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1993/01/26City Hall~ Anaheim~ California - COUNCIL MINUI~S - JANUARY 26, 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 FIRE CHIEF: Jeff Bowman DIRECTOR OF PUBLIC WORKS/CITY ENGINEER: Gary Johnson PLANNING DIRECTOR: Joel Fick ZONING ADMINISTRATOR: Annika Santalahti PRINCIPAL CIVIL ENGINEER: Natalie Lockman CODE ENFORCEMENT SUPERVISOR: Bruce Freeman A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:30 p.m. on January 22, 1993 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the meeting of January 26, 1993 to order at 3:09 p.m., all Council Members being present with the exception of Council Member Pickler. City Attorney, Jack White. Staff thought it appropriate to brief the Council in conjunction with Item A25 on the Council Agenda today (5:00 p.m. session) concerning what is being called the Santiago Landslide - the slide occurrence in the hills area. In addition, there is one item not on the agenda that needs to be discussed in Closed Session which relates to discussions with the City's Real Property Negotiator concerning the Lows School site. The Council will not be acting on the Santiago Landslide matter except in conjunction with the 5:00 p.m. agenda, but the need to consider and be briefed on it arose since the agenda was prepared last Friday. There is also a need to consider in Closed Session the Lows School site which also arose since the agenda was prepared. Therefore, it is necessary to waive the 72-hour Posting Provision of the Brown Act by a 4/5ths vote in order to consider these two items. MOTION: Council Member Daly moved to waive the 72-hour posting provision of the Brown Act on the aforementioned items for the reasons articulated by the City Attorney. Council Member Simpson seconded the motion. Council Member Pickler was absent. MOTION CARRIED. City Attorney White. The Council has been provided with certain documents - one is a map prepared and distributed by the Fire Chief (see laminated colored map entitled Santiago Incident - Revised January 25, 1993) and the other is a geotechnical report from the City's geotechnical consultants, Eberhart & Stone, Inc., dated January 25, 1993 (W.O. 165110.69) which will serve as the ba~is o~ one o~ ~he ~ounc~l's ac~ons ak the ~00 p.m. portion o~ the meeting. These are remedial actions recommended to be taken. The other is a copy of the resolution amended from the previous resolution that appears in the Council packet at this time. The resolution now adds the remedial measures as referenced in the geotechnical report now presented for Council information to be acted upon at 5:00 p.m. Fire Chief Bowman and Public Works Director/City Engineer Johnson are in charge of the matter and will give a briefing on the incident. Fire Chief Jeff Bowman. City Manager Ruth asked that he and Gary Johnson give a brief overview and summary of the events that have taken place. He then gave an overview of the extensive efforts that have been put forth relative to the incident in the past week. (Council Member Pickler entered the Council 51 City Hall, Anaheim, California - COUNCIL MINUTES - JANUARY 26, 1993 - 5~00 P.M. Chamber - 3:13 p.m.) As they got out to the area, they started to realize that several different events were happening simultaneously. Natalie Lockman, Principal Civil Engineer, was called in who in turn called the geologist the City had on staff. He immediately determined that the slide area he had been evaluating was activating in a much quicker fashion. Whereas there had been about a one inch per month land movement in the general mass starting on the 18th of January and subsequent days, that movement increased from 1 inch to 1~ inches a day following two weeks of almost steady rainfall. He then elaborated on all the activities that had ensued which activities were directed from the command post set up at Fire Station ~9 and subsequently moved to a temporary site, the former headquarters of the Anaheim Memorial Hospital Urgent Care Facility Building. Most of the efforts from this point on and those in the past week have been in response to suggestions made by the geologist, the technical expert - re: evaluation and dewaterization of the area. Gary Johnson, Public Works Director and City Engineer. He briefed the areas involved in the incident as well as the specific procedures that had thus far taken place and the related costs. In concluding, he reported that in the short-term, the plan is to use Eberhart & Stone and the firm of Law Crandall to develop the short-term mitigation plan to see if they can stop the area from sliding. The long-term plan is that the City has Eberhart & Stone under contract, Phase II, to develop a mitigation plan for the area. They had been in the process of exploratory borings to determine the extent of the slide area when the event occurred. If the situation can be stabilized, that effort will begin again. At a later date, they will bring in a second firm to have a peer review of whatever mitigation findings Eberhart & Stone develop. Fire Chief Bowman. He briefed the map that was presented to the Council showing the streets/location of the damaged homes and areas followed by a slide presentation showing portions of the area and specific damage that has occurred to the infrastructure - streets, sidewalks and homes. A town hall meeting was also held last Wednesday at the Anaheim Hills Golf Course to share information with the residents and over 200 people attended. Another meeting is scheduled for tomorrow evening at 7:00 p.m. at the LDS Church on Fairmont Blvd. He has asked for declarations from the County which they have issued. The Governor is issuing declarations for several counties. They have also asked the President to do so as well, but have not yet heard back. If declared a disaster area, low-interest loans will be available to the affected homeowners and there will be a return on monies spent by the City in mitigating the disaster. City Attorney White explained for Council Member Pickler that as of now, to the best of his knowledge, no one in the City has pinpointed any causation factor. For purposes of the public record, it should be indicated at this time he is unaware of anything that would lead him to believe that the City is liable. Discussion and questioning followed with input from both Chief Bowman and the City Attorney during which the City Attorney explained that it has not been determined specifically when the problem started. As he understands, this is an ancient landslide that reactivated and started slipping as a result of lubrication caused by excessive water in the porous rock. Preliminarily, there is some indication once the properties were developed and started to get landscaped, that might have been a contributing factor. At the moment, they do not have concrete proof or knowledge of that. The geologist was actually working on the situation trying to determine the cause and what led up to the slipping to that point when the incident occurred. Because of the situation, 52 City Hall~ Anaheimr California - COUNCIL MINI~I]~S - JANUARY 26, 1993 - 5:00 P.M. the geologist has had to stop that testing and evaluation and work on the emergency effort under way. Until he can get back to that work, nobody has the answer. Chief Bowman. This is a long-term event. While the movement is waning, it is still significant. The Fire Department is trying to coordinate for the City a reoccupation plan. They are trying to get all departments involved to work with the geologist and talk about things like utility disruptions. Even if the event were ended today, it would take several days to get utilities restored. They are trying to draft a plan for the Council and City Manager to look at so that they can talk about the issue of downsizing or downscaling the event and, where possible, what they can do to reoccupy the area when or if it becomes appropriate. After further discussion, Jeff Bowman stated staff has made themselves available and created a hotline for the residents with an update status every two hours. Three additional phone lines were installed at Fire Station 9 so that residents could talk to a person instead of a machine. They posted a public display area at Station 9 so residents could come in and talk to somebody about what was going on and to get updates. The town hall meetings go a long way to allow the residents to vent. He believes the residents are satisfied with what the City is doing and the City is doing everything possible to help and to try to stabilize the event. They have done everything possible and in a timely fashion. After further questions by Council, Council Members commended the efforts of staff~ City Manager Ruth. Fire Chief Bowman called him a week ago last Monday and notified him of the problems. The City's team responded quickly and made a lot of correct early decisions which resolved some of the issues and minimized the impact. Staff made a great contribution controlling the issue as best they could. The concern now is in terms of the decisions to be made letting people back in their homes, trying to get Federal and State aid and keeping the citizens informed. Residents at the town meeting handled themselves well and asked intelligent questions. There is still a long way to go and the Council will be kept informed. 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 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. b. 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. C£t¥ Hall, Anahe£m, Cal£fornia - COtrNClL NINIYI~S - J~tJ~JARY 26, 1993 - 5:00 d. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9 (b)(1). e. 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. f. To meet with City's Real Property Negotiator regarding the Lowe School site. MOTION: Council Member Simpson adjourned into Closed Session, Council Member Daly seconded the motion. MOTION CARRIED. (3:45 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. (5:15 p.m.). INVOCATION: Dr. Robert K. Knutson, Victory Baptist Church, gave the invocation. FLAG SALUTE: Council Member Frank Feldhaus led the assembly in the Pledge of Allegiance to the Flag. 119: EMPLOYEES OF THE YEAR - CONVENTION CENTER - STADIUM - GOLF: Lynn Thompson, General Manager, Convention Center introduced the Convention Center Employee of the Year, Ernie Sherrill; Greg Smith, General Manager, Anaheim Stadium and Golf introduced the Stadium Employee of the Year, Donna Welling and Golf Division Employee of the Year, Luis Zaragoza. Mayor Daly and Council Members personally congratulated these dedicated employees commending them for the singular honor of being chosen employees of the year in their respective departments. 119: DECLARATION - RECOGNIZING THE CITY OF ANAHEIM RETIREES WITH MORE THAN 20 YEARS OF SERVICE: Declarations of recognition, appreciation and congratulations were unanimously authorized by the City Council honoring the following retirees with service to the City ranging from 20 to 33 years: Fire Department: Robert L. Caffrey, Fire Engineer II (29 years); Fred R. Fossek, Fire Engineer IV (29). Police Department: Gordon D. Blair, Police Sergeant (30); Carl W. Martin, Police Officer (28); Anna M. Carter, Office Specialist II (20); Edmond Pierson, Police Sergeant (28) Public Works/Engineering: Roy M. Payne, Construction Inspection Supervisor (33) Maintenance Department: Vincent S. Scuteri, Senior Lead Street Maintenance Worker (28) Parks Department: Raymond P. Jara, Park Maintenance Worker I (33) 54 City Hail, Anaheim, California - COUNCIL MINUTES - JANUARY 26, 1993 - 5500 P.M. Public Utilities Department: Richard E. Butryn, Power Coordination Manager (31); David A. Hoskins, Water Meter Supervisor (28); Eugene E. Ruzicka, Lab Technician II (27) Mayor Daly and Council Members personally commended those retirees present and thanked them for the long and dedicated service they provided to the City and citizens of Anaheim. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council to be presented to Rick Mears, four-time Indy 500 winner and promoter of the sport of Off-Road Racing upon his retirement. FINANCIAL DEMANDS AGAINST THE CITY in the ~unount of $3,120,019.68 for the period ending January 15, 1993 and $2,016,463.34 for the period ending January 22, 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. (5:34 p.m.) Mayor Daly reconvened the City Council meeting. (5:38 p.m.) PUBLIC COMMENTS - AGENDA ITEMS: Members of the public spoke regarding Item Al9 and A28. See discussion under those items. ITEMS OF PUBLIC INTE~JEST: Bob King, 6551 Morengo, Anaheim. He noted the financial crisis facing the Country, State and many cities. It would behoove the Council to form some kind of arrangement amongst themselves to let the Federal Government know citizens are opposed to the way their money is being spent on the Federal level. He cited specific examples of what he considers blatant waste of Federal tax dollars. He feels the Council could be instrumental in doing something about it - that they should do something for the American taxpayer to take the load off their backs. Mayor Daly noted that five congressional districts now serve the City of Anaheim and he will share some of Mr. King's comments with the City's representatives. Sanford Simmons, 3252 Hillrose Drive, Los Alamitos. He owns 140 apartment units on Orangewood and Harbor where he is experiencing large vacancies which has never occurred before. Their normal way of advertising has not been working well. He applied for a permit for a For Rent sign and subsequently received a notice of violation regarding signage. The code states he could have 3 signs but a total square footage of no more than 10 feet. The footage of his property is several hundred linear feet and 3 small signs are ineffective. He requested that the Council direct staff to look into the applicable code sections regarding signage (he specifically referred to Section 18.05.080 and 18.05.07) in order to give him some relief as well as to give him a level playing field by allowing him to increase the size of his signs commensurate with the square footage of his property. 55 City Hall, Anaheim, California - COUNCIL MINUTES - JANUARY 26, 1993 - 5=00 P.M. Questions were posed to Mr. Simmons by Council Members to confirm the specifics of his request; City Attorney White noted that relative to sign regulations, these are by ordinance and either the ordinance has to be amended to increase the size of signs or a person can obtain a variance. At the conclusion of discussion, the Planning Director, Joel Fick, stated that staff can look into the matter and see what other jurisdictions do as well as take the matter to the Planning Commission if the Council wishes. It was determined that Mr. Simmons is to work with the Planning Department relative to his concern. 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 26, 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 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-18 through 93R-21, both inclusive, for adoption and offered Ordinance Nos. 5352 through 5354, both inclusive, for introduction. 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 Donald Roy Sarbeck, Jr., for property damage sustained purportedly due to actions of the City on or about September 19, 1992. b. Claim submitted by Mr. & Mrs. James H. Talsma for property damage sustained purportedly due to actions of the City on or about October 26, 1992. c. Claim submitted by Robert Pellien for property damage sustained purportedly due to actions of the City on or about November 11, 1992. d. Claim submitted by Jack Lambie for property damage sustained purportedly due to actions of the City on or about November 3, 1992. e. Claim submitted by Blanca Mercado for property damage sustained purportedly due to actions of the City on or about November 7, 1992. f. Claim submitted by Sales Max, Inc., ¢/0 George Marici¢, for property damage sustained purportedly due to actions of the City on or about June 25, 1992. g. Claim submitted by James Finneran for bodily injury sustained purportedly due to actions of the City on or about July 2, 1992 through August 17, 1992. h. Claim submitted by Mercury Insurance Co., attn: Debbie Swick, for property damage sustained purportedly due to actions of the City on or about June 28, 1992. 56 City Hall, Anaheim, California - COUNCIL MINUTES - JANUARY 26, 1993 - 5:00 P.M. i. Claim submitted by Roger Dawes for property damage sustained purportedly due to actions of the City on or about October 29, 1992. j. Claim submitted by Leonard A. Cayer for property damage sustained purportedly due to actions of the City on or about October 21, 1992. k. Claim submitted by Pedram Mobarghai for property damage sustained purportedly due to actions of the City on or about December 4, 1992. A2. 156= Receiving and filing the Anaheim Police Department Crime and Clearance Analysis for the month of December, 1992. 105: Receiving and filing minutes of the Mother Colony House Advisory Board meeting held November 9, 1992. 105: Receiving and filing minutes of the Golf Advisory Commission meeting held September 23, 1992. 117= Receiving and filing the Summary of Investment Transactions for December, 1992, as submitted by the City Treasurer. 105: Receiving and filing Disclosures of Property Interests in Redevelopment Areas from Phyllis R. Boydstun, D. Paul McMillan, Rene' LaForm Lopez, and Mary Ruth Pinson. A3. 175: Approving Contract Change Order No. 1, in the amount of $13,222.94 in favor of George Jugovic Construction, for the construction of Lemon Street 12" Water Main. A4. 101: Awarding the contract to the lowest responsible bidder, Excel Paving Company, in the amount of $270,315.95 for Katella Avenue Parking Lots Improvements; and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. A5. 107: Awarding the contract to the lowest responsible bidder, Hintz Enterprises, Inc., in the amount of $7,400 for Orangewood Avenue Frontage Buildings Demolition and Asbestos Removal; and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. A6. 175: Awarding the contract to the lowest responsible bidder, Team Construction Corporation, in the amount of $289,339 for Improvement of Water Wells 12, 29 & 36; and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. A7. 175: Awarding the contract to the lowest responsible bidder, A & L Construction Company, Inc., in the amount of $1,154,143.85 for Underground Conversion in District No. 3 Phase I (C-R Area); and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. A8. 123: Approving a Second Amendment to Agreement with IWA Engineers, increasing the maximum contract by $50,000 to a new total of $290,000 for administration coordination, and support services in connection with the I-5 57 City Hall, Anaheim, California - COUNCIL MINUTES - JANUARY 26, 1993 - 5:00 P.M. Freeway widening; and authorizing the Mayor and City Clerk to execute the Second Amendment to Agreement. A9. 123: Approving Addendum No. 11 to the Agreement with Hellmuth, Obata & Kassabaum, Inc., in the amount of $4,840 to amend documents to include modifications in the electrical wiring system and the main telephone room of the Anaheim Arena. Council Member Pickler voted no on this item. Al0. 106: Amending the FY 1992-93 Budget for Public Works - Engineering's Capital Improvement Projects: Increasing appropriations in expenditure Account 15-792-6310 (Architectural and Engineering Services) by $50,000; and Increasing appropriations in revenue Account 15-3178 (other City project share) by $50,000. All. 129: Authorizing an appropriation increase in the FY 1992/93 Public Works-Engineering budget (Account 01-912-6340) by $250,000 to complete the Fire Station ~9 improvements. A12. 160: Accepting the low bid of Clippinger Chevrolet, Inc., in the amount of $37,760.75 for one 24,0005 G.V.W. truck with Chipper body, in accordance with Bid $5117. A13. 160: Accepting the low bid of USCO Power Equipment Corporation, in the amount of $20,011 for three disconnect switches, in accordance with Bid ~5107. Al4. 128: Receiving and filing the Monthly Financial analysis for three months ended September 30, 1992, as presented by the Director of Finance. Al5. 128: Receiving and filing the Monthly Financial analysis for three months ended October 31, 1992, as presented by the Director of Finance. Al6. 113z RESOLUTION NO. 93R-18z A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN TWO YEARS OLD. (Program Development and Audit documents.) Al7. 185: Determining, on the basis of the evidence submitted by C. Dennis Abramson of Hanover Real Estate Associates, that the property owner has complied in good faith with the terms and conditions of Development Agreement No. 87-01 for the 1991-1992 review period (17 acre Hanover/Katella Office Park). A18. 185: Determining, on the basis of the evidence submitted by Richard J. Gardner of the Gardner Group, that the property owner has complied in good faith with the terms and conditions of Development Agreement No. 89-01 for the 1991-1992 review period (Stadium Business Park). Al9. 185: Determining, that the property owner, California Drive-In Theaters, Inc., has defaulted on the terms and conditions of Development Agreement No. 88-05 for the 1991-1992 review period; and therefore, directing city staff to initiate the procedures for default (IDM Business Center). Terry Dickens. He represents California Drive-In Theatres (CDI), 120 N. Robertson Blvd., Los Angeles. The property involved is part of the Orange Drive-In on State College south of Anaheim Stadium. In 1988, they entered into an agreement with IDM Development Corporation to develop the property. That agreement involved a ground lease and hopefully later a sale. IDM has 58 City Hall, Anaheim, California - COUNCIL MINUTES - JANUARY 26, 1993 - 5:00 P.M. since filed a reorganization Chapter 11 bankruptcy. Through that process, they have terminated the lease agreement with California Drive-In Theatres. He is trying to pick up the ball. Just before IDM's filing, they had a lease with TRW for some 450,000 square feet of offices. They were totally unable to finance that one building not because of the lease, location or TRW, but simply because it was an office building in Southern California. No lender is willing to make the commitment. It is his view the chances of developing the project as an office complex are slim, but not impossible. The development agreement provides for that. He is requesting that they leave the development agreement in place for another year - economic conditions for this sector of the market have bottomed out. With the development agreement in place, there is some opportunity to move forward if they team up with a user compatible with the agreement. Further, in the event that they come up with a development which is doable and yet different than the current project, they have a development agreement they can amend rather than starting at ground zero. If they are to terminate the development agreement, it is of no particular benefit to the City. If it stays in place and the property is not developed or development not commenced over the next year, the same effect occurs. He would be happy to answer any questions. Joel Fick, Planning Director. Staff's recommendation is based upon their understanding that the project that is addressed in the development agreement has not been progressing and there are no plans to proceed. There has been a tremendous amount of mutual effort that went into the preparation of the original agreement. He has the highest respect for California Drive-In Theatres. The action being recommended just makes a recommendation to the Council that the terms of the agreement have not been complied with and would initiate a 60-day period for CDI to cure the situation. Based upon the working relationship with CDI, staff's recommendation is that the 60-days be initiated with the understanding they will be working with CDI during that period and if they need additional time, staff would have no problem coming back and making that recommendation. Terry Dickens. That is acceptable and there are also other things to talk to the City about as well. At the end of the Consent Calendar, this item was approved as recommended by staff. A20. 108: ORDINANCE NO. 5352 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 4 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 4.70, CONSISTING OF SECTIONS 4.70.010 THROUGH 4.70.200, INCLUSIVE, RELATING TO TATTOOING ESTABLISHMENTS AND OPERATIONS. 108: ORDINANCE NO. 5353 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 6.64 OF TITLE 6 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO FOOD HANDLING BUSINESSES. 108: ORDINANCE NO. 5354 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 6.95 OF TITLE 6 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO LABOR CAMPS AND AUTHORIZING FEES. A21. 123: Approving an Agreement with Book Publishing Company for the conversion of the Anaheim Municipal Code to WordPerfect format at an estimated cost of $13,585, and for the purchase of CodeMaster Software package at a cost of $3,995. 59 City H&11~ Anaheim, California - COUNCIL MINUTES - JANUARY 26, 1993 - 5:00 P.M. A22. 112= Authorizing the City Attorney to file suit against King of California for breach of contract to recover $93,258 in maintenance costs owed by King of California to the City relating to the Civic Center parking structure. A23. 153= Approving the 1993 renewal rates for the Kaiser "Q" Health Plan of $132.95 for single coverage and $376.26 for family coverage, effective March 1, 1993; and authorizing the Human Resources Director to execute the renewal agreement on behalf of the City. A24. 123: Approving an Agreement with the Feedback Foundation, Inc., in the amount of $10,410 to deliver meals to the homes of elderly Anaheim citizens who are of low- and moderate-income. A25. 184: RESOLUTION NO. 93R-19: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RATIFYING THE PROCLAMATION OF A LOCAL EMERGENCY BY THE DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF ANAHEIM, AND APPROVING AND AUTHORIZING CERTAIN REMEDIAL ACTIONS RELATING THERETO. Ratifying the proclamation of a local emergency by the director of emergency services of the City of Anaheim and approving remedial measures being undertaken as emergency measures. 123: Authorizing the City Manager to enter into contracts with McCalla Waterwell Services Co., Hydroequip Pump Dewatering Corp., PacWest Construction and Law Crandall, Inc., u~on the general terms heretofore provided to the City by the contractors and including specific terms as approved by the City Manager and City Attorney. City Attorney White. The resolution that was in the agenda material distributed on Friday has been modified into two parts. The first part remains as on the agenda and the second, which has been added, is to approve the remedial measures being undertaken as emergency measures based upon geological reports from the geological engineer's effort. It was not received until after the agenda was prepared and the matter could not wait until the next Council meeting. He is recommending that the Council by a 4/Sths vote waive the 72-hour Posting Provision of the Brown Act to include the modification. Included in that motion should be the addition of another Consent Calendar Item (A29a), and action necessitated as a result of the Orange County Transportation Authority moving up their schedule relative to signal improvement projects and in order for the City to qualify for Measure M funds to cover those improvements. MOTION~ Council Men%her Pickler moved to waive the 72-hour Posting Provision of the Brown Act as for the reasons as articulated by the City Attorney on both Items A25 and the additional Item A29a. MOTION CARRIED. A26. 158: RESOLUTION NO. 93R-20~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. (Tobishima Development Company) 158: Approving the Right-of-Way/Right-of-Entry Agreement for 2099 South State College Boulevard; and authorizing the Real Property Section to open an escrow with Chicago Title and Escrow Company, not to exceed 60 days; and authorizing the accounting officer to issue a warrant, in the amount of $136,055 (the purchase price) to Chicago Title and Escrow Company to be deposited into 60 C£t¥ Hall, Anaheim, California - COUNCIL MINUTES - JANUARY 26, 1993 - S:00 P.M. escrow for payment to Tobishima Development Company; and authorizing the Senior Real Property Agent of the City to execute the escrow instructions and any related documents. A27. 123: Approving the Third Amendment to Agreement with Facilities Communications International for telecommunications services at the Convention Center; and authorizing the Convention Center General Manager to execute said agreement. A28. 153: Approving the appointment of David M. Morgan to the position of Assistant City Manager, effective January 29, 1993 at an annual salary of $112,000; and waiving Personnel Rule 7, Appointments and Promotions, and Resolution No. 92R-19 relating to Executive Management Compensation. Phil Knypstra, 2520 Gelid, Anaheim. The Council is being asked to approve a salary for the Assistant City Manager of $112,000. He made an issue in his campaign for election that executive management salaries in the City were higher than comparable positions in education. Added to the $112,000 is an 8% management package all executive managers receive which they use to pay their PERS. He is concerned over how the City, which is facing severe financial problems, can afford such salaries. He understands that the position is important, but not any more important than the President and Superintendent of the North Orange County Community College District who do not have near that pay nor the superintendents of local school districts. He wonders how the City does a survey that ignores education. His concern has nothing to do with the individual but everything to do with the process. Salaries make up the dominent cost factor in any government. Chopping people at the lower end and the haste to replace at the top concerns him. The Council should take this under advisement. Later in the meeting, at the request of Council Member Feldhaus, City Manager Ruth explained that the proposed salary is competitive with other cities. The City does not compare salaries with the school districts, but on a regular basis with cities of comparable size and responsibility. The position is about $7,000 under the former incumbent's salary. When they submitted that recommendation to the City Council, it was as a result of some major reorganization. Other cuts in management staff in the City during the past few months have saved over $400,000. This position is vital to the operation of the City. The salary is competitive and in order to compensate for that salary some major reductions have been made and major reductions will continue to be made in staff throughout the City. Of the 175 positions actually abolished to date, 20% of those positions have been management positions. They are looking at every opportunity to reduce the cost of operations in the city. A2§. 114~ Approving minutes o~ the Council meeting held December 1~, 1992. A29a. 167: RESOLUTION NO. 93R-21~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING SUBMITTAL OF TRAFFIC SIGNAL IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM - Competitive Measure M Signal Improvement Funds. Submitted was report dated January 22, 1993 from the Director of Public Works and City Engineer recommending approval of the submittal of three traffic signal improvement project applications for competitive Measure M Signal Improvement funds. 61 City Hall, ~--heim, California - COUNCIL MINUFES - JANUARY 26, 1993 - 5:00 P.M. Roll Call Vote on Resolution Nos. 93R-18 throuqh 93R-21, both inclusive, for adoptions AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly None None The Mayor declared Resolution Nos. 93R-18 through 93R-21, both inclusive, duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. 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. 179: CONTINUED REHEARING - 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, Irvine, CA 92715 LOCATION: 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, 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 for January 12, 1993. Letter dated January 7, 1993 was then submitted by the applicant for the Amusement Permit for a 90-day continuance. The applicant was not present on January 12, 1993. The Council granted a continuance but only to this date, January 26, 1993. Letter dated January 21, 1993 from Mr. Richard A. DeBeikes, Jr., DeBeikes Investment was received withdrawing the request for approval of the Amusement Arcade Permit. MOTION: Council Member Daly moved to approve withdrawal of Amusement Arcade Permit No. 1019, Council Member Simpson seconded the motion. Before further action was taken, Mayor Daly asked the City Attorney if any additional actions were necessary or whether the public hearing would have to be opened. City Attorney White. The motion on the floor is legally correct at this time, since the applicant has withdrawn the application. 62 City Hallr Anaheim, California - COUNCIL MINt~TE$ - JANUARY 26, 1993 - 5:00 P.M. Mayor Daly. He noted that Debbie Davies was in the Chamber audience and asked if she would like to comment even though a formal public hearing will not be conducted. Debbie Davies, U.R.G.E. of Riverdale. She thanked the Council for the time and effort given to this matter. She wants to make it clear, however, that there are other issues that need to be addressed in the same center. The Council is aware of those issues - circulation, parking, access, etc. She has spoken with Mr. Sanborn (Cinemapolis) but not with Mr. DeBeikes (adjacent Imperial properties). She offered her assistance along with that of Mark Thompson. If they can help with a compromise between the two property owners, they would be happy to assist the Council. They will work as a citizens group and work with the people involved to eliminate the problems. She knows a traffic study is scheduled to take place. There is a big traffic problem at the location and it is of an emergency nature. Emergency vehicle access would be very difficult at a prime time. It is an issue that needs to be discussed. Mr. Sanborn and DeBeikes need to work together. She reiterated they are willing to help in any way as members of U.R.G.E. She confirmed for the Mayor that she had talked to Mr. Sanborn and asked him to list all the problems on a sheet of paper. He (Sanborn) said that he and Mr. DeBeikes had problems in the past in working together. She discussed the situation with Mayor Daly a few weeks ago that the two owners need to compromise. A vote was then taken on the motion approving withdrawal of the permit. MOTION CARRIED. D2. 158: PUBLIC HEARING - THE ACQUISITION OF A PORTION OF THOSE CERTAIN PARCELS OF REAL PROPERTY LOCATED AT 2001-2111 EAST ORANGEWOOD AVENUE FOR ROAD AND PUBLIC UTILITY PURPOSES - STATE COLLEGE/ORANGEWOOD CRITICAL INTERSECTION STREET WIDENING PROJECT - (R/W6000-1r -2, -3) MELUGIN, ET AL: LOCATION: 2001-2111 East Orangewood Avenue. To consider a resolution finding and determining the public interest and necessity for acquiring and authorizing the condemnation of a portion of those certain parcels of real property required for road and public utility proposes located at 2001-2111 East Orangewood Avenue. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - January 14, 1993 Submitted was report dated January 14, 1993 from the Director of Public Works and City Engineer, Gary Johnson recommending that the proposed actions be taken as listed in his report. Natalie Lockman, Principal Civil Engineer. The property is for the State college - Orangewood critical Intersection program. They have failed to reach an agreement for acquisition to date. They are going to move ahead with the project this summer and the scheduled completion date will be approximately three months. Mayor Daly opened the public hearing and asked to hear from anyone who wished to speak on any of the following issues only: 1. Whether the public interest and necessity require the project. 2. Whether the project is planned and located in a manner that will be the most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired is necessary for the project. 63 City Hall, Anaheim, California - COUNCIL MI~S - JANUARY 26, 1993 - 5~00 P.M. 4. Whether the offer required by 7267.2 of the Government Code has been made to the owner or owners of record. No one came forward to speak on any of the aforementioned issues. The public hearing was then closed. Council Member Daly offered Resolution No. 93R-22 for adoption, finding and determining the public interest and necessity for acquiring and authorizing the condemnation of certain real property. (R/W 6000-1, 2, & 3 Melugin, et al.). Refer to Resolution Book. RESOLUTION NO. 93R-22: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY. (R/W 6000-1, 2, & 3 Melugin, et al.). Roll Call Vote on Resolution No. 93R-22 for adoution~ AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly None None The Mayor declared Resolution No. 93R-22 duly passed and adopted. MOTION: Council Member Daly moved to authorize the law firm of Oliver, Bart and Vose, special counsel for the City of Anaheim, and the City Attorney to proceed with said condemnation action; and authorizing the security deposit (fair market value) of $339,050 to be deposited with the Orange County Clerk of Superior Court. Council Member Pickler seconded the motion. MOTION CARRIED. MOTION: Council Member Daly moved that the previous certification of EIR No. 285 is adequate for purposes of environmental review. Council Member Pickler seconded the motion. MOTION CARRIED. Council Member Hunter left the Council Chamber. (6:21 p.m.) D3. 179: PUBLIC HEAHING - VARIANCE NO. 4202 AND NEGATIVE DECLARATION: OWNER: Richard Held, 264 North Saltair Avenue, Los Angeles, CA 90049 LOCATION/REQUEST: The property is located at 540-546 South Rose Street and is approximately .56 acre located on the east side of Rose Street and approximately 160 feet north of the centerline of Water Street. The request is for a waiver of minimum landscape requirements, minimum number of required parking spaces and refuse storage requirements to permit the conversion of a 4-unit, 14,000 square foot industrial building to a 4-unit industrial condominium complex. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4202 DENIED (PC92-140) (6 yes votes, 1 vacancy). Denied Negative Declaration. HEAHING SET ON: An appeal of the Planning Commission's decision was requested by the owner, Richard Held and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - January 14, 1993 Mailing to property owners within 300 feet - January 14, 1993 Posting of property - January 15, 1993 64 C£t¥ Hall, Anaheim, Callfornia - COUNCIL MINUTES - JANUARY 26, 1993 - 5=00 P.M. PLANNING STAFF INPUT~ See staff report to the Planning Commission dated December 2, 1992. Annika Santalahti, Zoning Administrator. She reviewed the reasons why the Planning Commission denied the application. Their basic concerns were problems in the past of parking and on-site storage. She referred to the four photographs which were posted on the Chamber wall. There is a concern if the building is subdivided, potentially they will have to deal with four tenants and four owners. What exists is a very non-conforming situation. There is inadequate parking reflected in code enforcement activity. There is no landscaping in the front. Trash enclosures are not provided in the normal closures. Technically there ie available parking to the rear of the alley which has been fenced off and is unusable. In conclusion, staff felt, and the Commission concurred, the existing situation is significantly non-conforming and a subdivision of the property would not improve it, but likely make it a more difficult situation to work with. Mayor Daly opened the public hearing. APPLICANT'S STATEMENT: Richard Held. He referred to the letters previously sent along with plot plans (letter dated December 9, 1992 with attachments - previously made a part of the record). He then briefed the information contained in his letter listing what he felt are the advantages to the City if the request is approved, the main one being that people who own their own property take better care of it and maintain it better than tenants. He is trying to encourage ownership for the small businessman. Relative to parking, the building has existed over 30 years with the present parking arrangement. Allowing four units will not create any additional parking requirements. Approval could result in a higher tax base for the City. There will be no structural change but the building will remain as is. The staff report indicated that there are problems in the area. He conceded there are some but he feels those are with existing facilities where conditional use permits were granted to automotive uses. He does not have any in his building. Technically, they are only one space short in meeting the parking requirement. He could not meet the requirement for landscaping and refuse enclosures because he would lose parking.. There is an alley to the rear and tenants use it for parking for some of their vehicles. Council Member Feldhaus, after having Mr. Held confirm specifically which one was his building, stated that in the back of the property at 540, there are many vehicles which are being dismantled and everything else. Mr. Held stated that is his property and those tenants are there on a sublease from the people who rent from him. He informed them that is not an accepted use. They are moving out probably in the next month or two. It is not a legal activity and he does not want it there. He has to go through the procedures of evicting people. He notified his tenant in a friendly manner. Council Member Feldhaus asked to hear from a representative from Code Enforcement. Bruce Freeman, Code Enforcement Supervisor. The strip commercial in the industrial center on Rose Street has been a constant problem for the last nine years. There are many problems - outdoor storage, unavailable parking, double parking in the streets in the areas in front of the location, etc. There is a continuing problem in all units. It is not one particular incident on this property but the entire industrial complex has been a problem. The outside 65 City Hallr Anaheimr California - COUNCIL MINUTES - JANUARY 26, 1993 - 5:00 P.M. fenced areas have always been used for storage. There has not been an instance where they have been available for parking. The Mayor asked if anyone else wished to speak either in favor or in opposition; there was no response. SUMMATION BY APPLICANT: Richard Held. As an owner, he recognizes the problems with parking which, as he stated, occurred when Conditional Use Permits were granted to automotive uses. His building does not have those types of uses. He feels he has the right to be able to sell off 4 units to 4 separate people. He has been a real estate broker for 20 years. People that own properties typically take better care of them than those who rent. A couple of his tenants have been there for ten years and they have been good tenants. Council Member Pickler. Mr. Held has been the owner of the property but he has not taken care of it; Council Member Feldhaus. He is concerned with the status of the property. He visited the property five years ago as a Planning Commissioner and feels that it does not look any different today. He believes the situation will be compounded four times by separate ownership. Mayor Daly closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member Pickler, seconded by Council Member Daly, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Council Member Hunter temporarily absent. MOTION CARRIED. Council Member Pickler offered Resolution No. 93R-23 for adoption, denying Variance No. 4202. Refer to Resolution Book. RESOLUTION NO. 93R-23: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 4202. Roll Call Vote on Resolution No. 93R-23 for adoptions AYES: NOES: ABSENT: TEMPORARILY ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Pickler, Simpson, Daly None None Hunter The Mayor declared Resolution No. 93R-23 duly passed and adopted. BOARDS AND COMMISSIONS: A30. 105: APPOINTMENT TO THE HOUSING COMMISSION: To fill an unscheduled vacancy (Thill term ending June 30, 1993). This item was last continued from the meeting of January 5, 1993 to this date. Nominations were opened. Mayor Daly nominated Marvin Gold. 66 City Hallr Anaheimr California - COUNCIL MINUTES - JANUARY 26, 1993 - 5:00 P.M. Council Member Feldhaus noted that a letter had been received from Paula Biester; Mayor Daly. He saw her letter of resignation from the Vector Control District also commenting that she would like to be considered for some other appointment. He understood she no longer wanted to be involved in City Government but apparently that was not so. Council Member Simpson noted that Ms. Biester's attendance at Vector Control District meetings was 94%. He commended her or anyone who could attain such an attendance record considering the subject matter of those meetings; Council Member Pickler. He understood the reason for resigning was due to a change of hours so that it was not now possible to attend the meetings. Council Member Feldhaus nominated Paula Biester. Council Member Pickler moved to close nominations. Council Member Simpson seconded the motion. Council Member Hunter was temporarily absent. MOTION CARRIED. A Roll Call Vote was then taken on the nominees in the order in which they were nominated. Marvin Gold - Ayes: Noes: Abstained: Temporarily Absent: Pickler, Simpson, Daly None Feldhaus Hunter Paula Biester - Ayes: Abstained: Temporarily Absent: Feldhaus Pickler, Simpson, Daly Hunter Marvin Gold was thereupon appointed to the Housing Commission for the term ending June 30, 1993. Council Member Feldhaus asked that Ms. Biester's letter be brought forward for consideration in the future when there are vacancies on other Boards and Commissions. A31. 105: APPOINTMENTS TO THE MOTHER COLONY HOUSE ADVISORY BOARD: To fill a scheduled and an unscheduled vacancy - Edward's term ending December 31, 1992 - scheduled -- Smith term ending December 31, 1994 - unscheduled. City Clerk Sohl noted that Dixie Edwards expressed her wish to be reappointed to the post for an additional four-year term. Nominations were opened. Council Member Pickler nominated Dixie Edwards. Council Member Daly moved that nominations be closed. Council Member Simpson seconded the motion. Council Member Hunter was temporarily absent. MOTION CARRIED. Council Member Pickler moved to declare a unanimous vote approving the reappointment of Dixie Edwards to the Mother Colony House Advisory Board for the term ending December 31, 1996. 67 City Hall, Anaheim, California - COUNCIL MINUTES - JANUARY 26, 1993 - 5:00 P.M. Council Member Simpson seconded the motion. MOTION CARRIED. Council Member Hunter was absent. Mayor Daly nominated Todd Kaudy for the unscheduled vacancy on the Mother Colony House Advisory Board for the term ending December 31, 1994. Council Member Feldhaus moved that nominations be closed, Council Member Simpson seconded the motion. Council Member Hunter was temporarily absent. MOTION CARRIED. Council Member Daly moved to declare a unanimous vote for the appointment of Todd Kaudy to the Mother Colony House Advisory Board to fill the unscheduled vacancy for the term ending December 31, 1994. Council Member Simpson seconded the motion. Council Member Hunter was temporarily absent. MOTION CARRIED. ITEMS B1 - B8 FROM THE ZONING ADMINISTRATOR MEETING OF JANUARY 7, 1993: DECISION DATE: JANUARY 14r 1993 INFORMATION ONLY - APPEAL PERIOD ENDS JANUARY 29, 1993: B1. 179: VARIANCE NO. 4209, CATEGORICALLY EXEMPT, CLASS 11: OWNER: Imperial Properties, James Dobrott, 1770 Cowen Street, Suite $100, Irvine, CA 92714 AGENT: Newport Gourmet Service Corp., Dan Silva or Carolyn Vicario, 500 Newport Center Drive, Suite $740, Newport Beach, CA 92660 LOCATION: 5741 East Santa Ana Canyon Road. Property is approximately 8.06 acres located at the northeast corner of Santa Ana Canyon Road and Imperial Highway. To retain a roof-mounted satellite dish antenna within the Scenic Corridor Overlay Zone with waiver of roof-mounted equipment. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4209 APPROVED, IN PART, for ground mounting (ZA93-01). The decision of the Zoning Administrator was appealed and a public hearing set for February 9, 1993. B2. 179: VARIANCE NO. 4216 AND NEGATIVE DECLARATION: OWNER: University National Bank & Trust, 1999 Avenue of the Stars, Ste 2900, Los Angeles, Ca 90067 AGENT: MVA Architects, Jennifer White, 20201 S.W. Birch, Ste. 180, Santa Ana Heights, CA 92707 LOCATION: 1201 East Cerritos Street. Property is approximately 8.09 acres with frontage of approximately 325 feet on the north side of Cerritos Avenue, having a maximum depth of approximately 1,248 feet and being located approximately 600 feet east of the centerline of Lewis Street. To construct a 16,105-square foot office area within an existing office/warehouse facility with waiver of minimum number of parking spaces. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4216 APPROVED (ZA93-02). Approved Negative Declaration. B3. 179: ADMINISTRATIVE USE PERMIT NO. 92-06: OWNER: Saeed Nabiey, 255 N. Paseo Campo, Anaheim, CA 92807 ATTN: Ester Khobier/Nabiey 68 City Hall, Anaheim, California - COUNCIL MINUTES - JANUARY 26, 1993 - 5:00 P.M. LOCATION: 255 N. Paseo Campo. Property is approximately 0.38 acre, having an approximate 48 feet on the southwest side of Paseo Campo and with maximum depth of approximately 240 feet and being located approximately 245 feet south west of the centerline of Camino Manzano. To permit a large family daycare home with approximately 7-12 children. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Use Permit No. 92-06 APPROVED (to remove carpet from garage with Code Enforcement follow-up) (ZA93-03). NOTE: Administrative Use Permit No. 92-06 has a 22-day appeal period which expires February 5, 1993. B4. 179: VARIANCE NO. 4211, CATEGORICALLY EXEMPT, CLASS 3: OWNERs William Lyon Trust, 4921 Birch Street, Suite 110, Newport Beach, CA 92660 AGENT: William Lyon Management Property Company, 4921 Birch Street, Suite 110, Newport Beach, CA 92660 LOCATION: 5601 East Orangethorpe Avenue. Property is approximately 13.6 acres, having a frontage of approximately 580 feet on the north side of Orangethorpe Avenue, with maximum depth of approximately 1,010 feet and being located approximately 460 feet west of the centerline of Imperial Highway. To retain a 9-foot high block and chainlink fence with waiver of maximum fence height. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4211 APPROVED (ZA93-04). B5. 179: VARIANCE NO. 4212, CATEGORICALLY EXEMPT, CLASS 5: OWNER: Leon Padilla, 210 East Ellsworth, Anaheim, Ca 92805 AGENT: Miguel Angel Portillo, 13800 East Avenue G-230, Lancaster, CA 93535 LOCATION: 210 East Ellsworth Avenue. Property is approximately 4,.730 square foot, having a frontage of approximately 45 feet on the south side of Ellsworth Avenue, with maximum depth of approximately 113 feet and being located approximately 155 feet east of the centerline of Claudina Street. To construct a 1,014-square foot room addition to an existing single-family residence with waiver of minimum open space requirement. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4212 Denied (ZA93-05). B6. 179: VARIANCE NO. 4214, CATEGORICALLY EXEMPT, CLASS 5: OWNER: Mohamed & Noha Khouvaki, 1217 South Brookhurst Street, Anaheim, CA 92804 AGENT: Paul Russavage, 1217 South Brookhurst Street, Anaheim, CA 92804 LOCATION: 1217 South Brookhurst Street. Property is approximately 0.3 acre, with frontage of approximately 120 feet on the west side of Brookhurst Street, having a maximum depth of approximately 115 feet and being located approximately 280 south of the centerline of Ball Road. To retain an existing metal roof cover with waiver of minimum structural setback. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4214 APPROVED (ZA93-06). B7. 179: ADMINISTRATIVE ADJUSTMENT NO. 0077: 69 City Hall, Anaheim, California - COUNCIL MINUTES - JANUARY 26, 1993 - 5:00 P.M. OWNER: Kurzet Family Trust, P.O. BOX 680670, Park City, Utah 84060 AGENT: Plastiflex Company, 1161 Slater Avenue, Fountain Valley, CA 92708 LOCATION: 1400 North Baxter Street. To construct a 6,792 square foot office area in an existing 43,380 square foot industrial building, with waiver of minimum number of parking spaces. BB. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 0077 APPROVED (ZA93-07). 179: AMUSEMENT ARCADE PERMIT NO. 1020: OWNER: Alpine Development, 13072 Holt Avenue, Santa Ana, CA AGENT: Robert Hicks, 4331 Nestle Street, Cypress, CA 90630 LOCATION: 404 North State College Boulevard (Poor Bob's): To permit up to 9 amusement arcade devices. 92705 ACTION TAKEN BY THE ZONING ADMINISTRATOR: Amusement Arcade Permit No. 1020 APPROVED, not enough opposition (ZA93- 08). NOTE: Date of decision was 1/19/93. 10-day appeal period expires 1/29/93. A review of the Zoning Administrator's decision was requested by Council Members Pickler and Feldhaus, and therefore, a public hearing will be scheduled at a later date. END OF THE ZONING ADMINISTRATOR ITEMS. Council Member Pickler offered Ordinance No. 5355 for first reading. B9. 179: ORDINANCE NO. 5355 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 80-81- 36 LOCATED AT 231 S. LOARA STREET FROM THE RS-A-43,000 ZONE TO THE ML ZONE. Cl. 173: REQUEST OF WEST COAST CAB COMPANY TO CHANGE NAME, COLOR AND LOGO OF TAXICABS: APPLICANT: A-AAA Yellow Cab, Inc., Attn: Mike Casey, 941 N. Santiago Street, Santa Ana, CA 92701 To consider the request of A-AAA Yellow Cab (West Coast Cab. Company) for a change in name, color and logo of taxicabs which operate within the City of Anaheim. Submitted was letter dated January 25, 1993 from the West Coast Transportation Network Inc., requesting a two-week continuance of the subject request. City Clerk Sohl announced that the City Attorney has advised her that he notified the applicant that a two week continuance to February 9, 1993 could be allowed. City Attorney White. He has the authority to allow the continuance since the Council previously gave him the authority to grant continuances where public hearings are not involved. The applicant has been advised of the continuance to February 9, 1993 and Mr. Slagle (Yellow Cab Company) was also advised. He notes that Mr. Slagle is also present in the Chamber audience. 70 City Hall, Anaheim, California - COUNCIL MINUTES - JANUARY 26r 1993 - 5:00 P.M. MOTION: Council Member Daly moved that the subject request be continued to Tuesday, February 9, 1993. Council Member Pickler seconded the motion. Council Member Hunter was temporarily absent. MOTION CARRIED. Council Member Hunter entered the Council Chamber. (6:51 p.m.) COUNCIL COMMENTS: Brief comments were made by Council members on various items. Council Member Pickler commended the City Manager and staff for the fast actions taken and the ongoing activities/efforts regarding the Santiago Landslide - the slide occurrence in the hills area. Mayor Daly. He announced as a part of the continuing efforts to keep residents and interested members of the community informed, another town hall meeting will be held tomorrow evening, Wednesday, January 27, 1993 at 7:00 p.m. at the LDS Church on Fairmont Boulevard. ADJOURNMENT: By General Consent the Council adjourned. (6:52 p.m.) LEONORA N. SOHL, CITY CLERK 71