Cerritos Avenue and further described as
1531 South Sinclair Street. (Stadium Vineyard Christian Fellowship)
To delete or modify a condition of approval pertaining to a time
limitation for a previously-approved church.
ACTION TAKEN BY THE PLANNING COMMISSION:
APPROVED amendment to condition of approval for CUP NO. 3511 - that
subject use permit shall terminate on October 1, 1999, in conjunction
with the current lease for the approved church (PC94-134) (3 yes votes,
3 absent, and I abstained).
Negative Declaration previously approved.
B7. 179: CONDITIONAL USE PERMIT NO. 1144 AND NEGATIVE DECLARATION:
OWNER: California Drive-in Theatres, 2150 S. State College Blvd.,
Anaheim, CA
AGENT: Pacific Theaters Realty Corporation, Attn: A. Terrance Dickens,
Vice President, 120 N. Robertson Blvd., Los Angeles, CA 90048
LOCATION: 2150 South State College Boulevard. (Orange Drive-In
Theater). Property is approximately 7.55 acres located south and east of
the southeast corner of Orangewood Avenue and State College Boulevard
Petitioner requests to preserve entitlement to retain an existing
parking lot in conjunction with an existing swap meet facility located
on an adjacent property within the City of Orange.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 1144 GRANTED (PC94-135) (4 yes votes, 3 absent).
Negative Declaration previously approved.
B8. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3721 AND
NEGATIVE DECLARATION:
OWNER: C. Darle Hale, Trustee, 3910 E. Coronado Street, Ste. B,
Anaheim, CA 92807
AGENT: Bruce Witkin, 3620 E. Miraloma, Anaheim, CA 92806
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City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 18, 1994 - 5:00 P.M.
LOCATION: 3627 East Miraloma Avenue. Property is approximately 0.52
acre located on the north side of Miraloma Avenue and approximately 355
feet east of the centerline of Tustin Avenue.
To permit an automotive repair and body shop with waiver of minimum
number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3721 GRANTED (PC94-136) (4 yes votes, 3 absent).
Approved Negative Declaration.
REPORT AND RECOMMENDATION ITEMS~
B9. 179: CONDITIONAL USE PERMIT NO. 3701 - REVIEW AND INTERPRETATION OF A
CONDITION OF APPROVAL:
REQUESTED BY: Doug Browne, P.O. Box 18021, Anaheim, CA 92807
LOCATION: 6270 E. Santa Ana Canyon Road.
Petitioner requests the review and interpretation of a condition of
approval pertaining to a performance bond for the removal of a temporary
trailer for Conditional Use Permit No. 3701 (to permit a child day care
facility within two temporary trailers).
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined that a $3,000 bond is sufficient for the removal or
demolition of the temporary trailer (PC94-137) (4 yes votes, 3 absent).
END OF THE PLANNING COMMISSION ITEMS.
B10. 179: ORDINANCE NO. 5458 FOR ADOPTION: Amending Title 18 to rezone
property under Reclassification No. 94-95-02 located at 874 South Anaheim
Boulevard from the RM-1200 zone to the CL zone. (Introduced at the meeting of
October 11, 1994.)
Council Member Pickler. He has no problem going from RM to CL but he
questioned what happened to the homes that become CL and did they stay that
way forever.
Annika Santalahti, Zoning Administrator. In instances where they are
intending to retain the dwelling unit, it may retain under the residential
use. If converted to commercial, there are a number of uses that may be
permissible but have to comply with appropriate codes and parking. Generally
speaking, these items are the result of another zoning action that
necessitates rezoning of the property to develop it with a commercial
building. This was a CUP with some type of retail use.
Council Member Pickler. His concern is all the little places that start
developing and they stay that way for years. He would like to see something
done with the idea of cleaning up an area. He asked if this is part of a
redevelopment area.
Annika Santalahti. She confirmed that it was and felt it would be looked at
in some fashion.
Mayor Daly. That is a good point and he feels it can be discussed with
Redevelopment.
Council Member Pickler. He reiterated his concern that they not tie their
hands in the future where the City then has to buy a piece of property and pay
extra money for that property.
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City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 18, 1994 - 5~00 P.M.
Council Member Daly offered Ordinance No. 5458 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 5458: 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. 94-95-02 located at 874 South Anaheim Boulevard from the
RM-1200 zone to the CL zone.)
Roll Call Vote on Ordinance No. 5~58 for adoptions
AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Daly
NOES: COUNCIL MEMBERS: Pickler
ABSENT: COUNCIL MEMBERS: Hunter
The Mayor declared Ordinance No. 5458 duly passed and adopted.
D1. 179: CONTINUED 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 Douglas 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
This matter was first heard on September 13, 1994 when the public hearing was
opened and continued from the meetings of September 13, September 20,
September 27 and October 4, 1994 to this date as requested by Tejas Partners.
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.
City Clerk Sohl. She has received communication from the Attorney of Tejas
Partners, Mr. J. Wayne Allen requesting an additional two weeks continuance to
November 1, 1994.
City Attorney White. Subsequent to receiving the letter from Mr. Allen staff
received another call from him indicating he would like a continuance for
three weeks to November 8, 1994 and indicated he was hopeful the matter would
be resolved by that date.
MOTION: Council Member Daly moved to continue the subject public hearing to
Tuesday, November 8, 1994. Council Member Feldhaus seconded the motion.
Council Member Hunter was absent. MOTION CARRIED.
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City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 18, 1994 - 5:00 P.M.
D2. 179: PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT
NO. 3714 AND MITIGATED NEGATIVE DECLARATION:
OWNER: IDM Apartment Corporation, One World Trade Center, Long Beach,
CA 90801
AGENT: Penhall Co., Attn: Dick Reel, P.O. BOX 4609, Anaheim, CA 92801
LOCATION/REQUEST: The property is located at 714 North Brookhurst
Street and is approximately 7.16 acres located at the northeast corner
of Brookhurst Street and Grammercy Avenue. The request is to permit a
road base processing facility with on site rock crushing and a temporary
office trailer with waiver of minimum site screening.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3714 GRANTED, to expire in five years on September 7, 1999
(PC94-125) (6 yes votes, 1 absent).
Approved waiver of code requirement.
Approved Mitigated Negative Declaration.
HEARING SET ON: A letter appealing the decision of the Planning Commission
was submitted by J. Bennett Friedman, Levinson, Miller, Jacobs & Phillips on
behalf of QRE Holding Company and public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - October 6, 1994
Mailing to property owners within 300 feet - October 5, 1994
Posting of property - October 7, 1994
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated September 7, 1994.
City Clerk Sohl. She announced that the attorneys for the appellant,
Levinson, Miller, Jacobs & Phillips in their letter dated October 6, 1994
submitted a request for 30 day continuance on the public hearing. (The
appellant is QRE Holding Company.)
Joel Fick, Planning Director. Staff has been in contact with both the
applicant and the appellant. The appellant indicated they would desire an
opportunity to meet with the project proponents and discuss the proposal with
the goal in mind of working out a solution to their concern during the next 30
days.
MOTION: Council Member Feldhaus moved to continue the public hearing to
Tuesday, November 15, 1994. Council Member Simpson seconded the motion.
Before a vote was taken, Mayor Daly stated he would like to ask both of the
parties involved if this is still their desire on this item.
Phil $chwartze, representing the appellant. He believes they can resolve the
issues by having an opportunity to get the principals of both sides together
and to do that within the 30 day timeframe. They do hope to get the matter
resolved.
Mayor Daly. It is the concern in his discussion with staff that they act in a
timely manner so that the I-5 construction timetables are not affected.
Phil Schwartze, they will be back in 30 days.
A vote was then taken on the foregoing motion to continue the matter to
November 15, 1994. Council Member Hunter was absent. MOTION CARRIED.
Cl. COUNCIL COMMENTS: There were no Council comments.
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City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 18, 1994 - 5:00 P.M.
C2. 112: REPORT ON CLOSED SESSION ACTIONS:
City Attorney White. The City Council in Closed Session approved the
settlement of an eminent domain case - City of Anaheim vs. Gannett Outdoor
Advertising, Orange County Superior Court Case No. 71-24-29 for the sum of
$54,698 plus accrued interest. The vote was all ayes with Council Member
Hunter absent.
Mayor Daly recognized the Boy Scouts who were in the Chamber audience from
Troop 1123, Saint Anthony Claret.
ADJOURNMENT: By general Council consent the Council meeting of October 18,
1994 was adjourned. No Council meeting is scheduled for October 25, 1994, due
to the California League of Cities Annual meeting to be held in Long Beach.
(6:38 p.m.)
LEONORA N. SOHL, CITY CLERK
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