1993/04/06City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 6, 1993 - S:00 P.M.
The City Council of the City of Anaheim met in regular seesion.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
COUNCIL MEMBERS: None
CITY M;tNAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. $ohl
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich
PLANNING DIRECTOR: Joel Fick
ZONING ADMINISTRATOR: Annika Santalahti
UTILITIES GENERAL MANAGER: Edward Aghjayan
ZONING DIVISION MANAGER: Greg Hastings
ASSISTANT PLANNER: Gregory McCafferty
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:45 p.m. on April 2, 1993 at the Civic Center kiosk, containing all
items as shown herein.
Mayor Daly called the meeting to order at 3:00 p.m.
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.
Nunez v. City of Anaheim, Orange County Superior Court Case No.
68-84-24.
Withers v. City of Los Angeles, et al., Los Angeles Superior Court Case
No. BC 034190.
Dease dba The Wounded Knee Saloon, United States District Court Case
No. CV 93-1712 RC (Sx).
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
Dur~uant to Government Code Section 54957.
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.
By general Consent, the Council recessed into Closed Session. (3:00 p.m.)
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AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(5:25 p.m.).
INVOCATION: Dr. Bryan Crow, The Garden Church, gave the invocation.
FLAG SALUTE: Council Member Frank Feldhaus led the assembly in the Pledge of
Allegiance to the Flag.
119: PRESENTATION - $500 GRAFFITI REWARD: Mr. John Poole, the City's Code
Enforcement Manager introduced Mr. A1 Brady and summarized the actions taken
by Mr. Brady in apprehending a person defacing a utility pole with graffiti.
That person was later convicted.
Mayor Daly presented the reward check of $500 and he and the Council Members
personally commended Mr. Brady for his actions.
The following were recognitions authorized by the City Council this date to be.
mailed or presented at another time:
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was
unanimously adopted by the City Council recognizing the Anaheim Rotary Clubs
Four-Way Test April 12 through 16, 1993.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Daly
and authorized by the City Council:
Knights of Columbus "Day of Sharing", April 17, 1993.
Orange County's National Volunteer Appreciation Week
April 18-24, 1993.
U.S. Holocaust Memorial Museum's "Days of Remembrance"
April 18-25, 1993.
"Let's Make A Difference Day" in Anaheim, April 18, 1993.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,850,726.34 for the
period ending March 28, 1993 and $2,956,258.98 for the period ending April 4,
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. (5:40 p.m.)
Mayor Daly reconvened the City Council meeting. (5:42 p.m.)
ITEMS OF PUBLIC INTEREST:
Jeff Kirsch, 2661 W. Palais, Anaheim. He expressed concern about the results
of the last two Arena Agreements as well as objections to the methods used to
expedite them through the Council. He then posed a line of questions relative
to some of the specifics of the agreements.
Later in the meeting, Mayor Daly asked that Mr. Kirsch either submit a copy of
his notes or put his questions in writing in the form of a letter and he
(Daly) would see to it that the questions are answered.
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Mrs. Johnnie Foster. Her concern is with the problem of drug rehabilitation
houses in residential areas in Anaheim and specifically in her neighborhood
where she has lived for 34 years. Now a drug rehabilitation home is right
across from her. She does not know who licensed them and allowed them into
their single-family neighborhood. She asked how it can be removed before
there is an incident such as in another section of Anaheim where a child was
attacked. She clarified that there are 6 to 12 people in the home at one time
or another.
City Attorney White. There are provisions in State law that mandate these
type of houses in residential zones where the City cannot treat them
differently from other single-family homes dependent upon how many individuals
there are in the home - 6 or less, or between 6 and 12. With 6 or fewer, they
are deemed single-family uses - between 6 and 12 they fall in a category where
the City can issue a license but is prohibited from denying them access into
the neighborhood. The State in its wisdom has seen fit to mandate these uses
in residential areas, the idea being that residential settings are more
beneficial to the rehabilitative process rather than an institutionalized
setting.
After additional discussion, Mrs. Foster was referred to the Code Enforcement
Manager, John Poole who was present in the Chamber audience to discuss the
concerns she brought forth relative to the residents of the home and also to
obtain from the City Attorney's Office background information on how these
homes are able to operate in residential areas. The address of the home is
1707 Redwood, Anaheim.
Ron Jobson, 1666 Via Campo, La Verne 91750, Local Sign Contractor. He is
speaking regarding a client of his at 5624 E. La Palma who is being denied
signage necessary for the health of his business because of a provision in the
Anaheim Municipal Code (18.05.091.020). Other tenants within the center
already have multiple elevated sign displays. He knows some have not been
granted a variance. His client's business is set back from the street. A
sign only over the store front entrance is excessively limiting. He has been
to the Planning Department four times and has talked with four different
individuals who have given him four different stories. If he cannot secure
the business he is able to obtain, it affects the community in an adverse way.
After Mr. Jobson answered questions posed by Council Member Pickler, Joel
Fick, Planning Director stated he would talk with Mr. Jobson. From his.
comments, it sounds like other businesses have signs similar to the one he
would like to install. Either those other businesses have been granted
variances or have put up signs illegally. He will be happy to meet with him.
Rene Serrano, 1335 S. Petal Place, Anaheim. He submitted a petition asking
the Mayor and Council to instruct the City Manager and the Public Works
Engineering Department/Traffic and Transportation Division to (1) add two
additional stop signs to the intersection of Iris Street and Winston Road and,
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(2) to create a safe exit from their neighborhood by converting the Anaheim
Boulevard Center Lane (north of Winston Road) to a safe entry lane for cars
exiting the Winston Road eastbound connection to northbound Anaheim Boulevard
lanes (details/drawings specified on the petition). The petition contained
approximately 200 signatures. They were already told by the Traffic Division
that according to California traffic regulations, they cannot do what the
neighborhood is requesting because there is an insufficient traffic volume.
Mayor Daly stated that the issue would be studied and the Council will ask the
Traffic Engineering Department for an evaluation of the request and a response
would be forthcoming to him.
PUBLIC COMMENTS - AGENDA ITEMS:
There was a request by a member of the public to speak to Item B1 (see
discussion under that item).
MOTION: Council Member Pickler moved to waive reading in full of all
ordinances and resolutions to be acted upon for the Council meeting of
April 6, 1993. Council Member Daly seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member
Pickler, seconded by Council Member Daly, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Council Member Daly
offered Resolution Nos. 93R-53 through 93R-56, both inclusive, for adoption.
Council Member Daly offered Ordinance Nos. 5360 and 5362 for adoption. Refer
to Resolution/Ordinance Book.
Al. 118: Rejecting certain claims filed against the City.
City Attorney White. There are actually two categories of claims that the
Council is rejecting. There is a staff report on each of those sets of
claims. One set relates to rejecting only the portions of the claims that are
not otherwise time barred on the grounds of failure to cure defects that are
given in the notice of insufficiency sent to the claimants and also due to the
lack of merit. The Council will be acting with one action in two different
categories of those claims and for two different purposes.
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 Golden West Property Management for property damage
sustained purportedly due to actions of the City on or about October 8,
1992.
b. Claim submitted by Vincent H. Muttart for property damage sustained
purportedly due to actions of the City on or about December 9, 1992.
118: Claims filed against the City of Anaheim - recommended rejection of
those portions of the following claims which are not time barred, on the
ground of failure to cure defects set forth in City of Anaheim Notice of
Insufficiency and, without waiving any other defenses, due to lack of merit.
a. Claim submitted by Louis A. Delmonico, c/o Robert W. Loewen, for
property damage and bodily injury sustained purportedly due to actions of
the City.
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b. Claim submitted by Maureen R. Delmonico, c/o Robert W. Loewen, for
property damage and bodily injury sustained purportedly due to actions of
the City.
c. Claim submitted by Susan L. Delmonico, c/o Robert W. Loewen, for
property damage and bodily injury sustained purportedly due to actions of
the City.
d. Claim submitted by Gregory L. Delmonico, c/o Robert W. Loewen, for
property damage and bodily injury sustained purportedly due to actions of
the City.
e. Claim submitted by Andrew L. Delmonico, c/o Robert W. Loewen, for
property damage and bodily injury sustained purportedly due to actions of
the City.
f. Claim submitted by Helen Belmonte, c/o Robert W. Loewen, for property
damage and bodily injury sustained purportedly due to actions of the City.
A2. 140: Receiving and filing the Anaheim Public Library Monthly Statistical
Report for the months of January 1993 and February 1993.
105: Receiving and filing minutes of the Anaheim Public Library Board meeting
held February 24, 1993.
105: Receiving and filing minutes of the Mother Colony House Advisory Board
meeting held January 11, 1993.
105: Receiving and filing minutes of the Community Redevelopment Commission
meeting held February 17, 1993.
114: Receiving and filing Resolution No. 93-18 of the City of San Clemente,
calling for all citizens of San Clements to respect the similarities and
differences of all people.
114: Receiving and filing Resolution No. 7552-93 of the City of Garden Grove,
protesting the state cutbacks and increased mandates against local
governments.
114: Receiving and filing Resolution No. 4211 of the City of Seal Beach
supporting Federal legislation ending the practice of imposing unfunded
Federal mandates on local and State governments and to ensure that the Federal
government pays the costs incurred by those governments in complying with
certain requirements under Federal statutes and regulations.
A3. 169: Awarding the contract to the lowest responsible bidder,
Sully-Miller Contracting Company, in the amount of $99,932 for Yorba Linda
Boulevard/La Palma Avenue Street and Storm Drain 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.
A4. 129: Awarding the contract to the lowest responsible bidder, Horsy
Electric, Inc., in the amount of $26,319 for construction of a fire signal at
Fire Station No. 9; 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.
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City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 6, 1993 - 5=00 P.M.
A5. 169: Approving a Notice of Completion of the construction of Magnolia
Avenue Street Improvements from the north city limit to La Palma Avenue by
R.J. Noble Company, and authorizing the Mayor to sign and the City Clerk to
file said Notice of Completion.
A6. 150: Approving a Notice of Completion of Sage Park Improvements - Phase
I, Ballfield Renovation by E.C. Construction Company, and authorizing the
Mayor to sign and the City Clerk to file said Notice of Completion.
A7. 123: Approving the Twelfth Addendum to the Agreement with Hellmuth,
Obata & Kassabaum, Inc., in the amount of $9,047.50, for revisions to the
design documents for the Anaheim Arena.
AS. 158: Authorizing the all-inclusive payment of $355,000 to Gonzalez Ltd.
dba Northgate Market pursuant to agreement and release on file for
modifications to their building located at 722 North Anaheim Boulevard, North
Anaheim Boulevard street widening project - R/W 3500-47.
A9. 156: Holmes & Narver, Phase 2 through Phase 6, Architectural Services
for the Anaheim Police Department Satellite Substation:
City Manager James Ruth. Staff is asking that the item be continued until the
next meeting (April 20, 1993). A workshop will be held that date and the item
again presented for Council consideration. He explained for Council Member
Feldhaus that the workshop had been planned for today but due to the very
tight schedule and lengthy items in Closed Session, staff felt it was more
appropriate to postpone it. He also clarified that in order to expedite the
project, they will agendize the agreement for that same Council meeting.
After the workshop, if the Council so chooses to move on it that night, they
can do so.
Al0. 173: RESOLUTION NO. 93R-53: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS
UNDER SB 821 AND APPROVING THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN.
All. 123: Accepting the low bid, and authorizing the execution of a Contract
to GTE Customer Networks, in an amount not to exceed $23,160.82, for telephone
maintenance at Anaheim Stadium in accordance with Bid #5115.
Al2. 152: RESOLUTION NO. 93R-54: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DESIGNATING CERTAIN PERSONS TO ACT ON BEHALF OF THE CITY OF
ANAHEIM IN APPLYING FOR AND OBTAINING FEDERAL FINANCIAL ASSISTANCE UNDER P.L.
93-288 AS AMENDED BY THE ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY
ASSISTANCE ACT OF 1988 AND/OR STATE FINANCIAL ASSISTANCE UNDER THE NATURAL
DISASTER ASSISTANCE ACT.
Al3. 137: RESOLUTION NO. 93R-55: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 93R-51 ADOPTED ON MARCH 23, 1993,
PROVIDING FOR THE BORROWING OF FUNDS FOR FISCAL YEAR 1992/93 AND THE ISSUANCE
AND SALE OF 1993 TAXABLE NOTES THEREFOR (1993 TAXABLE NOTE ISSUE - $66
MILLION.)
Al4. 127: Authorizing the payment of $38,797.06 to the County of Orange per
their invoice dated March 25, 1993, and further authorizing an increased
allocation to Account No. 101-104-1133-7409 in the amount of $8,952.00 for the
November 1992 Election.
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A15. 153: Approving staff recommendation to maintain the current management
salary structure for the 1993 calendar year.
Al6. 114: Adopting Council Policy No. 125 establishing guidelines for the
issuance of Honorary Lifetime Golf Passes.
Al7. 123: Approving an agreement with Pacific Bell to permit patrons of the
Pearson Park Theatre to use the enclosed parking lot located at Lincoln Avenue
and Anaheim Boulevard, at no cost to the City for Pearson Park Theatre.
Al8. 123: Waiving Council Policy 401, and authorizing an agreement with
American Management Systems, Inc., (AMS) for contract programming and/or
consulting services for AFRAM support.
Al9. 123: Approving an Interruptible Load Agreement with Sees Color
Textiles, Inc., and authorizing the Public Utilities General Manager to sign
said agreement and any necessary enabling documents required to implement said
agreement.
A20. 137: RESOLUTION NO. - ...... : Authorizing (I) the invitation of
proposals for the purchase of (A) not to exceed $140,000,000 aggregate
principal amount of Electric System Certificates of Participation and (B) not
to exceed $71,000,000 aggregate principal amount of Electric Revenue Bonds,
1993 series; (II) approve one or more Notices Inviting Bids relating to the
certificates and one or more Notices of Intention to sell certificates; (III)
a Notice Inviting Bids relating to the bonds and a Notice of Intention to sell
bonds; and (IV) authorizing the delivery of one or more Preliminary Official
Statements.
RESOLUTION NO. - ..... : Authorizing the invitation of proposals for the
purchase of not to exceed $25,000,000 aggregate principal amount of Water
Revenue Refunding Bonds, 1993 series; approve the Notice Inviting Bids
relating to the bonds, and the Notice of Intention to sell bonds; and
authorizing the delivery of a Preliminary Official Statement.
Council Member Simpson. He asked if withholding this item for two weeks would
create undo concern on the part of staff; Ed Aghjayan, Public Utilities
General Manager. He answered a two week continuance would not cause a
problem.
MOTION: Council Member Simpson moved to continue the foregoing items under
A20 for two weeks to April 20, 1993. Council Member Daly seconded the motion.
MOTION CARRIED.
A21. 123: Approving a First Amendment to the Agreement with Mudge Rose
Guthrie Alexander & Ferdon and Rourke, Woodruff & Spradlin for bond counsel
services in connection with electric and water system financings to extend the
term of the Agreement, and authorizing the Public Utilities General Manager to
execute the Amendment.
A22. 123: Approving a Third Amendment to Agreement for Environmental Studies
with Woodward-Clyde Consultants, in the amount of $422,712 (Anaheim's share is
$128,000) to provide funds for the final phase of environmental services for
the Adelanto-Lugo Transmission Project (ALTP).
A23. 123: Approving an Agreement with KPMG Peat Marwick for the next three
fiscal years (June 30, 1993 through June 30, 1995) for auditing the City's
financial records.
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City Manager Ruth. Some concern has been expressed by the Council with the
suggestion that the matter be carried over. He talked to the Finance Director
and the City went out to bid on the item over a year ago. The successful
bidder has withdrawn from the project and the recommendation for the award
tonight is the second low bidder, KPMG Peat Marwick. Only two bids were
received on the proposal. The Council may want to consider that in their
deliberations. He also clarified for Council Member Simpson that they
originally went out to bid for a 3-year period.
Council Member Simpson. He asked if Peat Marwick will then be filling out the
balance of the 3-year contract or if the award is for 3 years; City Manager
Ruth. They are awarding for 3 years.
Council Member Simpson. He has less concerns inasmuch as the first bidder has
withdrawn. He will withdraw any objections he has.
A24. 179: ORDINANCE NO. 5360 - ADOPTION: AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING ORDINANCE NO. 5350 RELATING TO CAMPAIGN REFORM, NUNC PRO TUNC
(RENUMBERING CHAPTER 1.03 AMC AS 1.09 AMC). (Introduced at the meeting of
March 23, 1993.)
A25. 179: ORDINANCE NO. 5362 - ADOPTION/URGENCY: AN ORDINANCE OF THE CITY
OF ANAHEIM AMENDING SECTION 18.03.060 OF CHAPTER 18.03 BY ADDING SUBSECTION
18.03.060.050, AND AMENDING SECTIONS 18.03.080 AND 18.03.083 OF CHAPTER 18.03
OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE, CONCERNING FIRST AMENDMENT USES,
AND DECLARING THAT THIS ORDINANCE IS AN URGENCY MEASURE WHICH SHALL TAKE
IMMEDIATE EFFECT.
This item was removed from the Consent Calendar and acted upon separately (see
below).
A26. 158: RESOLUTION NO. 93R-56: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING CERTAIN REAL PROPERTIES OR
INTERESTS THEREIN TO THE CITY.
A27. 123: Waiving Council Policy 401, and approving an Agreement with
Caporicci & Larson to provide fiscal management services for the Community
Development Department through June 30, 1995.
A28. 105: Receiving and filing Disclosure of Property Interests in
Redevelopment Areas as submitted by Albert R. Peraza.
A29. 114: Approving minutes of the adjourned regular City Council meeting,
workshop session of February 2, 1993, held February 9, 1993.
114: Approving minutes of the regular City Council meetings held February 9
and February 23, 1993.
114= Approving minutes of the special City Council meetings held February 23
and February 26, 1993.
A30. 184: Reviewing the need for continuing the Proclamation of the
Existence of a Local Emergency issued by the Director of Emergency Services on
January 19, 1993, and ratified by the City Council on January 26, 1993,
concerning the Santiago Landslide and Pegasus Landslide in the City of
Anaheim; and take no action to terminate the local emergency at this time.
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A31. 123: Approving an Amendment to a Contract with Caltrans to extend the
length of the original contract to June 30, 1993, for the completion of
ongoing work on the Anaheim Event Communication system may be completed.
Roll Call Vote on Resolution Nos. 93R-53 throuqh 93R-56, both inclusive, for
adoptions
AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 93R-53 through 93R-56, both inclusive, duly
passed and adopted.
Roll Call Vote on Ordinance No. 5360 for adoptions
AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 5360 duly passed and adopted.
END OF CONSENT C~T.~DAR. MOTIONS CARRIED.
A25. 179: ORDINANCE NO. 5362 - FIRST AMENDMENT USES - URGENCY MEASURE:
Amending Section 18.03.060 of Chapter 18.03 By adding subsection
18.03.060.050, and amending sections 18.03.080 and 18.03.083 of Chapter 18.03
of Title 18 of the Anaheim Municipal Code, concerning First Amendment uses,
and declaring that this ordinance is an urgency measure which shall take
immediate effect.
City Attorney White. This is to consider adoption of an urgency ordinance.
In order to do so, the law requires that the ordinance must be read in full
since it would be adopted at this one meeting and take effect immediately.
will also require a 4/5 vote of the Council for adoption.
It
City Attorney White thereupon read Ordinance No. 5362 in full.
Council Member Pickler offered Ordinance No. 5362 for adoption.
Ordinance Book.
Refer to
ORDINANCE NO. 5362: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION
18.03.060 OF CHAPTER 18.03 BY ADDING SUBSECTION 18.03.060.050, AND AMENDING
SECTIONS 18.03.080 AND 18.03.083 OF CHAPTER 18.03 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE, CONCERNING FIRST AMENDMENT USES, AND DECLARING THAT THIS
ORDINANCE IS AN URGENCY MEASURE WHICH SHALL TAKE IMMEDIATE EFFECT.
R011 Call Vote on Ordinance No. 5362 for adoptions
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Hunter, Pickler, Simpson, Daly
None
None
The Mayor declared Ordinance No. 5362 duly passed and adopted.
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A31a. 184: ASSIGNMENT OF CONTRACT - REOUIRED WORK IN THE ANAHEIM HILLS
LANDSLIDE AREA:
Submitted was report dated April 6, 1993 from the Public Works Engineering
Department recommending that the Council approve a Consent to the assignment
of an existing contract with Hydroquip Pump Dewatering Corporation to King
Pump and Dewatering Corporation.
Also submitted for receiving and filing was a status report dated April 6,
1993, from Eberhart & Stone, Inc., subject: Update for Implementation of
Emergency Measures, Santiago Landslide Area, Anaheim Hills, California.
City Manager James Ruth. Relative to the subject, Hydroquip lost their
insurance and would like to assign the contract to King Pump and Dewatering
Corporation. This would provide for continuity in pumping which the City
feels is important to provide. Funding would be reimbursed through the State.
It is just a continuation of the existing contract. The action will require
waiving the Brown Act.
MOTION: Council Member Daly moved to waive the 72 hour posting requirement
for consideration of this item pursuant to Government Code Section
54954.2(b) (2) upon a determination that the need to take action arose
subsequent to posting of the agenda for today's meeting and based upon the
following findings of fact: (1) notice was received yesterday by the City
form the current City contractor, Hydroquip Pump & Dewatering Corporation that
Hydroquip could not longer meet the insurance requirements of its contract
with the City, and requesting that the City consent to an assignment of the
contract to King Pump & Dewatering Corporation; (2) King Pump & Dewatering
Corporation has by letter to the City dated yesterday agreed to accept such an
assignment and perform the duties and obligations under the contract; (3) it
is necessary to provide for the assignment of this contract prior to the next
regular meeting of the City Council to assure uninterrupted service by the
contractor in connection with the on-going dewatering efforts concerning the
landslide in the Anaheim Hills area. Council Member Simpson seconded the
motion. MOTION CARRIED.
MOTION: Council Member Daly moved to approve the assignment of the current
contract between Hydroquip Pump & Dewatering Corporation and the City of
Anaheim dated February 1, 1993, by Hydroquip to King Pump & Dewatering
Corporation upon agreement by the assignee to accept such assignment and to
perform all duties and obligations of Hydroquip thereunder. Council Member
Feldhaus seconded the motion. MOTION CARRIED.
A32. 105: APPOINTMENT TO THE COMMUNITY REDEVELOPMENT COMMISSION:
Appointment to fill an unscheduled vacancy on the Community Redevelopment
Commission. (Robert J. Anthony, term expires June 30, 1993.)
Council Member Simpson. He requested, unless there was a strong objection,
that the subject appointment be continued for 3 weeks or 30 days.
MOTION: Council Member Simpson moved to continue the appointment to fill an
unscheduled vacancy on the Community Redevelopment Commission for 3 weeks to
April 27, 1993. Council Member Pickler seconded the motion. MOTION CARRIED.
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ITEMS BI - B4 FROM TEE ZONING ADMINISTRATOR MEETING OF MARCH 18, 19935
DECISION DATE: MARCH 25, 1993 INFORMATION ONLY - APPEAL PERIOD ENDS APRIL 9.
1993~
Bi.
179: ADMINISTRATIVE ADJUSTMENT 0079 (READVERTISED)
OWNER: Ail Building, 558 South Harbor Boulevard, Anaheim, CA 92805
LOCATION: 221 East La Palma Avenue. Property is approximately 0.15
acre, having a frontage of approximately 47 feet on the north side of La
Palma Avenue, having a maximum depth of approximately 139 feet and being
located approximately 70 feet west of the centerline of Patt Street.
Waiver of minimum vehicle access dimension to construct a 4-unit
apartment complex.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment 0079 WITHDRAWN.
City Clerk Sohl announced that a Mary Salazar has requested to speak on this
item.
Steve Valdez. Mrs. Salazar is ill and he is speaking instead. Regarding this
project, it was inconvenient for the area because it was supposed to be all
low-income housing that the City built. The units proposed would ruin the
whole neighborhood. They are asking the City Council or Planning to change
the zoning so that condominiums would be built instead, or something that
would better suit the neighborhood.
Mayor Daly. He pointed out as indicated on the agenda that the item was
withdrawn, i.e., the request for waiver of maximum vehicular access dimension
to construct the 4-unit apartment complex.
Joel Fick, Planning Director. He confirmed that the item has been withdrawn
and is no longer up for consideration. It is staff's understanding that at
least some of the members of the neighborhood have interest in actually having
a lower designation by way of a general plan or zoning. In fact, this was an
area looked at several years ago. A majority of the people at that time did
not have an interest in having the area downzoned so it was not pursued. With
this proposal, there is a renewed interest in looking at that. Staff on the
Planning side and Community Development staff feel the same way. He will be
happy to meet with Mr. Valdez and other members of the community to look at
the best way to proceed and subsequently bring a recommendation to the
Planning Commission.
Annika Santalahti, Zoning Administrator. When the matter came before her in a
public hearing, Mrs. Salazar and someone else spoke. She (Santalahti) was
concerned with the way it looked. They did eliminate the waiver requested and
also did some architectural enhancements to the building. This is located
immediately next door to the Habitat to the west. That was a real concern.
Mr. Valdez. There are also 8-units the City put in there for low-income
housing for people that lived in the neighborhood and who wanted to come back.
Any kind of rental would affect the area.
Annika Santalahti. She believes the other buildings all went in under the
maximum density while this proposal is the maximum that can fit on the
property. However, there may be appropriate revisions and they can now pursue
the building permit.
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City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 6, 1993 - S:00 P.M.
Mayor Daly. He does not want to leave Mr. Valdez with the wrong impression.
If the property owner has a project which complies, he can go ahead and build
apartments on the site. Mr. Fick will discuss what some of the possibilities
might be.
Joel Fick. That is correct. They have had quite a bit of success in some of
the other neighborhoods particularly downtown with downzoning efforts. If the
community is behind it in this location, staff would be happy to work with
them as well.
No action was taken by the Council on this item.
E2.
179: VARIANCE NO. 4221, CATEGORICALLY EXEMPT, CLASS 11:
OWNER: F.J. Hanshaw, 10921 Westminster Avenue, Garden Grove, CA 92643
AGENT: Karl Kordik, 10921 Westminster Avenue, Garden Grove, Ca 92643
LOCATION: 1112 North Brookhurst Street. Property consisting of
approximately 0.91 acre located north and east of the northeast corner
of Brookhurst Street and La Palma Avenue.
Waivers of (A) maximum number of freestanding signs, and (B) minimum
distance between signs, to construct a 92-square foot freestanding pole
sign.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4221 APPROVED, IN PART, denying Waiver A and allowing only
two freestanding signs (ZA93-21).
B3.
179: ADMINISTRATIVE ADJUSTMENT NO. 0081 (READVERTISED}:
OWNER: Norm Petterson, 2471 Greenbrier Avenue, Anaheim, CA 92801
AGENT: Ralph James, 1944 N. Tustin Avenue, $108, Orange, CA 92665
LOCATION: 2471 West Greenbrier Avenue.
To construct an enclosed patio with waiver of (A) required rear yard
setback and (B) maximum lot coverage.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 0081 APPROVED, no opposition received
(ZA93-22).
B4.
179: ADMINISTRATIVE ADJUSTMENT NO. 0084:
OWNER: Mohammad Mahmoudi, 1773 North Woodwind Lane, Anaheim, CA 92807
LOCATION: 1773 North Woodwind Lane.
To permit a 320 square foot room addition with waiver of maximum lot
coverage.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 0084 APPROVED, no opposition received
(ZA93-23).
ITEMS B5 - B15 FROM THE PLANNING COMMISSION MEETING OF MARCH 22t 1993
INFORMATION ONLY - APPEAL PERIOD ENDS APRIL 13, 1993~
B5. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3588 AND
NEGATIVE DECLARATION:
OWNER: Dvan-Song Lee and Hui-Ding Chen, et. al, 2121 W. Mission Road,
Alhambra, CA 91803
AGENT: Amer E1-Rousan, 1275 N. Gilbert Avenue, #100, Fullerton, CA
92633
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City Hall~ Anaheim, California - COUNCIL MINUTES - APRIL 6, 1993 - 5~00 P.M.
LOCATION: 1210 South State College Boulevard, Unit "C". Property is
approximately 1.36 acres located on the east side of State College
Boulevard approximately 200 feet south of the centerline of Ball Road.
To permit a cabaret within an existing sports theater with waiver of
minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3588 DENIED (PC93-30) (4 yes votes, 2 no votes, and 1 absent).
Waiver of code requirement DENIED.
Approved Negative Declaration.
Appealed by the Agent, Amer E1-Rousan. Set for Council public hearing
4/20/93.
The decision of the Planning Commission was appealed by the applicant and,
therefore, a public hearing is scheduled for April 20, 1993.
B6. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3594 AND
MITIGATED NEGATIVE DECLARATION:
OWNER: Badalian Enterprises, Inc., Attn: Greg Badalian, 1540 S. Harbor
Boulevard, Anaheim, CA 92802
LOCATION: 1520 South Harbor Boulevard. Property is approximately 1.17
acres located on the east side of Harbor Boulevard and approximately 700
feet south of the centerline of Manchester Avenue.
To permit a 5-story, 121-room motel with waiver of (A) minimum interior
setbacks, (B) required landscaping of setback areas and (C) required
landscaping of parking area.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3594 GRANTED, IN PART, waiver (C) DENIED (PC93-31) (7 yes
votes).
Waiver of code requirement APPROVED, IN PART, waiver (C) DENIED.
Approved Mitigated Negative Declaration.
A review of the Planning Commission's decision was requested by Council
Members Pickler and Daly, and therefore, a public hearing will be scheduled at
a later date.
B7. 179: CONDITIONAL USE PERMIT NO. 3593 AND NEGATIVE DECLARATION:
OWNER: Yuk Ting Lau, 8922 Ernest Folsom Drive, Garden Grove, CA 92641
AGENT: Allen D. Ornstein, 5295 Cameron Drive, $408, Buena Park, CA
90621
LOCATION: 314 North Beach Boulevard. Property is approximately 0.62
acre located on the east side of Beach Boulevard and approximately 1,050
feet north of the centerline of Lincoln Avenue.
To permit the on-p~emise sale and consumption of alcoholic beverages in
conjunction with a restaurant and billiard center.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP No. 3593 GRANTED for one year (PC93-32) (6 yes votes, 1 absent).
Approved Negative Declaration.
B8. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3596 AND
NEGATIVE DECLARATION:
OWNER: Stephen L. Trefzger, 14 Siskin Lane, Sunriver, Oregon
AGENT: David Jackson, 1557 West Mable Street, Anaheim, CA 92802
LOCATION: 1565 West Mable Street. Property is approximately 0.64 acre
located on the north side of Mable Street approximately 418 feet east of
the centerline of Loara Street.
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City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 6, 1993 - 5=00 P.M.
To expand an existing private educational institution with waiver of
minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP No. 3596 GRANTED (PC93-33) (6 yes votes, i absent).
Approved waiver of code requirement.
Approved Negative Declaration.
B9. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3595 AND
NEGATIVE DECLARATION:
OWNER: Swede Cal Properties, Inc., a California Corporation, 27141
Aliso Creek Road, #200, Aliso Viejo, CA 92656
AGENT: Dr. Dave Lagore, P.O. BOX 18085, Anaheim, CA 92817
LOCATION: 5109 East La Palma Avenue. Property is approximately 9.33
acres located at the northeast corner of La Palma Avenue and Kellogg
Drive.
To permit a 5,143-square foot church in an existing industrial-related
office complex with waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP No. 3595 GRANTED (PC93-34) (6 yes votes, 1 absent).
Approved waiver of code requirement.
Approved Negative Declaration.
B10. 179: CONDITIONAL USE PERMIT NO. 3597 AND NEGATIVE DECLARATION:
Bll.
OWNER: James Mock, Inc., Attn: Craig Mock, 4308 E. La Palma Ave.,
Anaheim, CA 92807
LOCATION: 1160 North Fee Ana Street. Property is approximately 2.13
acres located on the east side of Fee Ana Street approximately 240 feet
south of the centerline of La Palma Avenue.
To permit an ll,000-square foot indoor truck wash facility including
minor truck maintenance.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP No. 3597 GRANTED (PC93-35) (6 yes votes, 1 absent).
Approved Negative Declaration.
179: CONDITIONAL USE PERMIT NO. 2160 AND NEGATIVE DECLARATION
(PREVIOUSLY APPROVED):
OWNER: Mr. and Mrs. Ralph Alexander, 1874 S. Anaheim Boulevard,
Anaheim, CA 92805
AGENT: Farano & Kieviet Attorneys at Law, 2100 S. State College
Boulevard, Anaheim, CA 92806
LOCATION: 1874 South Anaheim Boulevard (Sunwest Metals). Property is
approximately 1.01 acres located on the northeast side of Anaheim
Boulevard approximately 690 feet northwest of the centerline of Pacifico
Avenue.
Amendment to conditions of approval pertaining to limitation of time for
a previously-approved recycling center.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP No. 2160 APPROVED for six months, to expire September 22, 1993, and
return to the Planning Commission as a public hearing (PC93-36)
(6 yes votes, 1 absent).
Negative Declaration Previously Approved.
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City Ha11~ Anaheim~ California - COUNCIL MINUTES - APRIL 6, 1993 - 5:00 P.M.
B12. 179: CONDITIONAL USE PERMIT NO. 3058 AND NEGATIVE DECLARATION
(PREVIOUSLY APPROVED):
OWNER: Lincoln CMA, a California Limited Partnership, 3573 Enterprise
Drive, Anaheim, CA 92807
AGENT: Kips School of Gymnastics, Inc., Attn: Dennis Mailly, 4511
Eisenhower Circle, Anaheim, CA 92807
LOCATION: 4511 Eisenhower Circle. Property is approximately .67 acre
located on the north side of Eisenhower Circle approximately 200 feet
east of the centerline of Lakeview Avenue.
Modification or deletion of conditions of approval pertaining to
limitation of time for a previously-approved gymnastic training center.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP No. 3058 APPROVED for deletion of time limitation (PC93-37) (6 yes
votes, I absent).
Negative Declaration Previously Approved.
B13. 134: RESOLUTION INITIATING A PORTION OF GENERAL PLAN AMENDMENT NO. 331
AND A PORTION OF THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1:
B14 ·
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved Resolution initiating a portion of General Plan Amendment No.
331 and a portion of Disneyland Resort Specific Plan 92-1 and (PC93-39)
(7 yes votes).
166: PROPOSED CODE AMENDMENT PERTAINING TO SIGNAGE IN RESIDENTIAL
ZONES:
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended approval (4 yes votes, 2 no votes, i absent).
Suggested date for first reading of the Ordinance is April 20, 1993.
Council Member Pickler. He would like to discuss this more in depth with
staff.
Mayor Daly. This is a report and the actual ordinance will come to the
Council in two weeks; Council Member Pickler. He would like the first reading
on April 27, 1993 instead of April 20.
It was determined that the proposed ordinance pertaining to signage in
residential zones be submitted to the Council under the April 27, 1993,
Council Agenda.
B15. 179: CONDITIONAL USE PERMIT NO. 3400 - TO PERMIT A COMMERCIAL RETAIL
CENTER (INDOOR SWAPMEET):
LOCATION: 1440 South Anaheim Boulevard (Indoor Swapmeet).
Substantial conformance request for uses in conjunction with Conditional
Use Permit No. 3400 for a commercial retail center (indoor swapmeet).
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined the uses were in substantial conformance with CUP No. 3400
(7 yes votes).
END OF PLANNING COMMISSION ITEMS.
B16. 179: REQUEST FOR EXTENSION OF TIME - CONDITIONAL USE PERMIT NO. 3504:
Requested by Mr. Robert Pellien, Iglesia Ni Cristo, 420 South Harbor
Boulevard, Anaheim, CA. 92805.
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City Hall~ Anaheim, Californla - COUNCIL MINUTES - APRIL 6, 1993 - 5~00 P.M.
The property is located at 420 South Harbor Boulevard on the east side
of Harbor Boulevard between Elm Street and Santa Ana Street (former
Wells Fargo Building). The petitioner is requesting an extension of
time to expire May 5, 1994, to comply with conditions of approval.
Conditional Use Permit No. 3504 is to permit a church within an existing
27,100 square foot office building with waiver of minimum number of
parking spaces.
Submitted was report dated March 29, 1993 from the Zoning Administrator,
Annika Santalahti recommending that the Council approve the requested
extension of time to expire on May 5, 1994 subject to a revised landscape plan
being submitted to the Planning Department for review and approval prior to
issuance of a building permit. Said plan shall show the additional front
setback and parking area landscaping required by Sections 18.04.060.013 and
18.04.060.050 of the Anaheim Municipal Code as described on page two of the
staff report.
MOTION: Council Member Hunter moved to approve the requested extension of
time on Conditional Use Permit No. 3504 to expire May 5, 1994 subject to the
additional condition imposed by staff as stated in report dated March 29, 1993
from the Zoning Administrator. Council Member Simpson seconded the motion.
MOTION CARRIED.
B17. 179: ORDINANCE NO. 5361 - ADOPTION: Amending Title 18 to rezone
property under Reclassification No. 92-93-03 located at the northwest corner
of Weir Canyon Road and Sari Ranch Parkway from the CO(SC) zone to the CL(SC)
zone. (Introduced at the meeting of March 23, 1993.)
Council Member Pickler offered Ordinance No. 5361 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 5361: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Reclassification No. 92-93-03 located at the northwest corner of Weir Canyon
Road and Savi Ranch Parkway from the CO(SC) zone to the CL(SC) zone.)
Roll Call Vote on Ordinance No. 5361 for adoptions
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Hunter, Pickler, Simpson, Daly
None
None
The Mayor declared Ordinance No. 5361 duly passed and adopted.
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.
226
City Hall, ~-~hela, California - COUNCIL #INterS - ~PRIL 6, 1993 - 5:00 P.M.
D1. 174: CONTINUED PUBLIC HEARING - NINETEENTH YEAR ~1993-1994) COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND BUDGET:
Approving the fiscal year 1993-1994 CDBG Program and Budget, in the
amount of $3,455,000 as recommended by the Communitywide CDBG Citizen
Participation Committee. This matter was continued from the meetings of
February 23, 1993 and March 9, 1993 to this date.
Submitted was reported dated March 31, 1993 from the Community Development
Department recommending that the Council approve the Fiscal Year 1993/94 CDBG
Program and Budget in the amount of $3,455,000 as recommended by the
Communitywide CDBG Citizen Participation Committee. In concluded with the
report where a number of attachments including a listing of the committee
recommendations and finally the sheet listing CDBG funding requests and
recommended allocations.
Lisa Stipkovich, Executive Director of Community Development. She first
commended the committee and the work they did including the extra meeting held
March 31, 1993 to determine where the additional funds received ($855,000 not
anticipated) would be allocated. Column 6 of the sheet entitled: CDBG Funding
Requests and Recommended Allocations represents both the staff and the
Communitywide CDBG Committee recommendations. They are jointly in agreement
that this is a very good budget and represents priorities of all of them. She
asked the Chairman of the Committee, Keith Olesen to make a presentation
regarding the budget.
Keith Olesen, 321 N. Philadelphia. The budget as presented took a great deal
of work. The Committee is made up of residents from all four of the target
neighborhoods plus City Boards and Commissions giving a wide range of input.
The meetings constituted over 550 hours total committee - person hours which
were attended by 600 people overall. Looking at the recommendations, there is
a wide spread appeal addressing the needs of seniors, the youth, long-term
concerns, health care issues and community needs as well as substantial
construction, hard "brick and mortar" type projects. There is also continued
support and a strong vote of confidence from the community and neighborhoods
expressed in the amounts recommended for the Police Gang Unit and the Code
Enforce~nent Department. This is about as fine a recommendation they could
come up with and covers as many bases as feasible. They particularly would
like to thank Mrs. Stipkovich for her efforts. She pulled a lot of people
together. He will be happy to answer any questions.
Mayor Daly asked if there were any questions or comments; there being none,
he, along with other Council Members, commended the Committee and staff on the
great deal of time, effort and devotion given to this important task.
Mayor Daly closed the public hearing.
MOTION: Council Member Pickler moved to approve the Fiscal Year 1993/94 CDBG
Program and Budget in the amount of $3,455,000 as recommended by the
Communitywide CDBG Citizen Participation Committee as presented. Council
Member Simpson seconded the motion. MOTION CARRIED UNANIMOUSLY.
D2. 179: CONTINUED PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, CONDITIONAL
USE PERMIT NO. 3563 AND MITIGATED NEGATIVE DECLARATION:
OWNER: M.E. Johnson, 1214 W. Katella, Anaheim, CA 92802
AGENT: Robert W. Kent, 16315 Oaktree Circle, Chino Hills, CA 91709
LOCATION/REQUEST: The property is located at 511-520 South Manchester
Avenue and 500-520 South Walnut Street and is approximately 2.1 acres
located at the southwest corner of Manchester Avenue and Santa Aha
227
City Hallr Anaheim, California - COUNCIL MINUTES - APRIL 6r 1993 - 5:00 P.M.
Street. The request is to retain an auto repair, towing and dismantling
facility (including the storage and retail sale of used auto parts) and
a proposed 768-square foot office building and a shop canopy with waiver
of required improvement of parking and outdoor storage area, maximum
structural height adjacent to residential zones, minimum structural
setback, improvement of required setback areas and permitted
encroachments into required yards.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3563 DENIED (PC93-11) (6 yes votes, 1 vacancy).
Waiver of code requirement DENIED.
Denied Mitigated Negative Declaration.
HEARING SET ON: A letter of appeal of the Planning Commission's decision was
submitted by the Agent, Robert W. Kent and public hearing scheduled and
continued from the meeting of March 9, 1993 to this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - February 25, 1993
Mailing to property owners within 300 feet - February 25, 1993
Posting of property - February 26, 1993
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated January 25, 1993.
Greg Hastings, Zoning Division Manager. He briefed the subject request as
outlined on page two of the staff report to the Planning Commission and also
gave the reasons for the Planning Commission's unanimous denial of CUP 3563
(see Planning Commission Resolution No. PC93-11 of January 25, 1993).
Mayor Daly opened the public hearing and asked to hear from the applicant or
applicant's agent.
APPLICANT'S
STATEMENT:
Robert Kent. He owns the master lease on the property. Reading
from a prepared statement which gave the history of the business,
he reported he has been at the same location for 30 years. He
purchased the business from his family in 1987. There are
presently two wrecking yards licensed by the State, one body shop
and a repair shop on the property. At the time he purchased the
business, he applied for two dismantler's licenses which were
issued by the State with the blessing of the City of Anaheim
(Form OL62). Me sold one wrecking yard to Anaheim Motors who
applied for a City and State License for dismantling. He was
issued a Business License by the City. The State subsequently
issued a dismantler's license signed by the Planning Department.
Shortly thereafter he received an Anaheim Beautiful Award. Since
then, Anaheim Motors tried to change one of the names on the
Business License and tried to renew the dismantler's license and
at that time was denied by the City because he was not conforming
to a dismantling yard. He knows they have been through this for a
couple of years. He was not aware of any problems until two years
ago. He has been there since 1963 as an auto wrecking yard. The
form has to be signed by the Planning and Zoning Department which
goes along with the application to the State to obtain a
dismantler's license. In 1987, he applied for two dismantler's
licenses on both of the yards. He went to Planning and Zoning and
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City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 6, 1993 - S=00 P.M.
they signed the form. He is present to ask the Council to
reconsider the prior decision. There are four businesses at
stake. A lot of money has been invested and a lot of lives will
be affected.
PUBLIC DISCUSSION -
IN FAVOR=
Irv Johnson, 1214 W. Katella, Anaheim. He is one of the owners
along with the Johnson Family Trust. There has been over a period
of time some antagonism between Mr. Kent and himself which has
caused them to be involved in a lawsuit. The situation has not
helped them getting together to work in the common interest. They
are in a situation where the City had previously somehow permitted
the activity to start. In 1973, the Conditional Use Permit was
reviewed and an attorney named Mr. Gallagher and his (Johnson's)
father had been primary in negotiating what occurred on CUP 1052.
Me briefed what occurred between 1973 and 1987, noting that
somehow during that time the permits were extended to cover the
dismantling operations that are conducted by WW Towing and the
subsequent police impound yard. In 1987, he gave permission for
sale of the operation (WW Towing) to Mr. Kent which was covered in
the lease arrangement. Mr. Kent was correct when he said he put
in the improvements. Further, they have never had any problems
with the neighbors. They have a good relationship with the
neighbors to the south. The school (Ross Elementary) was built
when the area was zoned General M1. Hearings at that time
restricted some of the utilization of the subject property. Ail
the improvements were done through the Building Department and a
General Development Plan on the property. Permits were taken and
completions filed although the City seems to have misplaced some
of them. In the 1960'8, the City had discussions about the
lighting and curbing of Manchester Place. It was determined by
the Council at that time this would be necessary along Manchester
at the 500-520 area, when and if it was developed along the whole
of Manchester.
The business does meet a need especially in current economic
times. It generates a considerable amount of taxes that support
the City. It gets material in and out of the recycling process.
It would be convenient for the people to be able to continue and
especially to have compassion for the employees involved. They
could come up with an operation where the City Council could
discuss allowing it on a temporary basis to see what the
complaints are and how it can be rectified in order to settle the
major problems. Dedication of the property to the streets is
really not a very practical idea because it has already been found
illegal in the court system to make requirements based on that.
He is asking the Council to give their best consideration to the
needs of the people served by the facility, the employees and the
revenue derived.
Mr. Johnson then clarified for Council Member Feldhaus that he is
part owner of the 500-520 Walnut properties, the entire triangle.
Mr. Kent disagrees over several issues of the lease. Mr. Kent is
not the owner of the property but the agent. He has a master
lease on the property. He was the initial lessee in order to
develop it and then sold off all the pieces for the various
operations that went in.
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City Hall, Anaheim, California - COUNCIL MINUTES - ~RIL 6~ 1993 - 5:00 P.M.
Steve Mayner, owner of Penwolf, Inc., dba WW Used Auto Parts. He
has a City Business License and a dismantling license through the
State. He cannot address all of the things that are of concern to
the City. His business is a recycling business and he is totally
responsible for everything involved in the business to be
recycled. Many times Code Enforcement officers have been out to
the property and made certain recommendations. He has complied
with everything they have asked him to do. He purchased the
business from Mr. Kent and he got an SBA (Small Business
Administration) loan as a multi-million dollar purchase. It is a
very elaborate process to go through to get the loan. He has 13
employees. His whole life is at stake on this business. He would
be absolutely devastated if he is not allowed to continue.
Mayor Daly. He asked if he could operate in another location;
Mr. Mayner answered it is absolutely unique to this site. It is
multi-faceted. He has a repair shop where a significant portion
of his revenue is derived from servicing BMW's and Mercedes. He
is not connected to the auto shop. It is difficult to explain how
complicated it was to put the whole operation together. He
repeated it would be devastating to him if he is not allowed to
operate there - it would be like seeing a million dollars go up in
smoke. It is a very significant thing and of extreme economic
importance. He needs to make that clear to the Council. He needs
the ability to generate funds to pay back the loan. He does not
believe he could move to another site and still have his SBA loan.
It goes with the business located at 500 S. Walnut.
He then explained for Council Member Feldhaus that he does
dismantling. He came into the hearing not 100% prepared. He has
gotten things piece meal. He has an Anaheim business license that
says recycling on it and he has a dismantling license.
Greg Hastings. The only thing permitted on the property is auto
repair and a tow impound yard. All the other uses are not by
conditional use permit and they have no evidence of a dismantling
business license for the City. In reference to the State DMV
license, what happened two years ago the State sent on their
typical form a request for zoning on the property which the City
sent back indicating there was a pending request for a dismantling
CUP. They interpretated that as being an approval. They have
since talked to the State and he believes they have changed the
form. If it was issued, it was issued in error.
Steve Mayner. Dismantling is a very responsible business.
Everything that comes into the yard is recycled. There is no
waste - nothing is left on the ground. He has a manifest for the
motor oil, the anti-freeze, the freon, etc. Every single part is
recycled.
Greg McCafferty, Assistant Planner. Relative to the soils test,
they did a Phase I Environmental Assessment on the site and found
extensive petroleum hydrocarbon contamination as well as lead
contamination several times in excess of the levels that EPA
(Environmental Protection Agency) sets forth. There is
significant contamination on the site. The Phase I Environmental
Assessment recommends a follow-up assessment that will do further
soil analysis on the site. The site is constrained and built out
230
City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 6, 1993 - 5:00 P.M.
with structures. In order to do more extensive work, they would
have to remove some of the structures to get underneath to examine
the soil further. After they do that and characterize both the
horizontal and vertical limits of the contamination, then they can
go in with an action remediation plan for the site.
P%~BLIC DISCUSSION -
IN OPPOSITION:
Thomas Skinner, representative, J & K Investments. They own three
properties located near the subject establishment - 1146 Santa Aha
Street located across the street, a residential house, 621-685 S.
Manchester, an office complex, and they own 35,000 square feet of
vacant land right behind the Santa Aha Street residence. Their
concern is with the soil and the environmental hazards.
Contamination would affect property values. Real Estate has
fallen apart in California and continued problems with
environmental concerns will hurt them even more. Another problem
is the parking. There are many cars parked hazardously around the
establishment. By allowing them to waive the improvements, it
would be an aggravation of the current problems.
SUMMATION BY
APPLICANT:
Robert Kent. As far as contamination, it is restricted to about a
9' x 10' foot area on the south western portion of the property.
He then explained what they based all their investment on. He
thereupon submitted for Council review the affidavits he
previously referred to. There were no contingencies. One of the
City planners signed and gave them the go ahead and that was in
1987. He bought the business with good intentions, applied for a
dismantler's license, Planning and Zoning put their blessing on
it, and the State issued two dismantler's licenses. He is really
not sure what the question is. Regarding Mr. Johnson's statement,
he has gone through the archives and found that in 1968 to 1973,
Mr. Johnson and his father applied for a CUP asking for the same
items being asked for today. Unbeknownst to him until two weeks
ago, he found they were not covered for dismantling. There are a
lot of investors and a lot of money invested in the business. He
would hope the Council would consider grandfathering them in or
something like that.
There being no further persons who wished to speak, either in favor or in
opposition, Mayor Daly closed the public hearing.
Greg McCafferty confirmed for Council Member Hunter that the contaminated area
is not confined to 9' x 10' feet but it is a large area. It encompasses the
entire WW auto salvage area which bisects the site in the center. There may
be other areas but they cannot get to them.
Council Member Pickler. This is not something where the Planning Commission
made a spot decision. Eleven areas of concern are outlined in the material
they have. The situation would be different if it was one where problems
arose only in the recent past, but as staff has indicated, the problems
started in 1973 and 1974 and they seem to keep multiplying. The use is
bordered by a residential area and a school and the contamination problem is
of concern to him. Now they are even asking for additional waivers. He goes
by the site everyday. It is time to take the step to clean up the area. He
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has to agree with the Planning Commission and at the appropriate time will so
move.
Council Member Feldhaus. He asked staff if they felt there was any way the
problem could be mitigated; Annika Santalahti, Zoning Administrator. One of
the basic problems is that there are a number of businesses on the site and to
get at anything they are going to have to move some of the things off while
the investigation is being done. There is a great deal going on. The one CUP
that has some validity on the property is for an impound yard, CUP 1052, and
it does not include wrecking or dismantling.
Council Member Feldhaus. He surmises that the ball is in the court of the
businesses to be in compliance with what the City requires; Annika Santalahti.
She answered that was correct or much closer to compliance because now they
are not in compliance at all.
Council Member Hunter. He is looking for a way that there can be remediation
and still allow the business to continue. He would rather see them comply
with everything they need to do rather than putting them out of business;
Mayor Daly stated that there are a lot of other spaces in Anaheim for this
use.
Council Member Hunter. If that is so, then perhaps the City ought to help.
He is concerned with how many people they will be putting out of work without
making some attempt through Redevelopment or the City to relocate the
businesses. Denying the CUP is easy - he feels there has to be some way to
work with them.
Council Member Feldhaus. It is on the property owner's back to show good
faith and then the City can work with them but the problems have been ongoing;
Planning Director, Joel Fick. The problems have been going on for many years
but Code Enforcement activity has taken place since November of 1990 in order
to remediate the present violations.
Council Member Feldhaus. One of the problems he recalls with the business
when he was on the Planning Commission were the cars parking along Manchester
Avenue off site and work being performed on those cars. If there was not
enough room inside, the vehicles were dropped off on Manchester. The problem
has been there for quite some time. The question is, how can those be
mitigated and still keep the business going and people employed.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: Council Member Pickler
moved to approve the Negative Declaration relative to the request. Council
Member Simpson seconded the motion.
Council Member Feldhaus. He questioned if this would even qualify for a
Negative Declaration since there is evidence of soil contamination.
City Attorney White. The Planning Commission denied the Negative Declaration
based upon the soils problem and the study that has been done. To do what the
Planning Commission did would be a denial of the CEQA rather than approval.
Council Member Pickler withdrew his motion to approve a Negative Declaration;
Council Member Simpson withdrew his second.
ENVIRONMENTAL IMPACT REPORT - DENIAL OF NEGATIVE DECLARATION: On motion by
Council Member Pickler, seconded by Council Member Feldhaus the City Council
denied the Negative Declaration u~n finding that it has considered the
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Negative Declaration together with any comments received or in the public
review process and further finding on the basis of the initial study and any
comments received that there is substantial evidence that the project will
have a significant effect on the environment. Council Member Hunter voted no.
MOTION CARRIED.
Council Member Pickler offered Resolution No. 93R-57 for adoption, denying
Conditional Use Permit No. 3563 based upon the findings as adopted by the
Planning commission as stated in Resolution PC93-11. Refer to Resolution
Book.
RESOLUTION NO. 93R-57: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3563
Roll Call Vote on Resolution No. 93R-57 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Pickler, Simpson, Daly
Hunter
None
The Mayor declared Resolution No. 93R-57 duly passed and adopted.
D3. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3577 AND NEGATIVE
DECLARATION:
OWNER: Alpine Development, 13702 Holt Avenue, Santa Ana, CA 92705
AGENT: Robert Hicks, 4331 Nestle Street, Cypress, Ca 90630
LOCATION/REQUEST: The property is located at 404 North State College
Boulevard and is approximately 0.51 acre, having frontage of
approximately 117 feet on the east side of State College Boulevard, with
a maximum depth of approximately 190 feet and being located
approximately 380 feet south of the centerline of Sycamore Street
(Poor Bob's). The request is to retain a 2,550 square foot cocktail
lounge with on-premise sale and consumption of alcohol with waiver of
minimum number of parking spaces (59 parking spaces required; and 28
spaces existing).
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
CUP NO. 3577 DENIED, business located in high crime area as described by
Alcoholic Beverage Control; existing use has adversely impacted
neighborhood; testimony by officer indicated no food was noted in
establishment and existing use is for restaurant and on-sale alcohol
(Decision No. ZA93-15).
Approved Negative Declaration.
HEARING SET ON: A lette~ of appeal of the Zoning Administrator's decision was
submitted by the Agent, Robert Hicks and public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - March 25, 1993
Mailing to property owners within 300 feet - March 24, 1993
Posting of property - March 26, 1993
STAFF INPUT:
See Decision No. ZA93-15 denying CUP No. 3577.
Annika Santalahti, Zoning Administrator. She first gave the background on the
business which in 1966 was approved under CUP No. 240 as a restaurant with
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on-sale liquor. Subsequently, she explained the reasons for denying the
subject request. (See ZA Decision page two.)
APPLICANT'S
STATEMENT~
Robert Hicks. He and his wife have owned the establishment for 12
years. Their record is quite good with both the Police Department
and the Alcoholic Beverage Commission. About nine months after
they had taken over the business, one of the bartenders he
inherited served a minor on a Police Department sting which has
since been declared illegal. About four years later, the Police
Department made a big sweep and took out the machines like the
ones everybody had at the time. In 1986, they said he was not
serving food. At that time, he tore out a room and made a dining
room out of it and went to something that had been successful
years ago - cook-your-own steak. A couple of months ago, they
were cited for not serving enough food. Since then they have a
full restaurant and a cook. He has thirty parking spaces and a
seating capacity of only forty-five. They do not need eighty-six
spaces. There are only two homes that could possibly be affected
by the cocktail lounge and restaurant. He has put a notice out
there to keep it quiet. He would like to eliminate having
children come into the bar. That is the major reason for the
request. He can eliminate the few police calls. They have about
one a month. Those calls are not for violence but for things like
breaking antennas off cars.
He clarified for Council Member Pickler that they never stopped
serving food, but it was do-it-yourself. One of the ABC Officers
came in about two months ago and said if customers ask for food,
you must cook it. He passed the word around but a couple of
bartenders did not comply. Now he has a full-time cook.
PUBLIC DISCUSSION -
IN FAVOR=
None
PUBLIC DISCUSSION -
IN OPPOSITION:
Vivian Roberts. She and her husband own the State College
apartments directly across the street. They have been there for
30 years and have watched the business deteriorate before their
eyes. When they first bought their property, it was a little
Italian restaurant and families went there to dine. It changed to
a steak house and was still a decent place to go and take the
family. Over the years, the windows were closed up and beer signs
and other things placed over them. The name was changed from
something that sounded like a restaurant to what sounds like a bar
because it is a bar. She feels it is one of the places that has
caused the area to become a high crime area. Mr. Hicks wants to
make it a total cocktail lounge for just those 21 and over which
will help to deteriorate the area more than it is. The
requirement to serve food would necessitate constant enforcement.
The people who frequent the bar do not want food but alcohol.
They leave the bar at midnight and after and walk down State
College screaming and yelling or they peel out of the parking lot.
She has been there a long time and does not like to see her
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property devalued. This is not a good business to be operating in
that location.
Bill Freezee, 424 S. Redwood, Anaheim, directly east of the bar.
He has lived in Anaheim for 8 years. His wife has lived all her
life in that neighborhood. While Mr. Hicks did not violate the
letter of the law in not having food available, he has violated
the spirit. The establishment should have stayed a restaurant as
originally set up. This is an area with a lot of children and one
of the best elementary schools in the country is Sunkist School.
They do not want to see the neighborhood deteriorate any further.
He has three small children. If there is high crime now, it
should not be allowed to continue. The people going to the bar
are not from the neighborhood. He has seen petitions and letters
from a number of people that do not want the bar in the
neighborhood. He is asking that the Council enforce the law as it
was set up. If it is a restaurant that serves alcohol that is
what it should be and not a bar.
Norma Freezee. They do not want to put the man out of business.
A restaurant with bar service is appropriate for a family
environment. A bar is not. If he gets a liquor license to have a
bar, he can do whatever he wants to do. She has three letters
from people and two others were hand delivered today all saying
the same thing, they do not want a bar in their family
neighborhood.
Robert Wilson, 423 S. Redwood Place. He signed the declaration to
allow the business into the neighborhood at the outset many years
ago. At the time, it was an Italian restaurant. He wants the
business to be what it used to be - a family restaurant.
SUMMATION BY
APPLICANT:
Robert Hicks. He does not understand the high crime area. The
people who just spoke are from a very nice neighborhood in a
residential area. His business is on a commercial street. He
intends to maintain the business as a restaurant.
Annika Santalahti, Zoning Administrator answering Council Member Pickler, she
has not been out to the business personally but Code Enforcement and the
Police have. Mr. Hicks would have to make operational changes to bring the
food service up to standard to satisfy the definition of a restaurant.
City Attorney White. The applicant already has Conditional Use Permit No. 240
which was issued in 1966 to operate a restaurant in conjunction with on-sale
alcoholic beverages. He does not need the subject permit. If Council chooses
to deny this, under the existing 1966 CUP, he is allowed to operate a
restaurant and sell alcoholic beverages. He is asking now for a CUP to
c0nv~rt his business from what it wag in 1966, to a bar. If th~ Council
approves this CUP, he can eliminate the restaurant.
Mayor Daly closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council
Member Hunter, seconded by Council Member Simpson, 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
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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. MOTION CARRIED.
Council Member Hunter offered Resolution No. 93R-58 for adoption, denying
Conditional Use Permit No. 3577. Refer to Resolution Book.
RESOLUTION NO. 93R-58: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3577
Before a vote was taken, Council Member Pickler asked if the CUP is denied,
would that eliminate Mr. Hicks from doing what is supposed to be done.
City Attorney White answered no. He can operate a legal restaurant in
accordance with the definition of restaurant and sell alcoholic beverages in
conjunction with the restaurant. A roll call vote was then taken on the
foregoing resolution.
Roll Call Vote on Resolution No. 93R-58 for adoptions
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Hunter, Pickler, Simpson, Daly
None
None
The Mayor declared Resolution No. 93R-58 duly passed and adopted.
Cl. COUNCIL COMMENTS:
105: COUNCIL MEETING - APRIL 20, 1993: Council Member Simpson expressed
concern that the meeting of April 20, 1993 is scheduled for 2:00 p.m. for a
joint meeting with the Planning Commission and now the workshop on the next
phases of the Police Substation also scheduled to take place that same day.
This will leave very little time with a Closed Session scheduled to start at
4:00 p.m.
After a brief discussion, it was determined that the schedule will remain as
is with the joint meeting with the Planning Commission starting at 2:00 p.m.
followed by the workshop and then a Closed Session. If more time is needed in
Closed Session, it can be finished after the 5:00 p.m. portion of the meeting.
Mayor Daly then asked that the following items be added as topics of
discussion for the joint meeting with the Planning Commission:
Discussion of neighborhood associations, discussion of
industrial zoning issues, and a discussion of West
Anaheim issues. If there are any Council Members who
would like additional topics added, he asked that
tho~ b~ ~ubmitt~d now or Drior to th~ m~tin~ ~o that
the City Manager and staff can compile an agenda of
topics for the meeting.
107: ENFORCEMENT OF GRAFFITI MEASURES: Council Member Feldhaus. In order to
utilize the City's newly adopted graffiti ordinance, he would like to have
instituted a pilot program of a private guard service for three months
consisting of a four members to sit out during the hours of darkness in the
known spots where the City keeps getting hit with graffiti. With four people
working an average about 160 hours a month each, for three months, it would
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cost about $25,000. With consensus of the Council, he would like to ask the
City Manager to find some one-time monies. He was going to suggest CDBG
monies but feels those funds need to stay where they are. He would like the
City Manager to come up with some numbers for this service to stake out the
known places and properties and to start sending a clear message that the
ordinance is now in effect and the City is going to start prosecuting and
making parents responsible and that restitution be made.
Council Member Hunter. Although it is a good idea, he suggested that this be
proposed to Police Chief Molloy and have him come back with options. Perhaps
the reserve unit in the Anaheim Police Department might be utilized.
After further discussion on the matter, it was determined that the issue be
placed on the Council agenda of April 27, 1993 for further discussion and
consideration.
City Manager Ruth. Staff will report to the Council with options at that
time.
Council Member Pickler. With reference to graffiti, there is pending
legislation by Senator John Lewis wherein if someone is caught doing graffiti
before they have their driver's license, they will not be able to get their
license until they are 18 years old.
Mayor Daly. He believes they have taken a position to support that bill, but
if not he asked that staff make sure they have sent a letter of support for
Senator Lewis's Bill; Council Member Pickler. The message has been given to
Kris Thalman, Intergovernmental Relations Officer. He also suggested that
they get Mr. Lewis to add on that if the person has a license and is caught
and convicted of doing graffiti, that they will lose their license for a
period of time.
City Attorney White. There is already an existing provision that anyone with
a license can have it suspended or will have it suspended for one year if
convicted of graffiti. The one caveat in that current law is that the judge
can allow community service to earn the license back at the rate of one day
off of the one year for every day of community service performed.
ADJOURNMENT: By General Consent the Council meeting of April 6, 1993 was
adjourned. (7:58 p.m.)
A quorum is not anticipated for the meeting of April 13, 1993.
LEONORA N. SOHL, CITY CLERK
237