1993/01/12City Hall, Anaheim, California - COUNCIL MINUTES - JANUARY 12, 1993 - 5:00 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ASSISTANT CITY CLERK: Ann M. Sauvageau
COMMUNITY SERVICES SUPERINTENDENT: Steve Swaim
COMMUNITY SERVICES SPECIALIST: Debbie Moore
POLICE CHIEF: Joseph Molloy
ZONING ADMINISTRATOR: Annika Santalahti
PRINCIPAL CIVIL ENGINEER: Natalie Lockman
PLANNING DIRECTOR: Joel Fick
TRAFFIC AND TRANSPORTATION MANAGER: John Lower
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 4:15 p.m. on January 8, 1993 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Pro Tem Simpson called the workshop portion of the meeting of
January 12, 1993 to order at 3:07 p.m., all Council Members being present with
the exception of Council Member Hunter and Mayor Daly.
City Manager James Ruth. He introduced Steve Swaim, the City's Gang and Drug
Director who will give the first presentation on project S.A.Y. (Save A Youth)
program.
150: PRESENTATION - PROJECT S.A.Y.: Steve Swaim. He first gave an historic
overview of the program from its inception to the present and what was
accomplished since 1985 when it was determined by a study that a gang problem
existed in the City. Project S.A.Y. evolved as a result of the study through
the Ad Hoc Youth Task Force that was established in 1986. He then presented
an 8-minute video on Project S.A.Y., the first public showing of the video
which will subsequently be shown to citizen groups and service clubs.
Mayor Daly entered the Council Chamber. (3:11 p.m.)
The video entitled, "On the Scene" was shown to the Council and the Chamber
audience.
Following the video presentation, Debbie Moore, Community Services Specialist
introduced five outreach workers assigned to different sectors of the City
dedicated to gang prevention'and intervention; Police Chief Joe Molloy then
spoke on the Gang/Drug Task Force from h~s Derspect~ve; Ke£th 01e~n,
chairman, Gang and Drug Task Force reported on the "products" they were able
to bring forth by identifying existing resources and to coordinate those in
some manner to get the most effective and efficient use of those resources.
Following the foregoing presentations, Council Members posed questions on
various aspects of the gang and drug programs, funding sources and future
plans which were answered by Steve Swaim.
In concluding, City Manager Ruth stated from his perspective as a result of
the Gang and Drug Task Force, he believes there has been tremendous progress
and the greatest progress has come from active community support and
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City Hall~ ~n~hei~ California - COUNCIL MXN=OTES - JANUARY ~2~ ~993 - 5:00 P.M.
involvement. Looking at a grant that had four different agencies involved,
that is just the beginning. It shows the interest and the cooperation and the
recognition that it is a community problem. The resolution of the problem of
gang and drugs in the community requires a total community commitment. The
City Council has voted substantial increases in the City's commitment to gang
and drug prevention and this will continue to be looked at as a number one
priority. He reiterated they need that vital community support. A great job
has been done thus far but there is a lot of work yet to be done in the
future.
Mayor Daly and Council Members thanked all those involved especially the task
force who have devoted a tremendous amount of time and effort over the many
years of its existence.
City Manager Ruth. The second presentation is a legislative update to be
given by Kristine Thalman, Intergovernmental Relations Officer.
139: LEGISLATIVE UPDATE: Kristine Thalman, Intergovernmental Relations
Officer. She first submitted a page from the Los Angeles Times (Thursday,
December 31, 1992) showing the Clinton administration cabinet members. The
anticipated priority issues thus far include a jobs bill or a public works
bill to stimulate the economy, Federal Enterprise Zones, Resource Conservation
Recovery Act, clean water reauthorization and upgrading the clean water
standards, and parental leave legislation. Anaheim's congressional delegation
committee assignments have been made. She then briefed the Council on the
city's legislative representatives and their specific assignments.
Mayor Daly left the Council Chamber. (3:55 p.m.)
Relative to the Federal picture, the annual business trip to Washington, D.C.,
has been delayed to the first of April. On the State Legislative side, there
is nothing more important than the State budget. She then presented the City
of Anaheim Budget Outlook for 1993/94 Fiscal Year and Beyond (made a part of
the record) and briefed the information contained therein which was not good
news for Anaheim or cities throughout California generally considering the
7 to 14 billion dollar deficit anticipated in the State's budget this year.
Council Member Hunter entered the Council Chamber during Mrs. Thalman's
presentation. (3:57 p.m.)
At the conclusion of the presentation, discussion and questions by Council
Members followed. The presentation was then concluded.
153: APPOINTMENT OF PROGRAH DEVELOPMENT AND AUDIT MANAGER:
City Manager Ruth. He then introduced Bill Sweeney, presently the City's Golf
Operations Manager, who has been appointed as the City's new Budget and Audit
Manager replacing Ken Stone who has accepted a new position in Spokane,
Washington.
REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items:
a. To confer with its attorney regarding pending litigation
pursuant to Government Code Section 54956.9(a) to wit:
Golden West Baseball Co. vs. City of Anaheim, Orange
County Superior Court Case No. 40-92-46; Anaheim
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City Hall~ Anaheim, California - COUNCIL MINUTES - JANUARY 12, 1993 - 5.'00 P.M.
Stadium Associates vs. City of Anaheim, et. al.,
Orange County Superior Court Case No. 44-81-74.
Adams International Metals v. City of Anaheim,
Orange County Superior Court Case No. 69-97-13.
To meet with and give directions to its authorized
representative regarding labor relations matters -
Government Code Section 54957.6.
c. To consider and take possible action upon personnel
matters pursuant to Government Code Section 54957.
To confer with its attorney regarding potential
litigation pursuant to Government Code Section
54956.9 (b) (1).
To consider and take possible action upon such other
matters as are orally announced by the City
Attorney, City Manager or City Council prior to such
recess unless the motion to recess indicates any of
the matters will not be considered in closed
session.
MOTION: Council Member Simpson moved to recess into Closed Session, Council
Member Hunter seconded the motion. Council Member Daly was temporarily
absent. MOTION CARRIED. (4=12 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(5:20 p.m.).
INVOCATION: Pastor Bryan Crow, The Garden Church, gave the invocation.
FLAG SALUTE: Council Member Bob Simpson led the assembly in the Pledge of
Allegiance to the Flag.
119: PRESENTATION OF CERTIFICATES - AD HOC YOUTH TASK FORCE:
Steve Swaim, Gang and Drug Director. He would like to take this opportunity
to recognize the people who made a great contribution in assuring the success
of project S.A.Y. - the people who were there in good times and in bad. The
Ad Hoc Committee has been in existence for 6 years and some members now serve
on the new Gang and Drug Task Force. Certificates of Appreciation were then
given to the task force members for the time, effort and commitment given to
the youth and citizens of Anaheim:
Phll Aguilar, Bryan Orow, V£vian ~ngelbr~cht, ~t~v~ ~taveley, ~h~rl P£gnon~,
Joann Barnett, ~ladys Wallace, Esther Wallace, Stephanie Webb, Rick ~astil,
Marjorie Rothrock, Kurt Tiedtke, Albert Peraza, Jacquelyn Terrell,
Chris Whorton, Marissa Patterson, Daniel Flynn, Camelia Mazard, June Lowry,
Mary Hibbard, Manuel Ontiveros, Ramon Daniel, Don Dexter, Hersh Cherson,
Beverly Yourstone, George Schrader, John Haradon, Marge Pritchard, Ed Alfaro,
Lynn Smith, Mary Ann Terry, Pam Boulan, Del Wade, Jocelyn Erwin, Becky
Edmonds, Steve Jimenez, Joan Chang, Juan Carlos-Martinez, Delia Sanchez,
Duy Nguyen, Thoy Vinn Yang.
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City Hall, Anaheim, California - COUNCIL MIN~'£~.S - JANUARY 12, 1993 - 5..00 P.M.
Mayor Daly and Council Members personally congratulated and thanked each of
the members of the task force who were present for the extraordinary service
they have given to their community.
119= DECLARATION OF RECOGNITION= A Declaration of Recognition was
unanimously adopted by the City Council recognizing Jack Winland for his
efforts in cycling 8,900 miles across the country to raise awareness and funds
to help stem the tide of child abuse in America.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $6,304,598.55 for the
period ending January 8, 1993, in accordance with the 1992-93 Budget, were
approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (5=32 p.m.)
Mayor Daly reconvened the City Council meeting. (5:35 p.m.)
PUBLIC COMMENTS - AGENDA ITEMS: There were no public comments on City Council
Agenda items.
ITEMS OF PUBLIC INTEREST:
Mayor Daly. He noted that many members of the Anaheim Arts Council were
present and referred to the letter that had been sent by the Arts Council to
the City Council about 5 weeks ago, and assured those present that the request
in their letter (see letter dated December 2, 1992 from Mary Sloan, President,
Anahei/n Arts Council) will be addressed formally in writing to the Arts
Council.
Julie Mayer, 1837 W. Orange Avenue, Anaheim, Chairman, Art In Public Places
and member of the Anaheim Arts Council. The Anaheim Arts Council since 1977
has been involved in advocacy efforts to strengthen the role of the arts and
culture in community life. She is asking that the City Council join with them
in finding a future home for the arts. She thereupon submitted letters to the
Council relative to their request.
Elsie Reed, 914 Fairview Street, Anaheim, member of the Anaheim Arts Council.
She gave an historical review of the role of the Anaheim Arts Council and what
they have established in the community out of their formal facility at Horace
Mann School which is no longer available to them. At the outset, it was
supposed to be an interim building for their organization. That interim
building housed them for 20 years and now they have none. The Arts Council
should have a building of some sort in order to develop all of the volunteer
programs that are presently in the schools that the Arts Council and other
people in the area have sponsored. They need a home.
Sally White, 809 W. Broadway, Anaheim. She referred to the fact that Anaheim
is the home of a Convention Center, Stadium, national football and baseball
teams, the Arena and D£sneyland. She asked if they are ever going to have an
adequate meeting place for the Anaheim Arts Council which is homeless in
City of Anaheim.
John Craig. He has lived in Orange County for 38 years, the last 22 years in
Anaheim. He has directed plays for Community Theaters all those years. He is
basically asking the same question as Sally White, why is there no home for
the Anaheim Modjeska Players or an Anaheim Community Theatre.
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City Hall, Anaheim, California - COUNCIL MINU~rES - JANUARY 12, 1993 - 5:00 P.M.
Carol Kapitzke, Anaheim Art Association, 1114 Louise Drive, Anaheim. The
Association needs to establish an art center and gallery for the citizens of
Anaheim. They are also presently homeless. Ail the supplies and displays the
organization owns have been put in storage due to lack of a building. The
biggest regret is losing their summer outreach program. The Council's help in
establishing an art center and gallery would be appreciated by all citizens in
the community.
Eleanor Bay, immediate past president of the Arts Council, 2148 W. Grayson
Avenue, Anaheim. The Council was established by the City Council in 1977 by
ordinance. They are the liaison to the Council for all arts matters in the
City. They are the official voice of the arts groups in the community. She
finds it hard to believe that they cannot get an arts center. They have about
40 organization members some of which she briefed. The former center was a
very busy place. A new one will be just as busy. They strongly feel they
have to have an arts center in the City.
Mayor Daly. He has had conversations with some of the Arts Council members.
It is a formal advisory committee of City Government. While it serves without
any direct formal staffing, they are established to advise the Council on arts
matters and are appointed by the City Council. The December 2, letter went
into detail on a number of points - the overall need for an art center as well
as some of the opportunities that may exist for funding such a center. The
key is to have a concept and site down on paper and for all to agree on that
as a community - the best location and the best facility and whether it will
be a joint use or set aside strictly for the arts. He feels City Government
owes some kind of definite answers to the Arts Council as to what the
intentions are. He has talked with the City Manager. He then asked if
Mr. Ruth had something to add relative to funding and a site.
City Manager Ruth. Staff has worked diligently with many of the organizations
in the community and will continue to do so. He has talked with Parks,
Recreation and Community Services. They will be happy to sit down with the
Arts Council to address the needs. There are some potential opportunities if
some federal funding is made available through the Public Works bill to at
least apply for the funds in a competitive sense. It is one thing to build a
facility but there is also a concern about the on-going operating costs. He
reiterated staff will be happy to sit down with any of the groups and
specifically the cultural arts groups to identify those needs and develop an
appropriate plan and pursue funding for that plan.
Council Member Hunter posed questions relative to the availability of funding
from the Freedman Foundation~ City Manager Ruth explained that those funds are
to be utilized for progran~aing but not for capital acquisition or development.
The foundation was asked about that possibility and they were adamant their
funds not be used for building facilities.
Council Member Pickler. The Council has now heard from the Arts Council and
the City Manager has given a commitment that he will be reporting back on the
situation. He (Pickler) would like to see something in 30 or 45 days~ City
Manager Ruth. They will be happy to come back in 45 days with a report. He
reminded the Council it could not be a worse possible time for City funding,
but that does not mean they cannot put forth an effort for outside funding.
After further Council discussion relative to possible funding sources, Mayor
Daly noted the 45 day commitment from the City Manager to report back to the
Souncil on how to create a permanent arts center for Anaheim.
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City Hall~ Anahei~ California - COUNCIL MINUTES - JANUARY 12, 1993 - 5:00 P.M.
Lauren Gauthier, 101S. Avenida Felipe. She is asking that the Council
reappoint Bob Zemel to the Planning Commission. If they do not do so, she has
sent out petitions to over 100 people throughout the City. The Council might
wish to postpone their reappointments in order to listen to what the public
has to say. They can turn the situation into a positive thing by rectifying
their mistake in reappointing Mr. Zemel. She also submitted a letter to the
Council from Linda Keller who could not be present this evening. The Council
agreed since they all had a copy and it will be made a part of the record, it
would not have to also be read into the record.
Lori Hulen, 180 S. Avenida Felipe. She expressed her concern at the removal
of Bob Zemel from the Planning Commission. She explained a situation where a
project was brought before the Planning Commission where Mr. Zemel worked it
to the point where she felt it was fair and reasonable for the developer and
the neighborhood. She asked that they give back the hope that has grown that
they have people looking after the City and to represent the City in a way the
voters feel by having Mr. Zemel remain on the Planning Commission.
Connie Tamez, 2400 Katella Avenue, Anaheim. She was asked to read a letter
from someone who could not be present tonight. She thereupon read letter
dated January 11, 1993, Letters to the Editor, Los Angeles Times/Orange County
signed by Sarah Collins (sister of Steve White, former Redevelopment
Commissioner). The letter alleged collusion by three Council Members in
removing Steve White as a Redevelopment Commissioner.
Carol Garenson, 321 Old Bridge Road. She also has a letter she was asked to
read aloud by Mary L. Anderson who could not be present due to illness. The
letter admonished the Council/Mayor for what she considered improper behavior
in removing Planning Commissioner Zemel and Bristol from their commission
seats.
Mrs. Garenson then continued with her own comments regarding the concern she
also has with the Council's action in removing a person like Mr. Zemel for no
reason, a man who has helped people in the City with their concerns.
Sonja Grewal, 400 S. Canyon Ridge Drive. She is concerned with the removal of
Bob Zemel as a City Planning Commissioner. It is only once in a while that
the City gets somebody who not only has the ability to give quality public
service but also the wish to give public service. A quick decision to throw
that out hurts the public, even the people who voted for Council Member
Feldhaus and Mayor Daly. Whem they were told by one of the Council Members
that the removal of Bob Zemel was going to happen, they let people know.
Mr. Feldhaus served out his full term on the Planning Commission with no
retribution. She feels the three Council Members (Feldhaus, Pickler, Daly)
have taken them back in time. It makes no sense. They have someone who is
capable, willing and able in Bob Zemel. They hope somehow the Council will
find a way to make a good decision this evening.
MOTION: Council Member Pickler moved to waive reading in full of all
ordinances and resolutions to be acted upon for the Council meeting of
January 12, 1993. Council Member Simpson seconded the motion. MOTION
CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member
Pickler, seconded by Council Member Simpson, the following items were approved
33
City !Ia11~ Anaheim~ Californ£a - COUNCX~. HII~TT~$ - JANU]~¥ 12~ 1993 - 5:00 P.M.
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. 93R-12 through 93R-16, both inclusive, for
adoption. Council Member Pickler offered Ordinance No. 5349 for adoption.
Refer to Resolution/Ordinance 8ook.
Council Member Feldhaus posed questions on items A4, A5, A6, A8 and Al3 for
purposes of clarification which were answered by appropriate staff.
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 William Larry Ranney for property damage sustained
purportedly due to actions of the City on or about Noveng~er 19, 1992.
b. Claim submitted by Ann C. Ching for property damage sustained
purportedly due to actions of the City on or about February 1, 1992.
c. Claim submitted by Barbara Morey for property damage sustained
purportedly due to actions of the City on or about October 18, 1992.
d. Claim submitted by Anna L. and Harry S. Paddison for property damage
sustained purportedly due to actions of the City on or about November 7,
1992.
e. Claim submitted by Joseph A. Pawlowski for property damage sustained
purportedly due to actions of the City on or about November 3, 1992.
f. Claim submitted by Jennie L. Soelter for property damage sustained
purportedly due to actions of the City on or about August 11, 1992.
g. Claim submitted by Motor Car Dealers Association of Orange County, c/o
Terry L. Gimenez for indemnity sustained purportedly due to actions of the
City on or about September 3, 1992.
h. Claim submitted by Helen McLaren for property damage sustained
purportedly due to actions of the City on or about November 3, 1992.
i. Claim submitted by Steve and Virginia Grindley for property damage
sustained purportedly due to actions of the City on or about October 18,
1992.
j. Claim submitted by Doris Rigas for property damage sustained
purportedly due to actions of the City on or about November 16, 1992.
k. claim submitted by Renita R. Glover for property damage sustained
purportedly due to actions of the City on or about November 30, 1992.
1. Claim submitted by Carol Orgill for property damage sustained
purportedly due to actions of the City on or about November 3, 1992.
m. Claim submitted by Margaretha Van Tongeren, c/o Lydia Van Schaik, for
bodily injury sustained purportedly due to actions of the City on or about
June 18, 1992.
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City Hall, Anaheim, California - COUNCIL MINUTES - JANUARY 12, 1993 - 5:00 P.M.
n. Claim submitted by Gene Hetzel for property damage sustained
purportedly due to actions of the City on or about July 4, 1992.
o. Claim submitted by Delores M. Porteous for property damage sustained
purportedly due to actions of the City on or about December 3, 1992.
p. Claim submitted by Ann Louise Koehler, c/o James Brustman, for bodily
injury and property damage sustained purportedly due to actions of the
City on or about September 20, 1992.
q. Claim submitted by Paullette Cano for property damage sustained
purportedly due to actions of the City on or about June 28, 1992.
r. Claim submitted by David J. Oden for bodily injury sustained
purportedly due to actions of the City on or about December 13, 1992.
A2. 105: Receiving and filing minutes of the Anaheim Public Library Board's
meeting held October 28, 1992.
105: Receiving and filing minutes of the Anaheim Public Library Board meeting
held November 25, 1992.
140: Receiving and filing the Anaheim Public Library Monthly Statistical
Report for the month of July, 1992.
114: Receiving and filing Resolution No. 9641 of the City of Buena Park
supporting the cooperative efforts of the City of Anaheim and Disneyland in
creating the Disneyland Resort.
A3. 114: Appointing a Representative for Growth Management Area 3 (as
mandated by Measure M), which was previously held by Councilman Ehrle.
Mayor Daly. Under this item, a Council Member is to be appointed in place of
Council Member Ehrle.
MOTION: Council Member Pickler moved to appoint, Council Member Feldhaus as
representative for Growth Management Area 3 as mandated by Measure M. Council
Member Simpson seconded the motion.
The motion was acted upon in conjunction with the Consent Calendar and carried
unanimously.
A4. 151: Approving an Encroachment License Agreement (92-7E) with American
National Red Cross for a gate across the driveway at the Mother Colony House
located at 412 North West Street.
A5. 123: Approving a Cooperative Agreement with the City of Orange to
reimburse Anaheim $100,000 over a 3-year period for consultant services to
coordinate the I-5 Freeway Widening Project (from the SR-91 to $R-22); and
authorizing the Mayor and City Clerk to execute said Cooperative Agreement.
A6. 169: RESOLUTION NO. 93R-12: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL
ENHANCEMENT AND MITIGATION PROGRAM (SR 57/KATELLA AVENUE INTERCHANGE LANDSCAPE
PROJECT); AUTHORIZING THE TRAFFIC AND TRANSPORTATION MANAGER TO NEGOTIATE,
EXECUTE AND SUBMIT APPLICATIONS AND RELATED DOCUMENTS THAT MAY BE NECESSARY
FOR THE PROJECT.
35
City Ball, Anaheim, California - COUNCIL MINUTES - JANUARY 12, 1993 - 5:00 P.M.
A7. 104: To consider the formation of Street Lighting Maintenance District
No. 1991-2 (portions of Tract Nos. 238 A & B, 351 A & B and West Broadway
Tract), and setting the public hearing date and time for February 2, 1993, at
6:00 p.m., and setting the beginning of the assessment period as July 1, 1993.
RESOLUTION NO. 93R-13: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING THE REPORT OF THE SUPERINTENDENT OF STREETS FOR CERTAIN
IMPROVEMENTS TO BE MADE BY THE CITY UNDER THE STREET LIGHTING ACT OF 1931.
(Assessment District 1991-2).
RESOLUTION NO. 93R-14: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING ITS INTENTION TO MAKE CERTAIN IMPROVEMENTS UNDER THE
AUTHORITY OF THE STREET LIGHTING ACT OF 1931, DESCRIBING IMPROVEMENTS TO BE
MADE, NAMING THE STREETS UPON WHICH IMPROVEMENTS ARE TO BE MADE, REFERRING TO
THE REPORT OF THE SUPERINTENDENT OF STREETS ON FILE IN THE OFFICE OF THE CITY
CLERK, FIXING THE PERIOD OF TIME FOR WHICH THE IMPROVEMENTS ARE TO BE MADE,
AND SETTING A TIME AND PLACE FOR HEARING PROTESTS. (Assessment District
1991-2.)
AS. 123: Accepting the bid, and authorizing the execution of a contract to
The Wackenhut Corporation, in an amount not to exceed $200,868 for security
guard services for a two-year period commencing January 16, 1993, in
accordance with Bid 25109.
A9. 161: Receiving and filing correspondence from the Anaheim Redevelopment
Agency regarding the transmittal of certain documents pertaining to the
proposed Brookhurst Redevelopment Project.
AiO. 161: Receiving and filing correspondence from the Anaheim Redevelopment
Agency regarding the transmittal of certain documents pertaining to the
proposed Commercial/Industrial Redevelopment Project.
All. 140: Approving the submission of four grants to the California State
Library, in the amount of $5,000 each, in order to sponsor a "Grandparents and
Books" Program.
A12. 150: Approving the submission of a grant to the U.S. Department of
Education, in the amount of $30,713 for a 30-hour per week Project Coordinator
to provide basic literacy and "English as a Second Language" services to the
adult community.
Al3. 140: Authorizing the Library Department to accept Public Library Fund
monies, in the amount of $92,793 from the State Library; and amending the
Library budget by increasing revenue account 17-3132 and expenditure account
17-173-5125 by $92,793.
A14. 175: ORDINANCE NO. 5349 - ~2)OPTION: AN ORDINANCE OF THE CITY OF
ANAHEIM ADDING CHAPTER 10.19 TO TITLE 10 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO LANDSCAPE WATER EFFICIENCY. (Introduced at the meeting of
January 5, 1993.)
A%5. 1%$: R~$OLUTION NO. 93R-15: 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.)
A16. 123: Approving an Agreement with Orange County Council on Aging, Inc.,
in the amount of $10,000 for provision of ombudsman services to the elderly
36
c~it¥ Hall, ~-aheim, California - COUNCIL MINUTES - JANUARY 12, 1993 - 5:00 P.M.
and public awareness programs on issues concerning the treatment of the
elderly in long-term-care facilities.
Al7. 123: Approving an Intergovernmental Services Agreement with United
States Marshal's Service for housing and subsistence of adult male/female
Federal prisoners at the Police Department's detention facility.
Al8. 148: RESOLUTION NO. 93R-16: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM CONSENTING TO THE WAIVER OF NOTICE CONCERNING THE RENTAL OF
CERTAIN PROPERTY LOCATED IN THE CITY OF ANAHEIM BY THE COUNTY OF ORANGE. (To
rent two parking spaces located at 1147 North Lemon Street).
Al9. 153: Designating January 18, 1993, Martin Luther King Jr.'s Birthday,
as a City Holiday for IBEW and Police employees.
A20. 123: Waiving Council Policy 306, and approving an Agreement with Edwin
Homer, dba The Information Technology Group, in an amount not to exceed
$203,000 for a Crime Analysis Tracking System to provide the Police Department
Special Operations Division with a fully functional replacement for the
current Law Enforcement Analytical Data System.
A21. 114: Approving minutes of the City Council meeting held December 8,
1992.
A22. 123: Approving an Agreement with KaWES, in an amount not to exceed
$175,000 for Weir Canyon Road/Yorba Linda Boulevard signalization at the
91 Freeway offramps.
Roll Call Vote on Resolution Nos. 93R-12 throuqh 93R-16, both inclusive, for
adoption:
AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 93R-12 through 93R-16, both inclusive, duly
passed and adopted.
Roll Call Vote on Ordinsnce No. 5349 for adoption:
AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 5349 duly passed and adopted.
END OF CONS~lqTCALENDAR. M~TIONS CARRIED.
BOARDS AND COMMISSIONS=
A23. 105: APPOINTMENTS TO THE CITY PLANNING COMMISSION TO FILL UNSCHEDULED
VACANCIES: (Bristol term ending June 30, 1995 and Zemel term ending June 3U,
1995)
City Attorney Jack White. Answering Mayor Daly, he stated that Council rules
provided that relative to filling such vacancies, any Council Member may make
a nomination. Nominations do not require a second. Subsequently, nominations
shall be closed by a motion adopted by a majority vote. Then, the nominations
37
C£t¥ ~all~ ~nahe£n~ Cal£fo~n£a - COUNCIL MXNIJ~S - J~IU.~RY 12~ 1993 - 5:00
are voted on in the order the nominations were made and unless a motion is
made to elect by plurality, the person receiving the highest number of
affirmative votes, constituting a majority of those persons voting, excluding
abstentions, is elected to the office. He would recommend each of the
Planning Commission offices be voted on independently and that an election be
held for each of those offices separately.
Nominations were opened for the first Planning Commission seat for the term
ending June 30, 1995.
Mayor Daly nominated Mitch Caldwell for the first term ending June 30, 1995.
Council Member Hunter nominated Steve Bristol.
Council Member Pickler nominated Julie Mayer.
Council Member Feldhaus nominated Paul Bostwick.
MOTION: Council Member Pickler moved that nominations be closed, Council
Member Simpson seconded the motion. MOTION CARRIED.
A Roll Call Vote was then taken on the nominees in the order in which they
were nominated.
Mitch Caldwell - Ayes: Pickler, Daly
Noes: Feldhaus
Abstained: Simpson, Hunter
Steve Bristol - Ayes: Simpson, Hunter
Noes: Feldhaus, Pickler, Daly
Abstained: None
Julie Mayer -
Ayes: Feldhaus, Pickler, Daly
Noes: None
Abstained: Simpson, Hunter
Paul Bostwick - Ayes: Feldhaus, Daly Noes: None
Abstained: Simpson, Hunter, Pickler
Julie Mayer was thereupon appointed to the Planning Commission for the term
ending June 30, 1995.
MOTION: Council Member Simpson moved to cast a unanimous ballot for Julie
Mayer, Council Member Pickler seconded the motion. MOTION CARRIED.
Nominations were opened for the second Planning Commission seat, for the term
ending June 30, 1995.
Council Member Feldhaus nominated Paul Bostwick
council Member Hunter nominated Bob Zemel.
Council Member Pickler nominated Mitch Caldwell.
MOTION: Council Member Pickler moved that nominations be closed. Council
Member Feldhaus seconded the motion. MOTION CARRIED.
38
City Hall, Anaheim, California - COUNCIL MINUTES - JANUARY 12, 1993 - 5:00 P.M.
A Roll Call Vote was then taken on the nominees in the order in which they
were nominated.
Paul Bostw£ck - Ayes= Feldhaus Noes= None
Abstained= Hunter, Pickler, Simpson, Daly
Bob Zemel
Ayes= Simpson, Hunter
Noes= Feldhaus, Pickler, Daly
Abstained= None
Mitch Caldwell - Ayes= Feldhaus, Pickler, Daly
Noes= None
Abstained= Simpson, Hunter
Hitch Caldwell was thereupon appointed to the Planning Commission for the term
ending June 30, 1995.
MOTION= Council Member Pickler moved to cast a unanimous ballot for Mitch
Caldwell, Council Member Feldhaus seconded the motion. Council Member Hunter
abstained. MOTION CARRIED.
A24. 105= APPOINTMENT TO THE REDEVELOPMENT COMMISSION TO FILL AN UNSCHEDULED
VACANCY= (White term ending June 30, 1994)
Nominations were opened for the vacant seat on the Redevelopment Commission.
Council Member Feldhaus nominated Thomas H. Holguin.
Council Member Simpson nominated Jimmy Kennedy.
Council Member Daly nominated Paul Bostwick.
MOTION: Council Member Hunter moved that nominations be closed, Council
Member Simpson seconded the motion. MOTION CARRIED.
A Roll Call Vote was then taken on the nominees in the order in which they
were nominated.
Thomas Holguin - Ayes: Feldhaus Noes: Daly
Abstained: Simpson, Hunter, Pickler
Jimmie Kennedy -Ayes= Simpson, Hunter, Pickler
Noes~ None
Abstained= Feldhaus, Daly
Paul Bostwick -
Ayes: Feldhaus, Pickler, Daly
Noes: Simpson
Abstained= Hunter
City Attorney White. There is a tie in the voting since abstentions are not
counted. Both Mr. Kennedy and Mr. Bostwick have each received three
affirmative votes. If the Council wishes to revote only on those two
nominees, they may do so or lay it over to another meeting or reopen
nominations.
39
City Hall, Anaheim, California - COUNCIL MINUTES - JANUARY 12, 1993 - 5:00 P.M.
It was determined by General Council consensus that there would be a revote on
Mr. Kennedy and Mr. Bostwick.
Jimmie Kennedy - Ayes: Simpson, Hunter Noes: None
Abstained: Feldhaus, Pickler, Daly
Paul Bostwick-
Ayes: Feldhaus, Pickler, Daly
Noes: Hunter
Abstained: Simpson
Paul Bostwick was thereupon appointed to the Community Redevelopment
Commission for the term ending June 30, 1994.
Council Member Hunter. Steve White was on the Redevelopment Commission and
ran for the North Orange County College Community District (NOCCCD). Bob
Zemel ran for City Council and Steve Bristol ran for the NOCCCD. Some people
said the reason why the three people were removed was that they ran for higher
office and were politically motivated. Mr. Bostwick ran for City Council a
few years ago and is very involved in the Manufactured Housing Educational
Trust Political Action Committee.
Council Member Pickler. He reminded Council Member Hunter that going back a
few years, Doctor Kenneth Heuler who served on the Public Utilities Board and
Len Lawicki on the Planning Commission were both removed and no reasons were
given, but it was done again on a three-two vote and he (Hunter) was a part of
that Council majority.
A25. 105: APPOINTMENT TO THE PARKS AND RECREATION COMMISSION TO FILL AN
UNSCHEDULED VACANCY: (Pinson term ending June 30, 1996)
Nominations for the subject vacancy were opened.
Council Member Feldhaus nominated Manuel Ontiveros.
MOTION: Council Member Hunter moved that nominations be closed, Council
Member Simpson seconded the motion. MOTION CARRIED.
Manuel Ontiveros was thereupon unanimously appointed to the Parks and
Recreation Commission for the term ending June 30, 1996.
ITEMS Bi - B4 FROM THE ZONING ADMINISTRATOR MEETING OF DECEMBER 24. 1992:
DECISION DATE: DECEMBER 30, 1992 INFORMATION ONLY - APPEAL PERIOD ENDS
JANUARY 14r 1993~
BI.
179: VARIANCE NO. 4210, CATEGORICALLY EXEMPT, CLASS 11:
OWNER= McCullagh Leasing, 276 East Palais Road, Anaheim, CA 92805
AGENT: Spectra Sign, 863 South Rose Place, Anaheim, CA 92805
LOCATION: 276 East Palais Road. Property is approximately 4.69 acres
with frontage of approximately 80 feet on the south side of Palais Road,
having a maximum depth of approximately 555 feet and being located
approximately 710 feet east of the centerline of Anaheim Boulevard.
To permit a 36 square-foot freestanding monument sign with waiver of
permitted location of a freestanding sign.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4210 Approved (added one condition) (ZA92-60).
B2. 179: ADMINISTRATIVE ADJUSTMENT NO. 0074:
40
City Hallr Anaheim, California - COUNCIL MINLFfES - JANUARY 12, 1993 - 5:00 P.M.
OWNER: Presley Co., 19 Corporate Plaza, Newport Beach, CA 92660
AGENT: Boyle Engineering/Joe Boyle, 2098 S. Grand Avenue SA, Santa Ana,
CA 92705
LOCATION: Tentative Tract Map No. 12698.
To construct a 52-unit condominium complex with waiver of minimum
setback adjacent to an arterial highway.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 0074 APPROVED (ZA92-62).
B3.
179: ADMINISTRATIVE ADJUSTMENT NO. 0075:
OWNER: Neil D. Burack, 7355 Hummingbird Circle, Anaheim, CA 92807
LOCATION: 5140 Copa De Oro.
To construct a 9'-6" high decorative pilasters and wrought iron gate
with waiver of minimum front yard setback.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 0075 APPROVED (ZA92-63).
B4.
179: ADMINISTRATIVE ADJUSTMENT NO. 0076:
OWNER: Aspen Property, 2951 E. La palma Avenue, Anaheim, CA 92806
AGENT: Nak-Kwan Jun, 9422 Alderbury Street, Cypress, Ca 90630
LOCATION: 1501 N. Raymond Avenue.
To allow an existing fast food restaurant with waiver of minimum number
of parking spaces.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 0075 APPROVED (ZA92-64).
END OF THE ZONING ADMINISTRATOR ITEMS.
Council Member Pickler left the Council Chamber temporarily.
B5. 179: REQUEST FOR EXTENSION OF TIME - CONDITIONAL USE PERMIT NO. 3466:
Request submitted by Max Wills, MNW Development, P.O. Box 5513,
Fullerton, CA 92635. The property is located at 1204 W. Center Street
on the southwest corner of Center and Walnut Streets. The petitioner is
requesting an extension of time retroactive to December 10, 1992, and to
expire on December 10, 1993 subject to a specific landscaping plan. The
Conditional Use Permit No. 3466 is to permit a 2-story, 13-unit, senior
citizen apartment complex.
Submitted was report dated January 4, 1993 from the Zoning Administrator,
Annika Santalahti reconumending approval of the requested time extension
subject to a specific landscaping plan being submitted to the Planning
DeDartment for review and &DDroval 9rior to issuance of & building permit with
said plan to include Items 1 and 2, listed on Page 1 of the staff report.
MOTION: Council Member Hunter moved to approve the requested extension of
time retroactive to December 10, 1992 to expire December 10, 1993 subject to
the additional condition imposed in staff report dated January 4, 1993 from
the Zoning Administrator. Council Member Daly seconded the motion. Council
Member Pickler was temporarily absent. MOTION CARRIED.
Council Member Pickler entered the Council Chamber.
ITEM B6 FROM THE PLANNING COMMISSION MERTING OF JANUARY 11, 1993
INFORMATION ONLY - APPEAL PERIOD ENDS JANUARY 21. 1993
41
City Hall, Anaheim, California - COUNCIL MIN%~fES - JANUARY 12, 1993 - 5:00 P.M.
B6. 170: T~NTATIVE TRACT MAP NO. 14780, VARIANCE NO. 4215 AND MITIGATED
NEGATIVE DECLARATION:
OWNER: Habitat I, LTD., 1875 Century park East, Ste., 1880,
Los Angeles, CA 90067
AGENT: Arthur McCaul, 1875 Century Park East, Ste., 1880, Los Angeles,
CA 90067
LOCATION: 1925 West Lincoln Avenue. Property is approximately 5.7
acres located at the northwest corner of Lincoln Avenue and Muller
Street.
Waiver of permitted residential structures, maximum structural height
within 150-feet of a single-family residential zone boundary, minimum
structural setback abutting single-family residential zone boundary and
minimum distance between parallel walls to construct a 2-story, 74-unit
detached condominium complex.
To establish a l-lot, 74-unit, RM-3000 condominium subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
Tentative Tract Map No. 14780 APPROVED (PC93-4) (5 yes votes, 2
vacancies).
Approved Mitigated Negative Declaration.
NOTE: Variance No. 4215 has a 22-day appeal period and will appear at
the meeting of February 2, 1993.
Questions were posed by Council Member Pickler for purposes of clarification
relative to the subject project.
Annika Santalahti, Zoning Administrator. She does not have the documents
available right at the moment and requested to continue it to later in the
meeting.
Mayor Daly noted that this is an addendum to the agenda and the appeal period
expires January 21, 1993, so there is ample opportunity beyond this meeting to
appeal the item if anyone wishes to do so.
Later in the meeting (7:45 p.m.), Ms. Santalahti reported this was the same
project and that at the Planning Commission public hearing on this item, there
was one interested person from the residential area west of the project.
Apparently his basic concern was not with the design but with the issue of the
traffic signal which the Council will remember. The particular condition
regarding the traffic signal was removed from the project. The project has a
conjunctive variance on it which has an appeal period that will end after the
Council's next meeting. If the variance were set for a hearing and denied,
then the tract would be null and void because the project requires approval of
the variance. Another point the Planning Commission wanted clear was that the
design plan submitted with the tract map and variance was to be the exact
design of the project and not modified and that was concurred with.
Council Member Pickler surmised then they had not given away anything they
wanted previously with regard to this project; Joel Fick, Planning Director
answered that was correct.
Cl. 105= LIAISON MEETINGS WITH VARIOUS BOARDS AND COMMISSIONS:
Mayor Daly. He suggested to the Council that the Council schedule regular
joint meetings with the City's major commissions - Planning Commission,
Redevelopment Commission, Public Utilities Board and Budget Advisory
Commission. He asked that City staff schedule regular joint meetings with
those commissions. The purpose is in the interest of constantly improving
42
City Hall, ~-ahein, california - COUNCIL MIN%~fES - JANUARY 12, 1993 - $:00 P.H.
communication and getting all the issues before the Council. He would like to
further suggest that those meetings be on a biannual basis - twice a year.
There was General Council consensus on the recommendation followed by a brief
discussion as to when would be the best time to schedule such meetings among
which would be prior to Tuesday's City Council meetings starting at 1:30 or
2:00 p.m. At the conclusion of discussion, the Mayor requested that staff lay
out a schedule for Council consideration with options and subsequently the
Council can determine the best way to proceed.
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. 121: PUBLIC HEARING - THE ACQUISITION OF A PORTION OF THE BALL ROAD
BASIN LOCATED ADJACENT TO AUTO CENTER DRIVE AND SANDERSON DRIVE FOR ROAD AND
PUBLIC UTILITY PURPOSES - AUTO CENTER DRIVE EXTENSION (RIGHT OF WAY 5009} -
ORANGE COUNTy WATER DISTRICT:
LOCATION: Ball Road Basin adjacent to Auto Center Drive and Sanderson
Drive. To consider a resolution finding and determining the public
interest and necessity for acquiring and authorizing the condemnation of
a portion of that certain parcel of real property required for the
extension of Auto Center Drive (the Ball Road Basin located adjacent to
Auto Center Drive and Sanderson Drive).
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - December 24, 1992
STAFF INPUT:
Submitted was report dated January 7, 1993 from the Director of Public Works
and City Engineer Gary Johnson stating that a settlement had since been
reached through continued negotiations with the Orange County Water District
based on fair market value. An agreement was approved by the City Council at
their meeting of January 5, 1993. The agreement, therefore, has avoided the
need to file a condemnation action through the courts.
Natalie Lockman, Principal Civil Engineer. Staff completed negotiations with
the Water District after the matter was set for a public hearing. An
agreement has now been reached and the public hearing today is no longer
necessary.
MOTION= Council Men%her Simpson moved to remove the subject condemnation
hearing from the agenda since the matter was previously resolved. Council
Member Pickler seconded the motion. MOTION CARRIED.
D2. 176: PUBLIC HEARING - ABANDONMENT NO. 92-9A - MCP FOODS:
In accordance with application filed by MCP Industrial Foods, a public hearing
was held on proposed abandonment of a certain easement to vacate certain
public streets, highways and service easements, and to consider abandoning
that portion of Atchison Street extending from Santa Ana Street northerly to
that certain alley located approximately 165 feet south of Broadway, pursuant
to Resolution No. 92R-248 duly published in the Anaheim Bulletin and notices
thereof posted in accordance with law.
43
City Hall, Anaheim, California - COUNCIL MINUTES - JANUARy 12, 1993 - 5:00 P.H.
Report of the City Engineer dated December 4, 1992 was submitted recommending
approval of said abandonment.
Mr. Richard Santo, Senior Real Property Agent confirmed that staff recommends
approval of said abandonment.
Mayor Daly asked if anyone wished to address the Council.
Jergen Oshefsky, MCP Foods. Two primary concerns brought MCP to the
conclusion that the proposed abandonment would be beneficial to both the City
and MCP - Safety and security. He then elaborated on those two aspects. By
the abandonment, the City will be making that area a safer place to live and
work. They have met with Real Property and have agreed to comply with all the
requirements.
Mayor Daly noted that Mr. Herb Leo, a former long time Anaheim resident and
community leader was present in the Chamber audience. He asked if there was
anything Mr. Leo would like to add.
Herb Leo. This should have been done a long time ago. The plant has owned
property on both sides of the street for many years. In recent years, there
have been serious problems with security. He is appreciative that the City is
taking the subject action.
ENVIRONMENTAL IMPACT REPORT - CATEGORICA~ EXEMPTION: On motion by Council
Member Pickler, seconded by Council Member Simpson, the City Council finds
that the proposed activity falls within the definition of Class 5, of the City
of Anaheim guidelines to the requirements for an Environmental Impact Report
and is, therefore, categorically exempt from the requirements to file an EIR.
MOTION CARRIED.
Council Member Pickler offered Resolution No. 93R-17 for adoption, approving
Abandonment No. 92-2A. Refer to Resolution Book.
RESOLUTION NO. 93R-17: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING A PORTION OF ATCHISON STREET LYING NORTHERLY OF SANTA ANA
STREET (92-9A).
Roll Call Vote on Resolution No. 93R-17 for adoption,
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS=
COUNCIL MEMBERS~
COUNCIL MEMBERS:
Feldhaus, Hunter, Pickler, Simpson, Daly
None
None
The Mayor declared Resolution No. 93R-17 duly passed and adopted.
D3. 179: PUBLIC HEARING - AMUSEMENT ARCADE NO. 1019:
Rehearing request by: Debbie Davies, Director, U R G E of Riverdale. Re:
Amusement Arcade Permit No. 1019 - Submitted by Richard Debeikes, Mike Rhodes,
and Dan Lee, Family Fun and Games, 2300 Michelson Drive, Suite 200, Irvlne, CA
92715
LOCATIONs The property is located at 5655 East La Palma Avenue, Suite 140.
The request was to permit 75 to 100 amusement devices.
The Zoning Administrator approved the Amusement Arcade permit under Decision
ZA92-49. A review of the Zoning Administrator's decision was subsequently
requested by Council Members Hunter and Simpson at the meeting of October 20,
44
City Hall, Anaheim, California - COUNCIL MINUTES - JANUARY 12, 1993 - 5:00 P.M.
1992 and public hearing scheduled for November 17, 1992. At that meeting, the
City Council approved Amusement Arcade Permit No. 1019 for one year.
Subsequently a request for rehearing was submitted by Debbie Davies and the
rehearing request was approved by the City Council at its meeting of
December 8, 1992 and public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - December 24, 1992
Mailing to property owners within 300 feet - December 23, 1992
Posting of property - December 23, 1992
Mayor Daly. He notes that many persons are present tonight on this item. The
Council has received a request from the company proposing the arcade for a
90-day continuance. He asked the City Attorney's advice on the matter and the
options the Council has at this point.
City Attorney White. It has been his consistent advice in the past when the
Council receives a first time request for continuance that if there is any
legitimate basis at all why the requestor cannot proceed with the hearing,
that the Council grant the request. The continuance does not necessarily have
to be for the time period requested but for a reasonable period to allow the
applicant adequate time to prepare. If the request is not granted and the
Council takes action at the meeting, the requestor is immediately placed in a
position where they have the ability to seek a rehearing of that decision.
His suggestion is that the Council entertain a continuance of the matter but
not necessarily for 90-days. He would suggest somewhere between two and four
weeks would be appropriate.
Mayor Daly then asked to hear from Debbie Davies, the person who requested
that the matter be reheard.
Debbie Davies, 2011 N. Pageant (U.R.G.E. of Riverdale). They are prepared
tonight to give their opposition and arguments. Ninety days is a lengthy
continuance request. There are many people present including students from
Canyon High School and she would hate to see them turned away. The request
for continuance should have been made sooner since the request for rehearing
was made on December 8. If the applicant wanted to meet with her or the
community leaders, he should have contacted them. There has been no attempt
by the applicant to contact anyone. She would like the Council to hear some
of the people present tonight even if the Council decides to grant a
continuance.
City Attorney White. He clarified that once the Council granted the
rehearing, that nullified the permit and it would be unlawful for the arcade
to open until the rehearing is held and until such time as the permit is
granted if that occurs. His concern with opening up the testimony and hearing
from the opposition tonight is that it perverts the due process procedures.
The obligation to go forward begins with the applicant. They need to present
their case first, be present to hear the opposition and have an opportunity to
respond by way of rebuttal. He believes if they take any input on the issue
tonight, they will be prejudicing the rights of the applicant. To hear
opposition outside of the hearing, should testimony be taken without opening
the hearing, that may taint the ultimate decision made and put that decision
at risk. It would do more harm than good.
45
C£tv Hall~ Annhe£m, Califot-n£a - COUNCIl., MIN~.TT~S - J~'UAItY 12~ 1993 - 5:00 P.M.
Council Member Hunter. He suggested that at the end of the agenda, the
Council reopen the public comments portion of the meeting and allow people to
speak. In that way, the applicant would be able to learn what the problem is.
City Attorney ~hite. He felt that would be somewhat of a reasonable
compromise. He reiterated for Council Member Simpson that it was reasonably
incumbent on the Council to grant some kind of continuance. The applicant has
the burden to give evidence to justify the permit and he should have at least
an opportunity to have a short continuance so he can present that evidence.
Mayor Daly asked if Mr. Debeikes or anyone representing the applicant was
present in the Chamber audience; there was no response.
A brief discussion followed between Council Members and Mrs. Davies regarding
the continuance request and the concern that many people were present tonight
who may not be present at a later date. Mrs. Davies urged that a continuance
not be given for 90 days. Also during the discussion, Council Member Hunter
asked the City Attorney to perhaps draft a document for those who may request
a continuance in the future that the request must be submitted in sufficient
time so that the same situation does not occur where many people are present
on the issue only to be surprised that a continuance request was received on
very short notice or sometimes at the time of the meeting.
MOTION= Council Member Pickler moved to continue the public hearing on
Amusement Arcade No. 1019 for two weeks to January 26, 1993 and that it be the
first public hearing that evening. Council Member Hunter seconded the motion.
MOTION CARRIED.
Mayor Daly. After the meeting is over, the Council will reopen public
comments to hear from spokespersons regarding this issue.
City Attorney White. The public hearing will be held on January 26, 1993. He
cautioned that for anyone who speaks tonight, they should not be led to
believe their testimony will be incorporated into the record on January 26,
1993. It will be necessary for people to speak at that hearing for such
testimony to become a part of that record. Those who might speak under public
comments at the end of the meeting will be for the edification of the
applicant who will then know the concerns of the community.
Council Member Simpson. He noted that anyone can send letters which will then
become a part of the record. They are not denied input because they cannot be
present.
D4. 179= PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 259 - REQUEST FOR
PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL REGARDING POSSIBL~
TERMINATION OR MODIFICATION=
LOCATION~ The property is located at 1007-1009 E. Balsam Avenue -
Foxey's and is approximately 0.35 acre with a frontage of 85 feet on the
north side of Balsam Avenue, a depth of 181 feet and being located 195
feet west of the centerline of East Street.
This is a City-initiated request and recommendation to City Council
regarding possible termination or modification of Conditional Use Permit
No. 259. Conditional Use Permit No. 259 established a hofbrau and auto
repair garage on property in the ML zone.
ACTION TAKEN BY THE PLANNING COMMISSION=
46
City Hall, Anaheim, California - COUNCIL MINUTES - JANUARY 12, 1993 - 5:00 P.M.
Determined that there are grounds for the City Council to set CUP NO.
259 for a public hearing to consider its termination or modification.
(6 yes votes, I vacancy.)
PUBLIC NOTICE REOUIREMENTS MET BY:
Publication in Anaheim Bulletin - December 24, 1992
Mailing to property owners within 300 feet - December 23, 1992
Posting of property - December 23, 1992
PLARNING STAFF INPUT:
See staff report to the Planning Commission dated November 16, 1992.
Mayor Daly asked to hear from the City Attorney noting that the Council had
received a request for continuance of this item.
City Attorney White. A request for 60-day continuance has been received. He
does not concur with 60-days but would recommend a maximum period of four
weeks to February 9, 1993 at 6:00 p.m. The purpose of the hearing is to
revoke or modify an existing conditional use permit to terminate one of the
uses on the property. That use is legally authorized to continue in operation
until such time as the hearing is held and a decision made by the Council. It
does prejudice to continue this out too far into the future. That is the
reason for his recommendation for four weeks.
Mayor Daly. Before voting, he asked if any member of the public wished to
speak.
Jette Holgersen, owner of Foxey's. She was not notified about the hearing
until yesterday from the Zoning Department. She was the one who sent the
letter asking for the continuance. She then confirmed that she would support
the recommendation of a four-week continuance.
MOTION: Council Member Daly moved to continue the subject public hearing
relative to Conditional Use Permit No. 259 to Tuesday, February 9, 1993.
Council Member Pickler seconded the motion. MOTION CARRIED.
PUBLIC COMMENTS - P. EOP~D~
Mayor Daly reopened the public comments portion of the agenda.
people then spoke. Their comments are summarized:
The following
Shelly Davies, student, Canyon High School. About 40 students
from Canyon High School are present tonight. They will not be
able to attend the public hearing to be held in two weeks
(January 26, 1993) on Amusement Arcade Permit No. 1019 because of
finals and their work schedules. The proposed arcade will require
access by vehicle which will cause more traffic at the location.
carl's Jr. is across the street where there have been incidents of
loitering, violence and shootings. Camelot is also not very far
away where similar incidents have occurred. The students do not
want the arcade and asked that the Council deny the permit.
John Wang, 948 S. Ridgecrest, Anaheim, student president, Canyon High
School. He is speaking on behalf of 60 to 100 students who do not want
the arcade built because of the safety factor. He referred to the
situation that has occurred at Camelot. With a limited Police force,
there is concern for what lies ahead in Anaheim Hills. The arcade is
destined to become a gang hangout. There is a growing potential for a
47
City Hall~ Anaheim, California - COUNCIL MINUTES - JANUARY 12, 1993 - 5:00 P.M.
gang problem with the building of an arcade. He asked that the Council
face this challenge and reaffirm vitality of the City's traditions and
ideals by making their decision against the arcade.
Nancy Melbourne, High School Teacher (not at Canyon High School). She
lives about a mile from the area and has had to call the Police for
several reasons. Carl's Jr. is a 24-hour operation and is a hang out.
When she has called the Police, they have routed her directly to the
gang section when she explained why she was calling. Her son works at
Cinemapolis. She does not want him to be at the wrong place at the
wrong time with the arcade proposed in the property adjacent to the
theater. Even though the business inside is to be family run and
supervised, she questioned what activities would go on outside. She
urged the Council to vote against the permit on January 26, 1993.
Steven Behrens, President, Robin Hill II Homeowner's Association,
625 Rockridge Place. He was horrified when he found out about the
application. He reported on gang activity that had taken place in the
parking lot of Cinemapolis even now. If the video arcade is approved,
it will be a magnet for gang activities and they will see the same type
of activity that is occurring in the Los Angeles area. He urged a no
vote.
Summer Ristow, 8124 E. Carnation Way, Student Vice President at Canyon
High School. She first explained a gang incident that had occurred at
another location through mistaken identity. She does not want to see
another such incident occur at the Cinemapolis location and urged a no
vote on the amusement arcade.
Mark Thompson, 553 S. Peralta Hills. After the hearing of December 8,
1992, he talked to all three applicants (Debeikes, Lee, Rhodes). He
(Thompson) was asked if they could have a meeting with those opposed.
He told them absolutely, but they have heard nothing from them since
that time. Everyone is present and the applicant is not. He feels that
shows a lack of good faith. Mr. Debeikes told him if there is a meeting
and they cannot convince the residents that this is not a good use, they
will not put the arcade in. The comments tonight indicate where the
residents are coming from. If Mr. Debeikes is willing to stand behind
what he said, he might not even continue to ask for the permit.
Debbie Davies, President, U.R.G.E. of Riverdale. They would like to
make sure on January 26, 1993 that the Police Report Study that was
asked for on December 8, 1992, by Patrick Pepper is available. A
traffic study should also be conducted if there is any feasible way to
do so. Traffic in the area is a big problem. That should be the issue
they address. They also know about the potential gang problem. If
there is an occurrence that requires the Police to be called, there are
only four polic® units in the hills area now. She questioned what would
happen to response time if assistance is needed otherwise. Another
issue is the fact that there are seventeen or more ABC (Alcoholic
Beverage Commission) licenses in that general area. It seems it is a
firecracker waiting to go off. That should also be addressed.
Mayor Daly assured Mrs. Davies that there will be police input of some
type at that next hearing.
Pam Frazier, 485 Country Hill Road, representing SACPOA (Santa Ana
Canyon Property Owners Association) and the Hepatha Lutheran Youth
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City Hall~ Anaheim, California - COUNCIL MINUTES - JANUARY 12, 1993 - 5:00 P.M.
Group. She asked if they submit a petition listing the reasons why they
did not want the amusement arcade approved signed by those opposed, if
that would carry weight with the Council.
Mayor Daly. Such petitions are always acceptable in any form they
chose, making sure that signatures are legible with addresses and a
printed name as well; City Attorney White. It would be very important
and helpful to specify what the reasons for opposition are.
RECESS - CLOSED SESSION: By General Consent the Council recessed to close
session to finish consideration of closed session items as listed on the
agenda. (7:49 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (8:15 p.m.)
ADJOURNMENT: By General Consent the Council adjourned. ( 8: 16 p.m. )
No meeting is scheduled for Tuesday, January 19, 1993 since no quorum is
anticipated at this time.
LEONORA N. SOHL, CITY CLERK
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