1993/06/22City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 22, 1993 - 5:00 P.M.
The City Council of the City of Anaheim met in adjourned regular session.
PRESENT=
ABSENT:
PRESENT:
COUNCIL F~EMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
DEPUTY CITY MANAGER: Tom Wood
PLANNING DIRECTOR: Joel Fick
(Planning Department Staff involved in the Disney Resort Project
were also present.)
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 1:45 p.m. on June 18, 1993 at the Civic Center kiosk, containing all
items as shown herein.
Mayor Daly called the adjourned regular meeting of June 15, 1993, held
June 22, 1993 to order, all Council Members being present (12:12 p.m.). This
is a continued public hearing on the Disneyland Resort, the public portion
~earing having been closed on June 9, 1993.
.~2. 134/155: CONTINUED PUBLIC HEARING - THE DISNEYLAND RESORT: ENVIRONMENTAL
IMPACT REPORT NO. 311; GENERAL PLAN AMENDMENT NO. 331; THE DISNEYLAND RESORT
SPECIFIC PLAN NO. 92-1 (INCLUDING ZONING AND DEVELOPMENT STANDARDS, A DESIGN
PLAN AND GUIDELINES AND A PUBLIC FACILITIES PLAN}; AND ANAHEIM COMMERCIAL
RECREATION AREA MAXIMUM PERMITTED STRUCTURAL HEIGHT ORDINANCE:
PUBLIC HEARING PORTION CLOSED ON JUNE 9, 1993~
LOCATION~ The proposed project area is generally located within
the City of Anaheim's Commercial Recreation Area adjacent to and
southwest of the Santa Ana Freeway (I-5) and is accessible from
Harbor Boulevard, Ball Road, Freedman Way, Katella Avenue, West
Street, Orangewood Avenue, Haster Street and Walnut Street. (See
Exhibit i Commercial Recreation Area/The Disneyland Resort
Specific Plan Project Boundary Map, part of Legal Notice and
posted with agenda.)
The Specific Plan project area encompasses 546 acres, plus
approximately 11 acres of right-of-way improvements, generally
west of I-5 between Ball Road and Orangewood Avenue and east of
Walnut Street. Draft EIR No. 311 identifies on and off-site
intersection improvements at locations as listed in the legal
notice posted with this agenda.
The General Plan Amendment project area encompasses areas within
and outside of the Specific Plan project area. Outside areas
include area within and contiguous to the following roadways as
further described in the General Plan Amendment No. 331 proposal:
1. West Street between I-5 and Katella Avenue
2. Cerritos Avenue between Walnut Street and West Street
3. Freedman Way between Harbor Boulevard and Haster Street
4. Katella Avenue between Walnut Street and I-5
5. Harbor Boulevard between I-5 and Orangewood Avenue
6. Clementine Street between Freedman Way and Katella Avenue
424
City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 22, 1993 - 5:00 P.M.
The proposed Commercial Recreation Aren Maximum Permitted Structural Height
Ordinance pertains to the entire approximately 1,046-acre Commercial
Recreation Area as shown on the Commercial Recreation Area/The Disneyland
Resort Specific Plan Project Boundary Map posted with this agenda.
PROPOSAL:
~eneral Plan Amendment No. 331 is proposed to amend the Land Use,
Circulation and Environmental Resource and Management Elements of
the General Plan as specifically listed under A) B) and C) of item
1 of the legal notice posted and made an exhibit of this agenda.
me
The proposed Disneyland Resort Specific Plan No. 92-1 (including
Zoning and Development Standards, a Design Plan and Guidelines,
and a Public Facilities Plan) would provide for the development of
an international multi-day vacation destination resort including
the construction of the Disneyland Administration Building (a
475,000 square foot building with an accompanying parking facility
for 2,300 spaces); construction of the WESTCOT Center including
the WESTCOT theme park (with up to 3.35 million square feet of
development including attractions, pavilions, an amphitheater,
restaurants, retail and potentially some hotel development),
hotels (up to a maximum of 4,600 new rooms plus 1,000 rooms
remaining in the existing Disneyland Hotel which will undergo
extensive renovation, up to 420,000 square feet of meeting space
and retail/restaurant space, and accommodation of 9,360 new
parking spaces, with provision for up to 1,000 rooms to be located
within the WESTCOT theme park); entertainment areas, internal
transportation systems and two public parking facilities
containing a maximum of approximately 34,300 spaces; and,
designation of an area for future expansion to possibly include a
third gated theme park (analyzed with up to 1,250,000 square feet
of building area and parking facilities containing 8,700 parking
spaces). Ongoing internal modifications and renovation of the
existing Disneyland theme park and Disneyland Hotel will continue
as part of The Disneyland Resort.
Also proposed is the establishment of the C-R Overlay which would
pertain to approximately 140 acres and would permit property in
the Overlay to be developed with land uses consistent with the
development program and standards for the underlying Resort
District or be governed by the same land uses (i.e. permitted and
conditionally permitted uses, etc.) as the C-R (Commercial
Recreation) Zone as set forth in Chapter 18.48 of the Anaheim
Municipal Code. As described in EIR No. 311, the proposed project
also includes the demolition and removal of some existing
facilities as well as property acquisition for implementation of
the off-site infrastructure improvements.
Project design modifications which have occurred since the release
of the Draft EIR and Specific Plan in November 1992 include a
reconfiguration of the West Parking Area and the designation of
parking facilities (open parking lot and parking structure) south
of Katella Avenue and adjacent to Haster Street as well as more
detailed project design features pertaining to the design of the
parking facilities.
425
City Hall~ Anaheim, California - COUNCIL MINUTES - JUNE 22~ 1993 - 5=00 P.M.
Se
ae
Co
eo
Also incorporated with the Specific Plan is a Public Facilities
Plan consisting of maps and text which set forth and address the
timing and extent of future infrastructure improvements and
services needed to serve the project. The Specific Plan includes
a comprehensive Streetscape Program to address special treatments
for gateway entry points into the area, median treatments, street
trees and landscaping.
The proposed Anaheim Commercial Recreation Maximum Permitted
Structural Height Ordinance would replace Map 1124 entitled
"Anaheim Commercial Recreation Area Height Standard Guideline"
which was previously adopted by City Council Resolution No. 80R-
174 for the Commercial Recreation Area.
ACTIONS TAKEN BY THE PLANNING COMMISSION:
Environmental Impact Report No. 311:
A Draft EIR (EIR No. 311) has been prepared for the project and
circulated for public/responsible agency review in compliance with
the California Environmental Quality Act (CEQA) and the State and
City of Anaheim CEQA Guidelines. Response to Comments documents
have been prepared to address the public/responsible agency
comments on the Draft EIR.
Recommending City Council certification of Environmental Impact
Report No. 311, including a Statement of Findings and Facts and
Statement of Overriding Considerations, and adoption of a
Mitigation Monitoring Program.
GPA No. 331:
City Planning Commission Resolution No. PC93-58
Adopting and recommending to the City Council adoption of General Plan
Amendment No. 331 pertaining to the Land Use, Circulation and
Environmental Resource and Management Elements of the General Plan (The
Disneyland Resort).
Specific Plan No. 92-1
City Planning Commission Resolution No. PC93-59
Recommending City Council adoption of a Resolution and an Ordinance
approving Specific Plan No. 92-1 (including Zoning and Development
Standards, a Design Plan and Guidelines, and a Public Facilities Plan)
(The Disneyland Resort)
Zoning and Development Standards Specific Plan No. 92-1
City Planning Commission Resolution No. PC93-60
Recommending City Council adoption of a Resolution and an
Ordinance approving Zoning and Development Standards in connection
with The Disneyland Resort Specific Plan No. 92-1
Planning Commission Recommendation for approval of the Anaheim
Commercial Recreation Area Height Standard Ordinance
PUBLIC NOTICE REQUIREMENTS MET BY:
Published - May 28, 1993 (Los Angeles Times)
May 28, 1993 (The Register)
June 3, 1993 (Anaheim Bulletin)
426
City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 22, 1993 - 5:00 P.M.
Mailing to property owners within 300 feet - May 27, 1993
Posting of property - May 27, 1993
The public hearing was scheduled for Tuesday, June 8, 1993 with the
understanding that it would be continued to Wednesday, June 9, 1993 at the Inn
At The Park Hotel, Plaza Ball Room, 1855 S. Harbor Boulevard, Anaheim, in
order to accommodate the anticipated public attendance. The public hearing
was held that date and the item subsequently continued to June 22, 1993.
City Attorney White. He recommends that the Council recess to Closed Session
to consider the item as listed on the 12:00 noon portion of the Agenda for the
adjourned regular meeting of June 15, 1993. It is anticipated the Closed
Session will last anywhere between 30 minutes and i hour.
RECESS - CLOSED SESSION: Council Member Pickler moved to recess into Closed
Session, Council Member Simpson seconded the motion. MOTION CARRIED.
(12:15 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (1:35 p.m.)
Mayor Daly. It is appropriate at this time to hear from staff regarding the
recommended actions before the Council today.
Mr. Tom Wood, Deputy City Manager. He has seven statements to enter into the
record today (also see Mr. Wood's report dated June 18, 1993 to the City
Manager/City Council which included Attachments A through J and Memorandum of
June 21, 1993 - both made a part of the record). The first is relative to
project financing and infrastructure cost. Disney and the City are into
discussion on these issues and when those are finalized, specifics will be
brought forth to both the Planning Commission and City Council under a
development agreement which will involve a number of public hearings. This is
not a part of what the Council will be approving today.
The second item involves a further review of the project components and how
they are being approved. He then addressed the hotels, the parking structures
and other properties in the C-R (Commercial-Recreation) overlay of the
Disneyland Resort Specific Plan and the process for approval of those
components. (A verbatim transcript of this meeting is on file and made a part
of the record.)
Mr. Wood then introduced Bob Jacob, The SWA Group, to "walk" through the
design of the parking structures, hotels and theme park perimeter guidelines
in the Specific Plan (SP92-1) to indicate and show what type of controls are
in place on how the public will view the exterior of the major facilities.
Following Mr. Jacob's presentation, he (Wood) will then describe how the
height ordinance has changed from that which was before the Council at the
last meeting and today based upon the removal of the Fujishige property from
the ~peci~£c Plan.
Mr. Bob Jacob, The SWA Group, 580 Broadway, Suite 200, Laguna Beach, CA
92651. His presentation will begin with a discussion of the basic principles
they have tried to use in coming up with guidelines and rules for the parking
structures, theme park district and the hotel district. Working from slides
which supplemented his presentation, he explained the three ways of addressing
the issues - the design plan which is an important component of the Specific
Plan, the Anaheim Municipal Code Chapter 18.78 which is incorporated directly
into the Specific Plan and review by City staff of the proposed plans to
427
City Hall~ Anaheim, California - COUNCIL MINUTES - JUNE 22, 1993 - 5:00 P.M.
determine conformance including both the code and the design plan. If any
proposal is not consistent with those provisions, the Specific Plan will then
be subject to further review.
Mr. Jacob first addressed the parking district concept plan which is divided
into the east and west parking area. Slides depicted street cross sections
and landscape cross sections which gave information pertaining to
right-of-way, street widths, setback locations, elevations and landscape
treatments, the details of which are contained in the Specific Plan. Colored
exhibits were also displayed supplementing the slides. Mr. Jacob then showed
similar slides/drawings relaying to the hotel district (i.e., specific cross
sections tied to the Specific Plan/Concept Plan) as well as the theme park
district. (Details of Mr. Jacob's presentation are contained in the verbatim
transcript.)
Mr. Jacob concluded this portion of his presentation noting that it is an
explanation of what they are doing in terms of the treatment of the edges of
the project, how it fits into the overall Specific Plan and how review would
proceed. It is an indication of the kinds of things that staff or the
Planning Commission can look at to make sure there is compliance with the
Specific Plan.
Mr. Jacob then continued with the second part of his presentation describing
changes in the Height Map working from the two displayed maps - one showing
the maximum permitted structural Height Map approved by the Planning
Commission and one showing the map as it is now proposed. The main difference
between the two is the fact that at Council's direction at the last meeting, a
parcel was removed from the future expansion district (Fujishige Property)
resulting in revised contours. (He explained the change working from the
displayed drawings.)
The changes would still provide the protection of the pedestrian environment
along Harbor, Katella and West Street which are important streets in terms of
pedestrian traffic in the Specific Plan area. However, it has a fairly
dramatic impact on heights. As an example, on Harbor, north of the
intersection with Convention Way, heights from the old plan would be
approximately 90 feet whereas under the new plan, heights would be in the
order of 120 or 130 feet. Between Zeyn and Clementine Streets, a similar
increase of approximately 40 feet has occurred in terms of the heights of
buildings that would be permitted.
Tom Wood. Relative to the West Street alignment, the City Attorney will
comment on the legalities of that issue followed by Mr. Pat Gibson who will
discuss the different options that were considered on the West Street
alignment.
city Attorney Jack White. Questions and comments arose from the public and
property owners fronting West Street at the public hearing held by the City
Council on June 9, 1993. Those can be divided into two specific issues -
(1) Quality of the title to the property upon which West Street, to be renamed
Disneyland Drive, would be located in the future and (2) the issue of the
legalities of cul-de-sacing West Street. He then briefed the Council on the
legalities of the two issues. (The details of Mr. White's explanation are
contained in the verbatim transcript.) What the Council is considering today
in the entitlements as well as approvals relate to the adoption of plans and
not actions that will necessarily result in a relocation of West Street.
Before any such relocation, it will be necessary for the City to be satisfied
that it does have adequate title to the public street.
428
City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 22, 1993 - 5:00 P.M.
With regard to the second issue - the ability of the City to cul-de-sac West
Street at its northern most end, the law since 1964 (Bridard vs. Southern
Pacific Company) has been and continues to be that the creation of a
cul-de-sac does not in and of itself give rise to any damages from any
adjoining property owner. In this instance, after having reviewed the plans
and in consultation with the traffic consultants, it is his opinion that there
is a reasonable access and there will continue to be a reasonable access to
and from the properties that abut what is now West Street that would be
effected by the cul-de-sacing. Therefore, he does not believe that this would
result in a compensable taking of property. He reiterated, the mere adoption
of the plan is not in itself an action that will impair access or result in a
cul-de-sacing of the street. That will actually occur at the time the Public
Work's crews and the contractors go out and perform the work. That may happen
or it may not happen depending on when and if this project is developed.
Mr. Pat Gibson. At the request of Mayor Daly, from the exhibit, he pointed
out the exact location of the cul-de-sac (portion of West Street from Ball
Road south).
Mr. Gibson continued, working from the exhibits, and briefed some of the
alternative alignments for West Street noting first that the realignment of
West Street was explored by the City long before the Disneyland Resort
Project. The City looked at a number of options for straightening the
discontinuity in West Street and for connecting the north and south ends of
the street. The reason for the continuity was to have the interchange (West
Street/Ball Road) better serve the rest of the C-R Area. The three
alternatives shown essentially connect the north and south ends of West Street
through various alignments through the Ball/West intersection. Option A
affected nine commercial properties, Option B and C affected eight. Thus,
eight or nine commercial properties had to be purchased in whole or in part in
order to implement any of those connections. As part of the Disneyland Resort
Project, a review was made and the particular alignment as shown on the master
plan in front of the Council now affects six properties and of those six, four
are either owned or long-term leased by Disney and are under Disney's control.
He noted that the Council asked them to look at the possibility of developing
the roadway, either completely to the east or completely to the west of the
two parcels owned by the $chlunds (Schlund Properties). They have done so and
these are shown in the handouts to the Council as Alternative 1 and
Alternative 2. He then briefed the alternatives and the effects those
alternatives would have on either commercial properties (Alternative 1) or
mainly residential and some commercial properties (Alternative 2). (The
details of Mr. Gibson's explanation are contained in the verbatim transcript.)
In concluding, Mr. Gibson stated it seems clear that the master plan alignment
before the Council affects the fewest number of properties and does not affect
any residential properties. It is the alignment most under the control of the
applicant.
Tom Wood. He then addressed noise issues, the intermodal transportation
center and a number of clean up items. (See verbatim transcript for details
of Mr. Wood's comments and also his Memorandum dated June 21, 1993.) The EIR
has placed 15 separate mitigation measures addressing noise during
construction and operation of the Westcot Center. Disneyland has already
agreed to spend an estimated $500,000 reconfiguring the Fantasmic sound system
in response to concerns raised. He then briefed the information contained in
his June 21, 1993 report (page 4) relative to construction operations and then
addressed the Orange County Transportation Authority (OCTA) Intermodal
429
City Hallr Anaheim, California - COUNCIL MINUTES - JUNE 22, 1993 - 5=00 P.M.
Transportation Center. A portion of the public parking facility in the east
parking area is being considered by OCTA to function as an intermodal
transportation center as a result of comments in the draft EIR submitted by
Caltrans and OCTA. In terms of consistency with the EIR, the draft EIR
considered adequate vehicular trips to accommodate traffic in and out of the
east parking area and the intermodal facility. It may even reduce project
related trips. Due to specific requirements of the Federal Transit Act and
Federal Clean Air Act regulations, additional environmental documentation may
be required to obtain Federal funding. For purposes of CEQA the facility has
received adequate analysis through the Disneyland Resort EIR and no further
analysis would be required.
In concluding, there are two additional items that need to be addressed.
There are two changes to Exhibit A which is the resolution certifying Final
EIR No. 311 and associated actions. On page 1 of the resolution, the
mitigation monitoring program number should be changed from 0061 to 0067 -
page 66, paragraph 1 and 3 should be corrected to reference 500 affordable
housing units instead of 100 affordable housing units.
Response to Comments Document Vol. 6E contains inaccurate responses to the
comparison between existing and proposed code standards associated with
aeight. The response inaccurately indicated that hotels in the C-R overlay
would need to obtain approval of a CUP for heights over 75 feet up to the
maximum heights defined by the proposed maximum permitted Structural Height
Map. The response is hereby amended to indicate that heights up to the
maximum heights on said map will be permitted by right and not subject to a
CUP. Responses to testimony received from Doug Jones and letters from the
Schlund Family and Mr. Peony contain such references and should be corrected.
Mayor Daly. He thanked Mr. Wood for the foregoing presentations and asked if
there were any questions or comments from Council or staff; there were none.
Council Member Daly offered Resolution No. 93R-107 for adoption, Certifying
EIR No. 311, adopting a Statement of Findings of Fact and Statement of
Overriding Considerations and adopting a Mitigation Monitoring Program and
Resolution No. 93R-108 for adoption, Adopting General Plan Amendment No. 331
pertaining to the Land Use, Circulation and Environmental Resource and
Management Elements of the General Plan. Refer to Resolution Book.
RESOLUTION NO. 93R-107: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM (A) CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT NO. 311, (B) ADOPTING
A STATEMENT OF FINDINGS AND FACTS AND STATEMENT OF OVERRIDING CONSIDERATIONS
IN CONNECTION THEREWITH, AND (C) ADOPTING MITIGATION MONITORING PROGRAM
NO. 0067.
RESOLUTION NO. 93R-108: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AMENDMENTS TO THE LAND USE AND CIRCULATION ELEMENTS OF THE
ANAHEIM GENERAL PLAN DESIGNATED AS GENERAL PLAN AMENDMENT NO. 331.
Roll Call Vote on Resolution Nos. 93R-107 and 93R-108 for adoptlon~
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Hunter, Pickler, Simpson, Daly
None
None
The Mayor declared Resolution Nos. 93R-107 and 93R-108 duly passed and
adopted.
430
City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 22, 1993 - 5:00 P.M.
Council Member Daly offered Ordinance No. 5377 through 5379, both inclusive,
for first reading.
RESOLUTION NO. - .... : Adopting Specific Plan No. 92-1 (Including Zoning and
Development Standards, a Design Plan and Guidelines, and a Public Facilities
Plan) for The Disneyland Resort.
ORDINANCE NO. 5377: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING
(SPECIFIC PLAN NO. 92-1, THE DISNEYLAND RESORT).
RESOLUTION NO. - .... : Adopting Zoning and Development Standards for The
Disneyland Resort Specific Plan No. 92-1.
ORDINANCE NO. 5378: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO CHAPTER 18.78 RELATING TO ZONING
AND DEVELOPMENT STANDARDS FOR SPECIFIC PLAN NO. 92-1 (SP92-1) ZONE (THE
DISNEYLAND RESORT).
ORDINANCE NO. 5379: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTION
18.04.035 TO CHAPTER 18.04 AND AMENDING SECTIONS 18.48.050 AND 18.48.082 OF
CHAPTER 18.48 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING
(ANAHEIM COMMERCIAL RECREATION AREA MAXIMUM PERMITTED STRUCTURAL HEIGHT
REQUIREMENTS).
The remaining resolutions relating to the Specific Plan are continued from
this meeting to be considered in conjunction with the adoption of the three
ordinances introduced today allowing the Council to consider and possibly
adopt all matters relating to the Specific Plan at the same meeting.
Before adjourning, Mayor Daly thanked staff for all the work that has brought
the EIR to final approval. It would be an understatement to say this is a
milestone in the history of the City. The credit for thousands of hours of
work goes to City staff and the various consultants who worked so hard on the
project.
By General Consent, the adjourned regular meeting of June 15, 1993, held
June 22, 1993, was adjourned. (2:35 p.m.)
LEONORA N. SOHL, CITY CLERK
431
City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 22, 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
FINANCE DIRECTOR: George Ferrone
UTILITIES ASSISTANT GENERAL MANAGER-FIN. & ADMIN.: Darrell Ament
TRAFFIC AND TRANSPORTATION MANAGER: John Lower
DIRECTOR OF MAINTENANCE: John Roche
PLANNING DIRECTOR: Joel Fick
ZONING ADMINISTRATOR: Annika Santalahti
ZONING DIVISION MANAGER: Greg Hastings
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 1:45 p.m. on June 18, 1993 at the Civic Center kiosk, containing all
items as shown herein.
Mayor Daly called the meeting to order at 3:30 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:
Barajas vs. City of Anaheim, Orange County Superior
Court Case No. 69-70-09
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.
d. To confer with its attorney regarding potential litigation
pursuant to Government Code Section 54956.9(b)(1).
ee
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. (3:31 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.
(5:09 p.m.).
INVOCATION: A moment of silence was observed in lieu of the invocation.
FLAG SALUTE: Council Member Fred Hunter led the assembly in the Pledge of
Allegiance to the Flag.
432
City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 22, 1993 - 5:00 P.M.
119: P~OCLAMATIONS: The following proclamations were issued by Mayor Daly
and authorized by the City Council:
Shared Housing Week in Anaheim, June 28 - July 4, 1993.
Homelessness Prevention Week in Anaheim, July 5 - 11, 1993.
Christina Kelly and Elizabeth Sackman accepted both proclamations and on the
latter proclamation were accompanied by Theodore Poman, Episcopal Service
Alliance, Jo Poteet, George Washington Community Center, Shawn Kraemer &
Ophelia Lopez, Lutheran Social Services.
The following were recognitions authorized by the City Council this date to be
mailed or presented at another time:
Leonard Smith for 29 years of service to Anaheim Stadium Corporation
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,918,772.55 for the
period ending June 18, 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. (5:18 p.m.)
Mayor Daly reconvened the City Council meeting. (5:24 p.m.)
ITEMS OF PUBLIC INTEREST:
Sharon Ericson, President, Anaheim Municipal Employees Association (AMEA).
She referred to the letter she sent throughout the City to employees regarding
an employee in the Parks and Recreation Department, Vicki Steuart who became
seriously ill with blood clots forming behind her knee. Ultimately, she had
to have her leg amputated. Next week as an agenda item, the Council will be
asked to authorize full-time employees to participate in a one-time accrued
vacation buy out to provide a cash donation for Vickie. She is asking
employees to donate some of their vacation time or, if not, to make a cash
donation which will assist in buying a prosthesis for Vicki at a cost of
$5,000.
Carolyn Walters, 154 Jerrilee, Anaheim. (She first stated she is not a City
employee and never has been.) She was surprised when she watched on
television what went on at the last Council meeting regarding the Utilities
Users' Tax (UUT). She does not understand what the big deal is over the tax.
She paid $1.73 a month or $20.76 a year. She agreed with what Council Member
Hunter said (see minutes of June 15, 1993) and would like the issues brought
up answered as well. She talked to many people who were not even aware of the
tax. Many citizens do not know what is going on. She agrees with no taxes at
the Federal and State level but when it comes to the local City level, taxes
can be watched closer. The Council should stop waste. Last week after some
people spoke, they talked as though City employees were scum. That is not
true. She has not seen positive results with privatization vs. City
employees. If there is going to be no Utility Users' Tax, she would like the
Council to use the 15 million dollars in reserves to balance the budget. She
does not want to see anymore layoffs or any cuts in police, fire, libraries
and parks. She supports the Disneyland expansion. Anaheim is what it is
433
City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 22, 1993 - 5:00 P.M.
because-of Disneyland. She does not like the idea of City Park employees not
having uniforms. There is no way to distinguish if they are employees. She
is getting tired of her City "going down the tubes". It is a quality of life
issue.
Tim Hainline, 523 S. Resh Street, Anaheim. He is an employee of the City. He
has spoken to the Council previously on about four occasions. He is in favor
of continuing the 2% UUT. He has been told that his position with the Parks
Department will be terminated July 6. As the UUT goes, so does the quality of
life in the City. If the Council lets it sunset (see minutes of June 15, 1993
where the Council voted to do so) there will be numerous layoffs. He is
opposed to cutting hard working City employees and replacing them with private
contractors. There are a lot of unexpected problems that occur not reflected
in the bids which he explained. He then questioned why the Council appointed
a Budget Advisory Commission and then voted against their recommendation not
to eliminate the UUT. Me urged that they extend the UUT for as long as it
takes to keep the City a great place to live and work.
Veronica Servello, 1752 N. Pauline. She is present on behalf of her parents
and to speak against the programs that possibly may be cut in the Parks and
Recreation Department such as Kids-in-Action. She explained how her parents
utilized the parks and the programs when she was a child. She is asking the
Council not to cut Park employees and programs because her children may not be
able to play in a park anymore.
Christopher Quinn, 112 N. Kodiak, Anaheim. There seems to be an increase in
gang activity in his neighborhood where he has lived for about six years. He
owns a condominium there. He has had his car vandalized twice by people at
the north end of Kodiak Street. It is on the border between Orange and
Anaheim Hills. The condominiums were built in 1971. There seems to be a
problem with the Anaheim Police Department allocating enough personnel to
adequately patrol the area. He subscribes to the apartment owners
association. He read an article from their publication dated June, 1993
relating to gang issues. In concluding, he stated they are in the infancy
stages in the neighborhood relative to gangs. He is requesting that special
assistance be made to that area. It would be a good example of what could be
done in the City to curb the gang and crime problem if done in time.
Mayor Daly. He asked if Mr. Quinn had been in touch with the Police
Department and aware of the various neighborhood programs. Mr. Quinn answered
yes. A neighborhood watch program was initiated.
Mayor Daly. He suggested that the City Manager obtain Mr. Quinn's complete
name and address and provide that to the Police Department and that there be
some follow-up activity done with the homeowners association. He asked that
Mr. Quinn provide details about the gang activity he has seen in the
neighborhood.
Candy Bright, 450 $. Gilbuck, Anaheim. Her concern is relative to the Anaheim
Therapeutic Recreation program on Broadway. Her son attends that program.
434
City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 22, 1993 - 5:00 P.M.
The children in the program do not have a lot of places to go. They need the
kind of-supervision provided. It is a very organized situation and a very
necessary one for these children to be involved. Her daughter is an employee
of the City and works with the handicapped children. She and other parents
whose children benefit from the program are asking that it remain intact.
PUBLIC COMMENTS - AGENDA ITEMS:
Public input received on Items Al5, A16, A22 and A27 (see discussion under
those items).
MOTION: Council Member Pickler moved to waive reading in full of all
ordinances and resolutions to be acted upon for the Council meeting of
June 22, 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-109 through 93R-113, both inclusive, for
adoption and offered Ordinance No. 5373 through 5376, both inclusive, for
adoption. Refer to Resolution/Ordinance 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 Edith A. Keller for bodily injury sustained
purportedly due to actions of the City on or about April 15, 1993.
b. Claim submitted by William R. Asplin for property damage sustained
purportedly due to actions of the City on or about April 14, 1993.
c. Claim submitted by James Richard Bonsteel for bodily injury sustained
purportedly due to actions of the City on or about October 25, 1992.
d. Claim submitted by Dan Booth for property damage sustained purportedly
due to actions of the City on or about November 3, 1993.
e. Claim submitted by Joshua Michael Lee Breitigan, c/o Stephen R. Cohen,
for bodily injury sustained purportedly due to actions of the City on or
about March 15, 1993.
f. Claim submitted by Carl Karcher Enterprises, Inc., c/o Laura M. Knox,
Esq., for indemnity sustained purportedly due to actions of the City on or
about March 23, 1993.
g. Claim submitted by Francisco Chavez for property damage sustained
purportedly due to actions of the City on or about May 7, 1993.
h. Claim submitted by Armando De Santiago Mayorga, c/o Walter R. Huff,
Esq., for bodily injury sustained purportedly due to actions of the City
on or about April 23, 1993.
i. Claim submitted by Enrique De Santiago, c/o Walter R. Huff, Esq., for
property damage sustained purportedly due to actions of the City on or
about April 23, 1993.
435
City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 22, 1993 - 5:00 P.M.
j. -Claim submitted by Dennis Gene Devote, DDS for property damage
sustained purportedly due to actions of the City on or about April 29,
1993.
k. Claim submitted by Alan Drucker, c/o James R. Tipps, Esq., for bodily
injury sustained purportedly due to actions of the City on or about
November 22, 1992.
1. Claim submitted by David Duarte for property damage sustained
purportedly due to actions of the City on or about April 7, 1992.
m. Claim submitted by Gregory A. Eckel for bodily injury sustained
purportedly due to actions of the City on or about May 2, 1993.
n. Claim submitted by Dorothy Mae Martin for property damage sustained
purportedly due to actions of the City on or about May 7, 1993.
o. Claim submitted by Deborah L. Mesna for property damage sustained
purportedly due to actions of the City on or about March 31, 1993.
p. Claim submitted by Gul T. Panjabi for property damage sustained
purportedly due to actions of the City on or about October 16, 1992.
q. Claim submitted by James Shipp, c/o Milton C. Grimes, Esq., for bodily
injury sustained purportedly due to actions of the City on or about
January 6, 1993.
r. Claim submitted by Wil-Gary Co., Inc., Jax Market, c/o William Haber
for property damage sustained purportedly due to actions of the City on or
about December 8, 10 and 18, 1992 and May 9, 1993.
s. Claim submitted by Bradley Jewett Stoddard for property damage
sustained purportedly due to actions of the City on or about April 17,
1993.
t. Claim submitted by Ronald D. Todd for property damage sustained
purportedly due to actions of the City on or about April 14, 1993.
u. Claim submitted by Maria Vasquez, c/o Walter R. Huff, Esq., for bodily
injury sustained purportedly due to actions of the City on or about
April 23, 1993.
A2. 105: Receiving and filing minutes of the Senior Citizens Commission
meeting held May 13, 1993.
105: Receiving and filing minutes of the Community Services Board meeting
held May 13, 1993.
105: Receiving and filing minutes of the Community Redevelopment Commission
meetings held May 12 and June 2, 1993.
A3. 169: Awarding the contract to the lowest responsible bidder, R.J. Noble
Company in the amount of $692,431.25 for La Palma Avenue Street and Storm
Drain Improvement-Sunkist Street to State College Boulevard 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.
436
City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 22, 1993 - 5:00 P.M.
A4. 169: Awarding the contract to the lowest responsible bidder, Sully-
Miller Contracting Company in the amount of $210,472.75 for Harbor Boulevard
Street Improvements-Orangewood Avenue to south city limits 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. 169: Recommendation to award a contract for a Digital Telecommunication
System was removed from the agenda.
City Manager Ruth reported this would be brought back at a later date.
A6. 169: Awarding the contract to the lowest responsible bidder, Ail
American Asphalt, in the amount of $154,770.50 for State College Boulevard
Street Improvement-Romneya Drive to La Palma Avenue 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, Valverde
Construction, Inc., in the amount of $298,680.00 for Meter Vault
Rehabilitation and/or replacement (city-wide) 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.
AB. 169: Awarding the contract to the lowest responsible bidder, Sully-
Miller Contracting Company in the amount of $1,695,459.50 for State College
Boulevard/Orangewood Avenue Critical Intersection 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.
A9. 123: Authorizing the Mayor and the City Clerk to sign an Agreement with
the City of Stanton, City of Buena Park, and City of Garden Grove which sets
forth the design, construction and implementation obligations for a
coordinated system of signalized intersections along Knott Street from I-5
Freeway to SR-22 Freeway.
Al0. 173: RESOLUTION NO. 93R-109: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM SUPPORTING THE EXISTING AMTRAK/COMMUTER RAIL STATION SITE ON
THE LOSSAN RAIL CORRIDOR AS THE PREFERRED LOCATION FOR CONSTRUCTION OF
IMPROVEMENTS REQUESTED IN THE 1993/94 REVISED TRANSIT CAPITAL IMPROVEMENT
PROGRAM APPLICATION.
All. 123: Approving the Thirteenth Addendum to the Agreement with Hellmuth,
Obata & Kaesabaum, Inc., in the amount of $15,605 for revisions to the design
documents for the Anaheim Arena.
A12. 169: Approving Contract Change Order $1 with Sully-Miller Contracting
Company in the amount of $120,827.86 for installation of additional electrical
conduits associated with the Tustin Avenue and La Palma Avenue Critical
Intersection Construction Project.
Al3. 160: Authorizing the Purchasing Agent to issue a purchase order to
Motorola Communications, in the amount of $27,354.00 for the repair and
maintenance of ninety-four mobile data terminals for a one year period
beginning July 1, 1993. (Police Department vehicles)
437
City Hall, Anaheim, California - COUNCIL MINUTES - JTJNE 22, 1993 - 5:00 P.M.
Al4. I52: RESOLUTION NO. 93R-110: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING CERTAIN CITY EMPLOYEES TO ACT AS REPRESENTATIVES
OF THE CITY FOR THE ACQUISITION OF FEDERAL SURPLUS PERSONAL PROPERTY FROM THE
CALIFORNIA STATE AGENCY FOR SURPLUS PROPERTY AND AUTHORIZING THE CITY MANAGER
TO EXECUTE THE NECESSARY DOCUMENTS RELATING THERETO.
Al5. 123: Submitted was an Agreement with The Norco Companies in an amount
not to exceed $47,844.00 for courier mail services for a period of two years
beginning July 6, 1993. (Courier service includes pick up and delivery
services to the Loara Post Office and various City locations off-site of City
Hall.)
Sharon Ericson, President AMEA. Relative to contracting out mail courier
services, it has already been done previously. In the privatization report,
this function was rated in the low category for the following reasons:
(1) It was previously contracted out for five years and brought
back in house due to poor service. At that time, it saved the
City $1,141 annually to bring it back. She is concerned that this
is a little retaliation in this department and it will cost one
real body. (2) In-house personnel are more familiar with City
Departments and personnel resulting in fewer user complaints.
Council Member Feldhaus. He would like to see some comparative numbers. In
his opinion, he believes they will be able to provide a part-time employee to
do the job as well for less money. He is asking that the item be continued;
Council Member Hunter. He agrees.
Council Member Pickler. If the item is continued, he would like to hear from
staff.
City Manager Ruth. Staff received bids. The net savings on an annual basis
is approximately $16,000 for a two-year period. There will be a little
greater savings in the second year. They locked in a fee for two years. He
confirmed it is a full-time employee.
Council Member Feldhaus. He asked if staff looked at a part-time employee;
George Ferrone, Finance Director. They have not investigated that
possibility. It would require a 40 hour effort by either an outside service
or an inside person. Savings would total almost $33,000 over two years.
Council Member Feldhaus. He did not see anything in his material to support
that.
Council Member Feldhaus reiterated his request for a continuation of this
item; Council Members Simpson and Hunter were agreeable to a continuance.
item was subsequently continued to the meeting of July 13, 1993.
The
George Ferrone, Finance Director. The contract is scheduled to begin on
July 6. It would have to be amended but it probably would not affect the
price.
Al6. 175: Approving the FY 1992/93 bad debt write-off of uncollectible
accounts totalling $1,348,209.00, a reduction of $105,120.00 over the FY 91/92
bad debt write-off, from the Secretary of the Public Utilities Board.
Jeff Kirsch, 2661 W. Palais, Anaheim. He spoke to this item as well as
Item Al9 also relating to write-offs of uncollectible accounts for Paramedic
438
City Hallt Anaheim, California - COUNCIL MINUTES - JUNE 22, 1993 - 5:00 P.M.
fees. In reviewing the items, for $20 or $100, it may not be worth filing the
paperwork but some of the line items are several hundred to several thousand
dollars. He questioned if it would be at all productive to leave those open
and on a longer term attempt some sort of collection. If there is some way to
do it, they should give further attention to recouping even a fraction of the
2 million dollars.
City Attorney White. This is an accounting function and just because it is
written off does not mean staff has not continued to pursue legal action where
they cannot find the person and effect the process of service to recover the
money.
George Ferrone, Finance Director. He referred to the second page of the staff
report stating they have collected $10,400 of last years written off amount.
They do continue the collection process.
Daryl Ament, Consumer Services Manager, Utilities Department. He also
confirmed that Public Utilities continues to pursue write offs. They are also
aggressively looking at the policies already implemented. They now require a
deposit from residential customers. There are also other policies that are
pursued to drive down the write off amount.
Al7. 101: Approving the FY 1992/93 write-off of uncollectible accounts
receivable totalling $122.86 from the Stadium General Manager.
Al8. 124: Approving the FY 1992/93 write-off of uncollectible Tenant
Accounts receivable totalling $26,011.86 from the Convention Center General
Manager.
Al9. 128: Approving the FY 1992/93 write-off of uncollectible miscellaneous
and paramedics accounts receivable totalling $670,924.08 from the Assistant
Finance Director.
A20. 160: Accepting the bids of General Electric Company, in the amount of
$21,450 for three 10 K.V.A., and thirty 25 K.V.A. Conventional Transformers;
and Central Maloney c/o Maydwell & Hartzell, Inc., in the amount of $6,325 for
five 75 K.V.A. Conventional Transformers, in accordance with Bid #5153.
A21. 153: RESOLUTION NO. 93R-111: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM
FIREFIGHTERS ASSOCIATION AND THE CITY OF ANAHEIM. (Creates Fire/Arson
'Investigation as a premium assignment paid thirteen per cent (13%) above top
step Firefighter.)
A22. 123: Approving and authorizing the City Attorney to execute the
settlement Agreement with AT&T resolving disputed long-distance toll charges
billed to City of Anaheim.
Jeff Kirsch, 2661 W. Palais, Anaheim. He asked if any action is planned or if
it was possible to recover damages from the perpetrator.
John Roche, Maintenance Director. The hacker got into the system through an
800 number. They have disconnected the number but the hacker cannot be found.
The matter was turned over to AT&T investigation force. The hacker came from
back East.
City Attorney White. If they determine who the perpetrator is, they will have
the ability and would pursue legal action to recover the charges. The FCC
439
City Hallr Anaheim, California - COUNCIL MINUTES - JUNE 22, 1993 - 5:00 P.M.
approves tariffs relating to determining responsibility of persons relating to
commercial 800 lines as to how the costs are divided and what responsibility
is the customers vs. the phone company. That is the reason the City has
liability for the amount of charge. In this case, they do not have the
ability to walk away from the charge.
A23. 123: Approving a License Agreement with Feedback Foundation, Inc., to
utilize Brookhurst Community Center on a shared basis to provide a
comprehensive meal program, including recreational activities and social
services to senior citizens, through June 30, 1994.
A24. 123: RESOLUTION NO. 93R-112: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A REVOLVING CREDIT AGREEMENT RELATING TO ELECTRIC
REVENUE ANTICIPATION NOTES OF SAID CITY AND AUTHORIZING THE EXECUTION AND
DELIVERY THEREOF (Bank of America National Trust & Savings Association and
Morgan Guaranty Trust Company of New York).
A25. 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.
A26. 132: ORDINANCE NO. 5373 - ADOPTION: AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING SECTION 10.10.040, 10.10.050 AND 10.10.080 OF CHAPTER 10.10
OF TITLE 10 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SOLID WASTE AND
RECYCLABLES. (Introduced at the meeting of June 15, 1993.)
A27. 108: ORDINANCE NO. 5374 - ADOPTION: AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING SECTIONS 8.08.010, 8.08.020, 8.08.030, 8.08.060, 8.08.070,
8.08.080, 8.08.090, 8.08.100, 8.08.120, 8.08.140, AND 8.08.160 OF CHAPTER 8.08
OF TITLE 8 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ANIMAL CONTROL, WELFARE
AND LICENSE REQUIREMENTS. (Introduced at the meeting of June 15, 1993.)
Sharon Ericson. She notes that animal licensing will be returned to the
County of Orange. She feels the main reason is due to the high data
processing costs to use the City's mainframe. This will also be cutting
another full-time position. She continues hearing from citizens that the City
is not really cutting people and no one is getting a pay cut. She then
explained for the benefit of the citizens how much the employees in her group
(AMEA) have been cut in the last few years as well as demotions which have
resulted in substantial decreases in pay. At the conclusion of her
explanation, she emphasized that the AMEA has taken the brunt of the cuts that
have occurred in the City. She questioned what will be happening to the
employees the City is proposing to lay off July 6. She is asking that the
council look at the impact these cuts are having on the citizens. They must
stop cutting lower level employees - the ones who actually go out and serve
the citizens. They are always there when there is a disaster. She urged the
Council to think about those employees as well as the citizens.
A28. 137: ORDINANCE NO. 5375 - ADOPTION: AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING CERTAIN PROVISIONS OF ORDINANCE NO. 5032 OF THE CITY COUNCIL
RELATED TO ELECTRIC REVENUE ANTICIPATION NOTES. (Introduced at the meeting of
June 15, 1993.)
ORDINANCE NO. 5376 - ADOPTION: AMENDED AND RESTATED ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, PROVIDING FOR THE PROCEDURES FOR
THE ISSUANCE, SALE AND SECURING OF WATER REVENUE ANTICIPATION NOTES OF SAID
440
City Hall, Anaheim, California - COUNCIL MINIITES - JUNE 22, 1993 - 5:00 P.M.
CITY AND PROVIDING THE TERMS AND CONDITIONS OF SAID NOTES.
meeting of June 15, 1993)
(Introduced at the
A29. 123: Authorizing a First Amendment to Agreement with Ail City
Management Services, Inc., in an amount not to exceed $438,144.00 to provide
school crossing guard services for one year beginning July 1, 1993 and ending
June 30, 1994, in accordance with Bid #4932.
A30. 137: RESOLUTION NO. 93R-113: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM PROVIDING FOR THE BORROWING OF FUNDS FOR FISCAL YEAR 1993/94
AND THE ISSUANCE AND SALE OF 1993 TAXABLE NOTES, SERIES B THEREFOR.
(Authorizing the sale of the Notes to Rauscher, Pierce, Refsnes, Inc.)
123: Approving the terms and conditions of an Agreement with Jones Hall Hill
& White as bond counsel regarding the sale of this Taxable Note Issue.
123: Approving an Agreement with Smith Barney, Harris Upham & Co., Inc., as
financial advisor regarding the sale of this Taxable Note Issue.
A31. 123: Approving an Agreement with the Orange County Sports Association
for Hall of Fame museum space at the Anaheim Stadium.
Roll Call Vote on Resolution Nos. 93R-109 throuqh 93R-113, both inclusive, for
adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Hunter, Pickler, Simpson, Daly
None
None
The Mayor declared Resolution Nos. 93R-109 through 93R-113, both inclusive,
duly passed and adopted.
Roll Call Vote on Ordinance Nos. 5373 throuqh 5376, both inclusive, for
adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Hunter, Pickler, Simpson, Daly
None
None
The Mayor declared Ordinance Nos. 5373 through 5376, both inclusive, duly
passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
A32. 000: CONTINUED PUBLIC MEETING - TRANSPORTATION IMPACT AND IMPROVEMENT
FEES FOR NEWDEVELOPMENT:
TO consider an ordinance authorizing collection of a Citywide Transportation
Impact and Improvement fee from new development as mandated by Measure M; and
a resolution selecting a 25% reduction in actual costs of new development
transportation impacts as the schedule of fees for the Citywide Transportation
Impact and Improvement Program. This matter was continued from the meetings
of May 18 and June 8, 1993 to this date. (See minutes those dates.)
Previously submitted were reports dated May 18, 1993 and subsequent report
dated June 14, 1993 from the City Attorney in response to a request by the
Council for a review of the requirements of the law relative to the subject
fee.
441
City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 22, 1993 - 5:00 P.M.
Mayor D~ly. The City Attorney has provided information on the necessity for
adopting the subject fee and John Lower (the City's Traffic & Transportation
Manager) has provided additional information as to what other cities have done
to meet the Measure M fee requirement. He is going to suggest that they adopt
the baseline fee for each of the four Growth Management Areas within Anaheim
City limits indicated in the documents provided by Mr. Lower.
City Attorney White. Under State law requirements, it is necessary to hear
from any member of the public who wishes to comment. Although it is not a
public hearing item, that opportunity should be afforded tonight. The only
item is to introduce the ordinance and bring it back next week along with the
resolution establishing the fees. If the Council gives direction, staff will
attach to the resolution the baseline fee schedule to be adopted in
conjunction with the ordinance.
Mayor Daly. He opened the floor to public comments asking to hear from anyone
who wished to speak to the Transportation Impact and Improvement fee; no one
wished to speak.
City Attorney White. The proper action at this time, would be to introduce
the ordinance and offer a motion directing staff to prepare an attachment to
the resolution establishing baseline fees for each of the four Growth
Management Areas which will be on the agenda next week for consideration in
conjunction with adoption of the ordinance.
Council Member Daly offered Ordinance No. 5380 for first reading.
ORDINANCE NO. 5380 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
CHAPTER 17.32 TO TITLE 17 OF THE ANAHEIM MUNICIPAL CODE ESTABLISHING A
TRANSPORTATION IMPACT AND IMPROVEMENT FEE FOR NEW DEVELOPMENT.
MOTION: Council Member Daly moved that staff prepare an attachment to the
proposed resolution to be acted upon June 29, 1993 establishing baseline fees
for each of the four Growth Management Areas. Council Member Simpson seconded
the motion.
Before a vote was taken, John Lower, Traffic and Transportation Manager noted
that under the proposed motion, different parts of town would be paying
different fees ranging from a 37% reduction of actual costs all the way to an
84% reduction of actual costs possibly leading to competition internal to the
City. Me would like the Council to consider a single fee throughout the City
taking the average of all of those which would be a 68% reduction of actual
costs.
Mayor Daly. He asked that the Council be provided with both alternatives;
City Attorney White. The Council will be provided with two alternatives next
week when the ordinance and resolution are scheduled to be adopted.
A vote was then taken on the foregoing motion by Council Member Daly including
the direction that Council be provided with alternatives relative to
establishment of the baseline fees. MOTION CARRIED.
A33. PUBLIC HEARINGS - 1993/94 BUDGET=
To consider the proposed 1993/94 Budget Plan. The budget was continued from
the meeting of June 8 and June 15, 1993 to this date (see minutes of June 8
and June 15, 1993).
442
City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 22, 1993 - 5:00 P.M.
The budget was presented by the City Manager at the Council meeting of June 8,
1993 where the first group of departmental presentations were made (see
minutes June 8, 1993). The public hearing on the budget was also opened and
subsequently continued to the meeting of June 15, 1993 (see minutes that date)
where the balance of departmental presentations were made at the afternoon
session. The public hearing was then opened, input received and subsequently
continued to the evening session where additional public input was received.
The public hearing portion was closed and the budget adoption and related
actions continued to this date.
Council Member Simpson offered Resolution No. 93R-114 through 93R-137, both
inclusive, for adoption relative to budget appropriations limits,
classification and salary changes and changes in fee schedules. Refer to
Resolution Book.
A. 106: RESOLUTION NO. 93R-114: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, CALIFORNIA, ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE
FISCAL YEAR 1993/94. ($355,091,713)
B. 106: RESOLUTION NO. 93R-115: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, CALIFORNIA, ADOPTING THE COMMUNITY FACILITIES DISTRICT
NO. 1989-1 (SYCAMORE CANYON) ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR
1993/94. ($130,028,621)
C. 106: RESOLUTION NO. 93R-116: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, CALIFORNIA, ADOPTING THE COMMUNITY FACILITIES DISTRICT
NO. 1989-2 (THE HIGHLANDS) ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR
1993/94. ($130,028,621)
D. 106: RESOLUTION NO. 93R-117: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, CALIFORNIA, ADOPTING THE COMMUNITY FACILITIES DISTRICT NO.
1989-3 (THE SUMMIT) ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 1993/94.
($130,028,621)
E. 153: RESOLUTION NO. 93R-118: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 92R-22 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS ADMINISTRATIVE MANAGEMENT.
F. 153: RESOLUTION NO. 93R-119: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 92R-21 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS MIDDLE MANAGEMENT.
G. 153: RESOLUTION NO. 93R-120: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 92R-20 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS SUPERVISORY.
H. 153: RESOLUTION NO. 93R-121~ A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 91R-49 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSES ASSIGNED TO THE GENERAL UNIT REPRESENTED BY THE
ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION.
I. 153: RESOLUTION NO. 93R-122: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 93R-34 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSES ASSIGNED TO THE INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL 47.
J. 153: RESOLUTION NO. 93R-123: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 92R-121 WHICH ESTABLISHED RATES OF
443
City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 22, 1993 - 5:00 P.M.
COMPENSATION FOR CLASSES FOR SELECTED UNREPRESENTED PART-TIME JOB
CLASSIFICATIONS.
K. 153: RESOLUTION NO. 93R-124: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 91R-125 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS UNREPRESENTED PART-TIME.
L. 153: RESOLUTION NO. 93R-125: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 92R-18 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS PROFESSIONAL.
M. OOO: RESOLUTION NO. 93R-126: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ESTABLISHING FEES TO BE CHARGED BY THE PUBLIC
WORKS-ENGINEERING DEPARTMENT OF THE CITY OF ANAHEIM.
N. OOO: RESOLUTION NO. 93R-127: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ADJUSTING THE AMOUNT OF THE ADDITIONAL DEVELOPMENT FEE FOR THE
ANAHEIM STADIUM BUSINESS CENTER AREA.
O. 000: RESOLUTION NO. 93R-128: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ADJUSTING DEVELOPMENT FEES ESTABLISHED PURSUANT TO CHAPTER
17.30 OF THE ANAHEIM MUNICIPAL CODE (INTERIM DEVELOPMENT FEES-ANAHEIM STADIUM
BUSINESS CENTER).
P. 129: ORDINANCE NO. 5381 - INTRODUCTION: AN ORDINANCE OF THE CITY OF
ANAHEIM ADDING CHAPTER 16.35 TO TITLE 16 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO FALSE ALARMS.
000: RESOLUTION NO. 93R-129: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM REVISING FEES FOR THE UNDERGROUND STORAGE TANK PROGRAM AND
ESTABLISHING THE EFFECTIVE DATE OF FEES.
000: RESOLUTION NO. 93R-130: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM REVISING FEES FOR SERVICES RENDERED BY THE FIRE PREVENTION DIVISION OF
THE FIRE DEPARTMENT AND ESTABLISHING THE EFFECTIVE DATE OF FEES.
Q. 000: RESOLUTION NO. 93R-131: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING THE GREEN FEES AND TOURNAMENT SURCHARGE TO BE CHARGED
AT THE H.G. "DAD" MILLER ANAHEIM MUNICIPAL GOLF COURSE AND THE ANAHEIM HILLS
GOLF COURSE.
'R. 140: RESOLUTION NO. 93R-132: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ESTABLISHING A RENTAL PROGRAM FOR BEST-SELLING B(X)KS AND BOOKS
RECORDED ON AUDIOTAPE, AND SETTING RENTAL AMOUNTS.
S. 140~ RESOLUTION NO. 93R-133~ A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ADJUSTING THE AMOUNT OF THE FEE FOR THE PUBLIC LIBRARIES
FACILITY PLAN FOR THE EAST SANTA ANA CANYON AREA.
T. 000: RESOLUTION NO. 93R-134: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ESTABLISHING FEES TO BE CHARGED FOR PARK AND RECREATION
PROGRAMS AND SERVICES COMMENCING ON SEPTEMBER 1, 1993.
U. 000: RESOLUTION NO. 93R-135: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ESTABLISHING THE AMOUNT OF THE PARK IN-LIEU FEE AND RESCINDING
RESOLUTION NO. 92R-128.
444
City Hallr Anaheim, California - COUNCIL MINUTES - JUNE 22, 1993 - 5:00 P.M.
V. 168: ORDINANCE NO. 5382 - INTRODUCTION: AN ORDINANCE OF THE CITY OF
ANAHEIM ADDING SUBSECTION .090 TO SECTION 10.19.050 AND AMENDING SECTION
15.08.100 OF CHAPTERS 10.19 AND 15.08 OF TITLES 10 AND 15 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO PROCESSING FEES. (PROCESSING FEE FOR STREET NAME
AND NUMBER PREMISES CHANGE.)
000: RESOLUTION NO. 93R-136: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING AND MODIFYING FEES FOR PLANNING, ZONING AND LAND USE
PETITIONS, PERMITS, APPROVALS AND APPEALS.
W. 101: RESOLUTION NO. 93R-137: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ESTABLISHING RATES TO BE CHARGED FOR LICENSING AND FOR CERTAIN
LABOR, EQUIPMENT AND SERVICES AT ANAHEIM STADIUM COMMENCING ON JULY 1, 1993.
Roll Call Vote on Resolution Nos. 93R-114 throuqh 93R-137, both inclusive, for
adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Hunter, Pickler, Simpson, Daly
None
None
The Mayor declared Resolution Nos. 93R-114 through 93R-137, both inclusive,
duly passed and adopted.
Council Member Simpson offered Ordinance Nos. 5381 and 5382 for first reading.
ORDINANCE NO. 5381: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 16.35
TO TITLE 16 OF THE ANAHEIM MUNICIPAL CODE RELATING TO FALSE ALARMS.
ORDINANCE NO. 5382: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SUBSECTION
.090 TO SECTION 10.19.050 AND AMENDING SECTION 15.08.100 OF CHAPTERS 10.19 AND
15.08 OF TITLES 10 AND 15 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PROCESSING
FEES. (PROCESSING FEE FOR STREET NAME AND NUMBER PREMISES CHANGE.)
Mayor Daly. He asked that in the future on ordinances when they are first
brought before the Council, that there be an indication they will have first
reading and not introduction; City Attorney White. He will discuss that with
the City Clerk and appropriate changes will be made.
Mayor Daly asked to hear from the City Manager regarding the 1993/94 Budget.
City Manager James Ruth. Late this morning, the State budget was adopted. As
submitted to the City Council, the impact was approximately a 1.3 million
dollar loss of revenue to the City. That has been built into the budget and
has been discussed in the staff report to the City Council in the
reco~endation today to try to balance the budget and get it approved. The
staff recommendation is based on the action taken by the Council at the last
meeting to delete the Utility Users' Tax letting it sunset on September 30,
1993. In light of that, it reduces City revenues by approximately 6 million
dollars. The following recommendations are presented for Council
consideration - that the Fiscal Year 1993/94 Budget be adopted as proposed
balanced with one-time funds. They are recommending using the Fleet
Maintenance Fund with a surplus of a couple of million dollars and taking the
rest from the Capital Improvement Fund to make up the remaining 4 million
dollars. That will balance the budget. Secondly, he is recommending that
staff return to the Council within 60 days with recommendations as to how the
budget may be balanced using a combination of the approaches offered which he
briefed and as submitted to the Council.
445
City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 22, 1993 - 5:00 P.M.
In his explanation, he reported that in Fiscal Year 1994/95, the budget
picture will get worse. The aerospace rebate will be another $300,000, full
loss of the City Utility Users' Tax of 9 million dollars and there is a good
possibility that the City will not be able to reinvest in the County
investment pool which was able to generate 2.5 million dollars in additional
revenue this year, thanks to City Treasurer, Charlene Jung and Finance
Director, George Ferrone. It is conceivable that next year the problem will
be approximately 11.8 million assuming that one-time monies are used to
balance this year's budget. That number could be greater next year if they do
not make some structural cuts in the organization. In concluding, he stated
to bring the budget into balance they are suggesting four different approaches
- reduce services, cut department budgets further, deficit spending, raise new
revenues or reduce labor costs, cutting salaries and reducing some benefits or
a combination of any of these. They are looking for direction from the
Council to explore those four possibilities and come back in 60 days with a
program to meet the revenue shortfall.
Council Member Hunter. In essence, to make up the 6 million dollar loss by
the Utility Users' Tax (UUT) not being extended, they are going to one-time
monies; City Manager Ruth confirmed that was correct. In 60 days, viable
options will be presented for Council's consideration. He also confirmed for
Council Member Pickler that the budget as presented to the Council under this
proposal remains status quo. He wants the Council to be aware under that
proposal, there are some layoffs required. This budget will not restore
anything. It is taking the proposed budget submitted less the 6 million
dollars in revenue anticipated from the UUT in order to balance it.
Additional questions were posed to Mr. Ruth by Council Members, one having to
do with a cut in Redevelopment monies by the State; Lisa Stipkovich, Executive
Director of Community Development. She has not seen the specifics but if what
they had seen previously which is a cut of about 20% of their administrative
costs, she would estimate that that would be very close to what the City
Manager reported of $370,000 which is not in the budget she submitted. She
would have to come back with an amendment to her budget.
Council Member Hunter. In regard to some of the part-time employees and
others who might lose their jobs, he asked what the dollar amount is.
City Manager Ruth. They are looking at approximately $250,000 for 60 days to
maintain those services - full time employees that would be going out the door
and most of the part-time hours.
Council Member Hunter. He asked if the Council can make a policy decision
that those employees continue to keep their jobs until the Council makes a
policy decision in 60 days regarding the budget.
Council Member Simpson. That would have been one of his comments. He is
going to support the recommendation because he feels they do not have an
alternative. They have no choice but to adopt the budget by a certain date.
He will support the City Manager's budget and recommendation but with the
following statement regarding the use of one-time monies. The use of one-time
monies by the City is tantamount to private citizens using their savings
account to balance their budgets. For cities, it is borrowing against the
future. The City Manager indicated that in 1994/95 the predicted shortfall
with the loss of the 2% UUT is probably 11.8 million. Add to that the number
of dollars they use to balance the budget with one-of-a-kind funds, it goes up
by that much. If they are to use 6.3 million to satisfy the total budget
446
City Hall, Anaheim, California - COUNCIL MIN~3TES - JUNE 22, 1993 - 5:00 P.M.
deficit~ it is necessary to add that 6.3 to the 11.8 that they will not have
next year.
The budget shortfall then becomes 18.1 million. He does not have any optimism
that the economy is going to turn around 18 million dollars plus. Any budget
that comes back and does not show additional cuts but relies entirely on
one-of-a-kind monies, he will not be able to support. However, as an act of
common sense, he would not lay anyone off until that time recognizing there
may be other people as well if there are deeper cuts in the budget which he
feels there will be.
Council Member Pickler. He assumes they would have to find another $250,000;
City Manager Ruth. He answered yes which he can do if it is the Council's
desire.
Mayor Daly. The City Manager will return in 60 days with at least four
strategies to keep the budget in balance with the loss of the Utility Users'
Tax revenue - reducing services, deficit spending, raising new revenues and
reducing labor costs.
Council Member Simpson moved to adopt the 1993/94 City Budget as recommended
by the City Manager. Council Member Feldhaus seconded the motion.
Before a vote was taken, Council Member Hunter stated he did not hear a third
vote on the policy that the employees discussed by Jim Ruth that they use
one-time monies allowing those employees to work the next 60 days so the
Council can make a decision on what the City Manager brings forth. A strategy
he has is that for the next year, the City Council give up its "perks" - (1)
car allowances totalling $27,000 for five Council Members for 12 months. (2)
Angel game tickets, $48,000. (3) Ram's football games, $15,000. (4) Sell the
Arena Suite, $99,000. (5) Give up going to Anaheim Stadium concerts free,
$3,000 (there were two concerts last year). (6) Mickey Thompson events at the
Stadium, $4,500. (7) Ail perks at the Convention Center, approximately
$1,000. Total - $197,000. The Council needs to set an example and give up
all those perks. They can set the example for the entire City and then start
through the list of management. There were 2,200 City employees just a few
years ago and they are now down to 1,700. Services continue to grow - there
is a need for more police, fire, park and recreation programs and more road
people. The Arena just opened requiring more services and the Council voted
today to approve the Disney/Westcot EIR and General Plan. Before he approves
the budget, he wants to start with himself.
Mayor Daly. He asked for clarification relative to the 11 layoffs that are in
the proposed balanced budget and if they are talking about adopting a balanced
budget, the discussion of deferring those layoffs and if the discussion of
deferring those layoffs is over and above the balanced budget.
City Manager Ruth. That is correct and the estimate to defer those is
approximately $250,000.
Council Member Pickler. Answering Council Member Hunter's statement, he
(Hunter) can grandstand all he wants but, in his opinion, the problem is
because Council Member Hunter reneged on the 2% UUT thereby taking revenues
away from the people he is talking about. Also, he does not believe the City
owns the Arena suite so the City could not receive money for it. He is going
along with the idea of keeping employees on until the budget is finalized but
the one-time money is something he is not going to agree to use. Before they
are through, people are going to have to go out the door and Council Member
447
City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 22, 1993 - 5:00 P.M.
Hunter 'is part of the cause of that. His suggestions for savings are a mere
fraction. He reiterated, he feels it is grandstanding and politicizing.
Council Member Hunter has said he is not going to run for Council again so he
can back away from the situations. He is an attorney so can afford what he is
willing to give up. He (Pickler) uses his tickets more for charity - the Boys
and Girls Club, YMCA, Dayle McIntosh Center, etc. Ninety-nine percent (99%)
of his tickets go to different groups that raise money for charity.
Council Member Hunter. He asked, but the Council last week did not make a
commitment, that before he voted for the UUT which is 6 million dollars for
the rest of this year and almost 10 million dollars for the next fiscal year,
that the money be earmarked for police, fire and not laying off more
employees. He did not vote yes because he would not allow the majority of the
Council who voted against the tax spend the 16 million dollars for capital
improvements in the City and not going towards services which he feels the
people want. He would like to put on the agenda those items he mentioned
totalling almost $200,000.
Mayor Daly. The Council has a budget that has been presented for
consideration and there is a motion and second to do so. If there are any
follow-up actions regarding cuts or changes, those would be appropriate but it
is time to vote on the 1993/94 Budget. On any Tuesday, the Council can bring
up spending ideas and policies.
ROLL C9T3. VOTE ON THE BUDGET WAS THEN TAKEN=
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Hunter, Pickler, Simpson, Daly
None
None
MOTION: Council Member Simpson moved that there be no layoffs until the final
budget determination is made recognizing that another $250,000 will have to be
found if the positions are to be retained in the meantime.
Before further action was taken, City Manager Ruth explained for Council
Member Feldhaus as he did the prior week the situation regarding the $220,000
figure he had previously given the Council. They went back to the budget,
looked at attrition, looked at who was going to retire and thought they could
reduce that amount. That was just for the general employees in the City. Now
they are talking about the part-time police people that are being laid off and
some of the contract services.
Dave Morgan, Assistant City Manager. The $250,000 will sustain these people
for two months; Mayor Daly. If the money is not found, it will be an
additional $250,000 expense over the next 60 days.
Council Member Hunter thereupon seconded Council Member Simpson's motion.
Before a vote was taken, City Manager Ruth clarified that it involves 11
positions with full-time hours and there are part-time hours in the Police
Department. He will come back with a balanced budget in 60 days with options
for the Council to consider in order to make a decision. He also clarified
for Council Member Hunter that he never recommended deleting any 911 Operator.
If the Council Members determine so, no one will go out the door - there will
be no layoffs.
A vote was then taken on the motion by Council Member Simpson, seconded by
Council Member Hunter that there will be no layoffs until the final
448
City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 22, 1993 - 5:00 P.M.
determination on the budget is made, by the Council. MOTION C~RRIED
UNANIMOUSLY.
ITEMS 81 - 83 FROM THE PLANNING COMMISSION MEETING OF JUNE 2t 1993
INFORMATION ONLY - APPEAL PERIOD ENDS JIFNE 24t 1993:
81. 179: CONDITIONAL USE PERMIT NO. 3195 AND NEGATIVE DECLARATION:
OWNER: Anaheim Business Center, Attn: Ken Rinker, P.O. Box 17899,
Irvine, CA 92713
AGENT: LA Cellular, Attn: Linda Paul, P.O. Box 6028, Cerritos, CA
90702
LOCATION: 333 West Cerritos Avenue (Suite 333). Property is
approximately 0.43 acre located at the terminus of Cerritos Avenue
approximately 1,088 feet west of the centerline of Anaheim Boulevard.
To permit a cellular telephone facility with a 60-foot high (previously
45-foot high) monopole tower.
ACTION TAKEN BY THE PLANNING COMMISSION:
GRANTED the modification of CUP NO. 3195 (PC93-61), approving a 60' high
monopole tower (7 yes votes).
Negative Declaration previously approved.
REPORT AND RECOMMENDATION ITEMS:
Council Member Daly posed questions relative to the subject which were
answered by the Zoning Administrator Annika Santalahti.
No action was taken by the Council.
82. 179: NUNC PRO TUNC FOR ORDINANCE NO. 5366 - AS ADOPTED BY THE CITY
COUNCIL ON MAY 4, 1993 - PERTAINING TO SIGNAGE IN RESIDENTIAL ZONES:
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended adoption to the City Council (6 yes votes, 1 no vote).
Council Member Simpson offered Ordinance No. 5383 for first reading.
ORDINANCE NO. 5383: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE
NO. 5366, AS ADOPTED BY CITY COUNCIL ON MAY 4, 1993, NUNC PRO TUNC.
83. 134: ORANGE COUNTY GENERAL SERVICES AGENCY - REQUEST TO DETERMINE
'CONFORMANCE WITH THE GENERAL PLAN FOR THE PROPOSED LEASE OF OFFICE SPACE FOR A
RECORDS STORAGE FACILITY:
REQUESTED BY: Orange County Services Agency, Attn: William A.
Rawlings.
LOCATION: ?r0perty is 10cared at 2120 East Howell Avenue.
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined the lease to be in conformance with the General Plan.
END OF THE PLANNING COMMISSION ITEMS.
ITEM 84 FROM THE ZONING ADMINISTRATOR MEETING OF JUNE 10, 1993~
DECISION DATEs JUNE 14t 1993 INFORMATION ONLY - APPEAL PERIOD ENDS JUNE 29~
1993~
84. 179: VARIANCE NO. 4184 - REQUEST FOR ONE-YEAR TIME EXTENSION TO COMPLY
WITH CONDITIONS OF APPROVAL:
449
City Hall, Anaheim, California - COUNCIL MINUTES - JLrNE 22, 1993 - 5:00 P.M.
REQUESTED BY: Robert Williamson, C/O Williamson Enterprises, 3450 East
La Palma Avenue, Anaheim, CA 92806
LOCATION: 6801 East Avenida De Santiago.
Petitioner requests a one-year extension of time to comply with
conditions of approval. Variance No. 4184 is for waiver of maximum
structural height to permit a 38-foot high single-family residence.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Request for extension of time on Variance No. 4184 GRANTED, to expire
June 11, 1994.
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.
Mayor Daly. Before proceeding, he asked how many wished to speak on public
hearing Items D2 through D5, formation of the undergrounding facilities
District No. 6, 7, 8 and 9; since only one person indicated they wished to
speak, he stated with Council's approval he would like to consider those
public hearing items first noting that there are a large number of people to
speak on Item D1 which may take some time.
By General Council consensus, it was determined that Items D2 through D5 would
be considered first.
Answering the Mayor, City Attorney White explained that Items D2 through D5
could be heared together but actions would require separate votes and on any
testimony given that the speaker indicate on which items he/she was speaking.
D2. 175: PUBLIC HEARING - FORMATION OF UNDERGROUND DISTRICT NO. 6 STATE
COLLEGE BOULEVARD/ORANGEWOOD AVENUE:
Underground District No. 6 is being created to provide for the
undergrounding of all overhead utilities to take place in accordance
with the Public Utilities Department's Conversion Program Five-Year Plan
which was approved by the Public Utilities Board and City Council in
December, 1992.
UNDERGROUND DISTRICT NO. 6 - LOCATION: State College Boulevard from
approximately 800 feet north to approximately 500 feet south of the
intersection with Orangewood Avenue, and on Orangewood Avenue from
approximately 700 feet west to approximately 1,000 feet east of its
intersection with - State College Boulevard
D3. 175: PUBLIC HEARING - FORMATION OF UNDERGROUND DISTRICT NO. 7 COMMERCIAL
RECREATION AREA - PHASE 2:
Underground District No. 7 is being created to provide for the
undergrounding of all overhead utilities to take place in accordance
with the Public Utilities Department's Conversion Program Five-Year Plan
which was approved by the Public Utilities Board and City Council in
December, 1992.
UNDERGROUND DISTRICT NO. 7 - LOCATION: Harbor Boulevard from
approximately 100 feet north of Katella Avenue for a distance of
approximately 3,600 feet towards I-5, and for approximately 1,500 feet
along Freedman Way and approximately 600 feet along Manchester Avenue
from their respective intersections with Harbor Boulevard.
450
City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 22, 1993 - 5:00 P.M.
D4. 175: PUBLIC HEARING - FORMATION OF UNDERGROUND DISTRICT NO. 8 SANTA ANA
CANYON ROAD - PHASE 1:
Underground District No. 8 is being created to provide for the
undergrounding of all overhead utilities to take place in accordance
with the Public Utilities Department's Conversion Program Five-Year Plan
which was approved by the Public Utilities Board and City Council in
December, 1992.
UNDERGROUND DISTRICT NO. 8 - LOCATION: Santa Ana Canyon Road east of
its intersection with Imperial Highway for approximately 2,800 feet, and
Imperial Highway for approximately 1,400 feet from its intersection with
Santa Ana Canyon Road.
D5. 175: PUBLIC HEARING - FORMATION OF UNDERGROUND DISTRICT NO. 9 EAST
STREET - PHASE 1:
Underground District No. 9 is being created to provide for the
undergrounding of all overhead utilities to take place in accordance
with the Public Utilities Department's Conversion Program Five-Year Plan
which was approved by the Public Utilities Board and City Council in
December, 1992.
UNDERGROUND DISTRICT NO. 9 - LOCATION: East Street from approximately
100 feet north of its intersection with Lincoln Avenue to approximately
200 feet south of its intersection with Broadway Avenue.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - June 10, 1993
Mailing to property owners within 300 feet - June 8, 1993
Posting of property - June 9, 1993
STAFF INPUT:
Submitted were reports dated June 22, 1993 (on all the subject proposed
districts) from the Public Utilities General Manager Ed Aghjayan recommending
creation of the four districts (6, 7, 8 and 9).
Mr. Brian Brady, Assistant General Manager, Electric Service. He briefed the
information contained in the staff reports relative to location of each of the
proposed districts. In concluding, he noted that all of the proposed
underground districts are included in the Public Utilities Department
Underground Conversion Program Five-Year Plan approved by the Public Utilities
Board and subsequently the City Council in December, 1992.
Mayor Daly then opened the public hearing asking for any testimony on the four
proposed Underground Districts 6, 7, 8 and 9.
Jeff Kirsch, 2661 W. Palais, Anaheim. As he has in the past, he is again
stating his opposition t0 the ¢0ntinuance of the undergrounding program which
he feels can either be deferred or reevaluated. In his opinion, this project
is purely cosmetic and does not provide more access to electricity, ease in
delivery of electricity and does not reduce the cost to the rate payers. The
areas selected are in limited commercial districts. The previous philosophy
on paying for undergrounding was to have benefit assessment districts or
something similar and now the cost instead is being passed against all rate
payers. Commercial districts are areas that citizens go to to patronize
different stores and not whether there are power lines looming overhead. The
C-R Area is a separate situation. That should be financed through assessments
directly to the people who benefit. This program does not do that, but
spreads the cost to all rate payers. He does not feel that is correct.
451
City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 22, 1993 - 5:00 P.M.
COUNCIL-ACTION: There being no further persons who wished to speak on either
Districts 6, 7, 8 or 9, Mayor Daly closed the public hearing.
Council Member Pickler offered Resolution No. 93R-138 for adoption, creating
Underground District No. 6 (State College Boulevard-Orangewood Avenue). Refer
to Resolution Book.
RESOLUTION NO. 93R-138: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM CREATING UNDERGROUND DISTRICT NO. 6 (STATE COLLEGE
BOULEVARD/ORANGEWOOD AVENUE).
Roll Call Vote on Resolution No. 93R-138 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Hunter, Pickler, Simpson, Daly
None
None
The Mayor declared Resolution No. 93R-138 duly passed and adopted.
Council Member Daly offered Resolution No. 93R-139 for adoption, creating
Underground District No. 7 (Commercial Recreation Area - Phase 2). Refer to
Resolution Book.
RESOLUTION NO. 93R-139: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM CREATING UNDERGROUND DISTRICT NO. 7 (COMMERCIAL RECREATION AREA -
PHASE 2).
Roll Call Vote on Resolution No. 93R-139 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Hunter, Pickler, Simpson, Daly
None
None
The Mayor declared Resolution No. 93R-139 duly passed and adopted.
Council Member Daly offered Resolution No. 93R-140 for adoption, creating
Underground District No. 8 (Santa Ana Canyon Road - Phase 1). Refer to
Resolution Book.
RESOLUTION NO. 93R-140: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM CREATING UNDERGROUND DISTRICT NO. 8 (SANTA ANA CANYON ROAD - PHASE I).
Roll Call Vote on Resolution No. 93R-140 for adoption:
AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 93R-140 duly passed and adopted.
Council Member Daly offered Resolution No. 93R-141 for adoption, creating
Underground District No. 9 (East Street - Phase 1). Refer to Resolution Book.
RESOLUTION NO. 93R-141: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM CREATING UNDERGROUND DISTRICT NO. 9 (EAST STREET - PHASE I).
452
City Ball, Anaheim, California - COUNCIL MINUTES - JUNE 22, 1993 - 5=00 P.M.
Roll C&ll Vote on Resolution No. 93R-141 for adoptions
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Hunter, Pickler, Simpson, Daly
None
None
The Mayor declared Resolution No. 93R-141 duly passed and adopted.
D1. 179: CONTINUED PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, CONDITIONAL
USE PERMIT NO. 3581 AND NEGATIVE DECLARATION:
OWNER: Hutton Development Company, 201 E. Sandpointe, Ste. 300, Santa
Ana, CA 92707-8707
AGENT: Reeves Assoc. Architects, Inc., Attn: Lawrence C. Reeves,
417 South Hill Street, Ste. 1100, Los Angeles, CA 90013
LOCATION/REQUEST: The property is located at 8205 E. Santa Ana Canyon
Road and is approximately 3.34 acres on the north side of Santa Ana
Canyon Road and approximately 1050 feet west of the centerline of Weir
Canyon Road. The request is to permit an automotive repair facility
including the retail sale and installation of automobile parts and
accessories with waivers of (A) minimum setback adjacent to a freeway,
(B) permitted freestanding sign, (C) permitted wall signs and (D)
permitted roof-mounted equipment.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3581 GRANTED (PC93-24) with nine added conditions (6 yes votes,
and 1 no vote.
Waiver of code requirement APPROVED, IN PART, waivers A, B and D
GRANTED, and waiver C DENIED.
Approved Negative Declaration.
HEARING SET ON: A review of the Planning Commission's decision was requested
by Council Members Daly and Pickler at the meeting of March 16, 1993, and
public hearing scheduled April 20, 1993. Just prior to the April 20, 1993
hearing, the applicant requested a continuance of the public hearing.
However, because many people were present on the item who wished to speak, the
public hearing was opened and testimony taken (see minutes of April 20, 1993)
at the conclusion of which, the public hearing was continued to May 18, 1993.
At the meeting of May 11, 1993, a request was received from Farano & Kieviet,
Attorneys for the Medical Center, to reschedule the hearing to another date.
At the Council meeting of May 18, 1993, the Council reaffirmed continuation of
the subject public hearing to Tuesday, June 22, 1993. As a courtesy, an
additional public hearing notice was sent announcing the reschedule date of
the continued public hearing.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - April 8, 1993
Mailing to Dr0Derty owners within 300 feet - ADril 8, 1993
Posting of property - April 9, 1993
PLANNING STAFF INPUT:
Greg Hastings, Zoning Division Manager. He gave a brief summary of the
proposal as outlined in the staff report to the Planning Commission dated
February 22, 1993.
Mayor Daly reopened the public hearing, asking first to hear from the
developer/applicant of the project to make a presentation.
453
City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 22, 1993 - 5:00 P.M.
Mr. A1 Meloro, National Director of Site Development, Pep Boys. He has 13
items he would like to discuss and would also like to bring other people to
the podium during his presentation. He first gave the background of Pep Boys
which was incorporated in 1921 explaining what they do and sell. He
emphasized during his presentation that in their business, there is no engine
or transmission removal, assembly, disassembly, auto body work, putty work or
painting. The service work encompasses the items they sell at retail. No
second hand merchandise is displayed or sold. Ail the parts that are removed
will be enclosed inside the building. The facility will employ 40 to 42
people representing new jobs. On any car pulled into their service area or
lot for which they cannot acquire a part, that car will be pulled inside the
service department that evening. They are committed to serving the public as
well as to recycling. They accept waste oil at no cost. As to the question -
is there a need for Pep Boys, working from a map of the area, he showed where
their major competition is located. They are looking at a site that will
generate approximately 4 million dollars in taxable revenue. They do
extensive demographic studies when siting their facilities. He explained the
extent of the detail of the study they made. He maintained the study
reflected the need for a Pep Boys in this area. He then introduced
Steve Sheldon, who will give information on the support received relating to
the proposed facility.
Steve Sheldon. He personally spoke with twelve of the thirteen merchants
adjacent to the property. Each signed a letter to the Council and Mayor in
support, the number one reason being they felt it would help their business.
The property is presently a vacant lot and it is questionable as to when it
would be developed. He also went door to door soliciting signatures and
received nearly 1,000 signatures supporting Pep Boys because of the need for
an auto parts store in the community. There is a diversity of support among
men, women and many people who want the project who felt it was good land use.
They also cited the principle of property rights. He has letters for the
Mayor and a letter from the president of a local homeowners association,
Sycamore Canyon of East Hills, adjoining where the property is going to be.
Their president is Tim Leach, and he supports the project as well as local
realtors and others.
A1 Meloro. Efforts were made to meet with the hospital since they are
opposing the application. After having read a letter sent to Hutton
Development by Jeff Farano, they made telephone contact and went to the
medical office plaza and met with Gary Baxter on April 15 and on May 18 with
.Bob Sloane, Chris VanGorder and Floyd and Jeff Farano to see if they could
work something out. He again called Mr. Sloane and VanGorder on June 18.
Mr. Sloane's comments were short and to the point - "I do not care to talk to
you." Mr. Meloro then introduced Murray Reeves, the architect for the project.
Murray Reeves, Reeves Associates, Project Architect. He gave a brief history
on how they got to where they are today. Working from a diagram and rendering
of the project, he explained the initial orientation of the building and how
after the Planning Commission hearing because of concerns expressed, the
building was reoriented after completely redesigning the site. He then
briefed the mitigation measures taken relative to the concerns expressed
regarding roof mounted equipment, service bays, etc.
A1 Meloro. At present, there are 74 employees that work for Pep Boys who live
in the City. There would be well over 150 people present this evening but he
asked them not to come. It is not a case of political issues but a case of
facts. The Planning staff has approved the CUP with conditions. They agree
with and abide by those conditions. The Planning Commission has approved the
454
City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 22, 1993 - 5:00 P.M.
application. The parking exceeds recommendations. Building design is
appropriate for the area. There is screened equipment on the roof.
Landscaping is in double compliance with the code. There is no evidence this
project will have any effect on the environment. The building is very
attractive. There was a comment made relative to crime at the last meeting.
They close their stores at 9:00 p.m. If the City desires, they will leave
their lights on all night or until 12:00 p.m. Another comment was they do not
want the use; the map shown and the demographics refute that comment. It will
also not be bad for the community since it will generate 43 jobs and provide a
4 million dollar tax base. He then introduced their sound consultant.
Jack Purcell, President and principal Consultant, Purcell and Noble Associates
- Consultants in acoustics. He has visited the site on two separate
occasions. He explained what he observed and briefed the results of his
study. The noise levels observed on the proposed site, while they did not
actually conduct any measurements at the adjacent site, would be equal to that
of Pep Boys because of the parallel freeway. The noise levels range between
60 to 65 db (decibels) continuously throughout the day as a result of the
freeway noise. The service area activities measured on other Pep Boys
facilities produce 60 to 65 db approximately 20 feet away from the back of the
service division. When air driven power tools are used, those sound levels
will increase moderately to levels of 80 to 85 db. After a further
explanation, he stated the bottom line is that any occupant of the medical
center standing at the window looking east out of the medical facility would
not be aware of any noise being generated by this facility.
A1 Meloro. He then addressed the issues raised of being able to see the cars
that are serviced, smells permeating from the business, and people working on
their automobiles. After speaking to those issues, he stated they have
discouraged people working on their cars and have taught their managers
through courses how to deal with the problem. They will be placing cameras on
the roof to monitor this facility, posting signs (which he displayed) inside
and outside with the City's rules and the regulations cited in AMC Section
18.44, and playing a tape, which he played, in all their stores in the City
intended to discourage or eliminate the problem. He ended stating that the
Council should approve this application this evening.
Mayor Daly then asked to hear from anyone else who wished to speak in favor
but with new information not included in the foregoing presentation.
Mike Karcher, Carl's Jr. Restaurant. It has been a long time since there has
been a developer for the property. In Pep Boys, they have a successful,
willing company. If this project is not approved, he questioned when another
user will come along like Pep Boys. In this economic environment, it is
necessary to take that into consideration. It is an asset that is needed in
the surrounding community and it will generate taxes.
The following people then spoke in opposition to the proposed project:
Mr. Bob Sloane, President and Chief Executive Officer, Anaheim Memorial
Hospital, 1111 W. La Palma, Anaheim. He gave an extensive and detailed
presentation first elaborating on the hosptal's 35 years of contribution to
the community as a major health care facility and subsequently with their
decision in 1988 to provide access to health care to the residents in Anaheim
Hills and surrounding communities through their medical plaza which recently
opened. Their requirement was to locate where there would be reasonable
assurance of appropriate surrounding land use. They paid 4.5 million dollars
for the 6 acres on which the medical facility stands which is in the scenic
455
City Hall, Anaheimt California - COUNCIL MI .N~TES - JUNE 22, 1993 - 5:00 P.M.
corridor. The facility was built at a cost of 10 million dollars. It is a
landmark building for the eastern corridor of Anaheim. They have already been
told by some doctors planning to move into the building they would quite
possibly change their minds if an auto repair facility was built next to the
medical facility. He then elaborated upon their concerns with the proposed
project in relation to the medical facility emphasizing that they are not
against Pep Boys but against the incompatibility of that use being next door
to theirs. The measures that Pep Boys have taken do not satisy even their
most basic compatibility requirements.
In concluding, Mr. $1oane reiterated they have invested in the community and
the community's health for 35 years, spent more than 14 million dollars to buy
and build in Anaheim Hills, were given assurance by Hutton Development prior
to buying that only compatible businesses would be located next to them and
recognizing their position as a major employer, they would suffer financially
if the application is approved. He urged the Council not to approve the CUP
to allow the facility to be built next to theirs.
Floyd Farano, Attorney, Farano & Kieviet, 2100 S. State College Blvd.,
representing Anaheim Memorial Hospital. He first reviewed the application
working from the posted plot plan of the project. He reported that every Pep
Boy's installation in Orange County is located on a primary or major arterial
- this one is not. It has a private road leading to it. It is a traffic
problem from the standpoint of the hospital as it stands now and will be
developed in the future. They are not going to get the visibility and there
will be more signs. It is a retail facility with an ll-bay car repair garage
130 feet long and 32 feet high. Mr. Farano's extensive presentation included
the following major areas of concern of Anaheim Memorial Hospital. Slides
were also shown and photographs submitted, (made a part of the record) which
he maintained substantiated the concerns expressed and were evidence in
opposition to the statements and promises previously made by Pep Boys:
Customers and employees doing car repairs, cars left over night,
litter, possible expansion of the business to include heavy
automobile transmission and engine repairs, the loading dock on
the west side of the building provides for a 55 foot truck which
with the turning radius will just barely make it to back into the
dock, the potential of trucks being left overnight. Further,
based upon studies done by Gobar Associates, the store will do
between 4 and 5 million dollars, approximately 2 to 2.5 million of
which will be taxable revenue. The rest of it will be non-taxable
revenue. What the city is going to get out of it amounts to
$29,421. The allocated cost to service the facility in accordance
with Anaheim's cost of service figures will be $26,950 for a total
net benefit to the City of $2,471. They are going to get a
downgraded profile in the hill and canyon area and a circumstance
that is a detriment to a 14 million dollar development. (He also
submitted a transcription of statements made in opposition to the
project by Father Gabriel Ashe and Dr. Howard Emery at the
April 20, 1993 City Council meeting - also made a part of the
record.)
In summation, the proposed project is not one that is consistent with good
health care. Anaheim Memorial Hospital has built and is maintaining a
facility which is a service to the community, but in order to be successful,
it needs not only the inward workings of the hospital and medical staff and
the doctors themselves, but also a third ingredient, attitude and
surroundings. This property is not the correct place for the Pep Boys facility.
456
City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 22, 1993 - 5:00 P.M.
Gary Ca'lin, Environmental Consultant, 3672 Pine Street, Irvine, President,
Geo Remediation. He was retained by Anaheim Memorial Hospital to discuss the
environmental conditions which should be considered in evaluating a response
to the proposed facility. He explained the results of his findings. (1)
Pep Boys uses a series of refined chemical liquids and inhabitants of the area
will be exposed to such compounds representing an example of incompatible
usage with a health care facility. (2) It is a potential source of air borne
chemicals. (3) Pep Boys has been cited at three facilities in California for
creating subsurface contamination due to leakage or mishandling of liquid
chemicals. He also stated it is his understanding that Pep Boys intends to
utilize state-of-the-art facilities that will preclude this from occuring at
the proposed facility. (Mr. Carlin then expressed concern over the human
handling factor associated with the chemicals.) (4) In addition to the three
Pep Boys facilities which have caused environmental problems in Southern
California, it is his understanding that other similar facilities owned and
operated by both national and local chains are responsible for more than 100
instances of environmental contamination - Firestone, Econo Lube and Tune,
Aamco, Tune-up Masters, JCPenneys, etc.
The following people also spoke in opposition each expressing their particular
concerns and emphasizing what they consider the incompatibility of the
proposed use with the existing medical facility and the detriment it would
cause to that facility:
Denise Hartman Mitchell
Carolyn Paget, 741 Carriage Circle
Dr. Howard Emery
Tim Carmack, Vice President of Finance/AMH
Reverend Gabriel Asche, Pastor, Saint Lukes Orthodox Church, Garden
Grove
At the conclusion of testimony in opposition, Mr. Farano also submitted
petitions with 100 signatures of those who are against the application.
Mayor Daly. He then asked to hear from the applicant at this time limiting
his comments only to rebuttal.
A1 Meloro. Truck deliveries will be at 8:00 a.m. The concern about
housekeeping is a concern of theirs as well and they are working on it. There
are occasions where they do have drop trailers and it is legal to do that;
however, this facility will not have a drop trailer. He knows that the City
is going to get more than $2,400 a year in revenue as well as approximately 40
jobs. Why did the medical facility build so close to the freeway if they were
so concerned about noise. The Traffic Engineer testified that the noise level
is 65 db and up to as high as 85 db. They try to do everything to eliminate
risks to the environment. The areas shown in the photographs submitted by
Mr. Farano are different economic areas. He then briefed some of the uses
that could go into the property by right, one being a bus depot. There are
other entrances to get to the medical office building other than the one
stated.
Murray Reeves. There was a discussion about potential traffic problems
regarding the main entrance to the site. They presented a chart to the City
Traffic Engineer (the one which he displayed), and discussed whether or not
the Traffic Engineer wanted a separate traffic study. They volunteered to do
that. The Traffic Engineer said he did not believe there would be any traffic
problems generated by any of the facilities. Consequently, he does not
believe there will be a problem.
457
City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 22, 1993 - 5:00 P.M.
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
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-142 for adoption, granting
Conditional Use Permit No. 3581 subject to City Planning Commission conditions
and findings. Refer to Resolution Book.
RESOLUTION NO. 93R-142: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3581.
Before a vote was taken, Council Member Pickler noted during the presentation
by the applicant, there was an offer to do certain things which he is asking
the applicant to stipulate to such as:
That lights remain on 24 hours a day, that there will be signs and
a tape recording to prohibit outside service and repair of
vehicles, hiring and maintaining a security officer to patrol the
parking lot during business hours prohibiting such service or
repair of vehicles by customers or other persons except within
approved service space, that parking areas shall be gated or
otherwise secured to prevent access except during the time that
Pep Boys is open for business, etc. These measures might help
alleviate some of the concerns raised.
Council Member Hunter. He will incorporate those in his offering of the
resolution and also that truck deliveries will be before 8:00 a.m.; Council
Member Pickler stated between 8:00 a.m. and 10:00 a.m.
Council Member Pickler. He heard the concerns of Anaheim Memorial Hospital.
He feels this is a project that can be compatible and will not be detrimental
if they make certain the business is maintained and clean. This is a CUP
which can be revoked for cause.
Mayor Daly. He expressed his disappointment that the evolution of this
19 acre commercial site has almost led to an inevitable conflict among the
uses on the site. It has been carved up into at least six different parcels.
Development has occured year by year without true consideration of the impacts
of one project on the next. Part of this is a sequencing issue. There is
something about it that does not work very well. The community of Anaheim has
an investment in Anaheim Memorial Hospital beyond the normal business or even
the normal non-profit enterprise. He feels they have a responsibility to see
that leading non-profit hospital and medical facilities grow and prosper in
the community. Pep Boys may well be a compatible use in the center. However,
because of the layout of the center, the very difficult access the medical
office and Pep Boys will share and the difficult circulation throughout the
property, he is inclined to oppose this particular CUP. He is also concerned
with the enforcement aspects. One of the conditions is that a Code
Enforcement person make inspections of the property every other week. It is
appropriate, but it is going to cost the City money. There are many
businesses which do not require that type of vigilance. Pep Boys has gone to
lengths to extend the normal auto repair operation. He feels other steps
458
City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 22, 1993 - 5:00 P.M.
could be taken in terms of noise mitigation. He sees the traffic circulation
in the area getting worse. He will be opposing the CUP.
A vote was then taken on the foregoing resolution offered by Council Member
Hunter, including the additional stipulations/conditions as discussed.
Roll Call Vote on Resolution No. 93R-142 for adoptions
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Hunter, Pickler
Simpson, Daly
None
The Mayor declared Resolution No. 93R-142 duly passed and adopted.
ADJOURNMENT: By General Consent the Council Meeting of June 22, 1993 was
adjourned. (9:15 p.m.)
LEONORA N. $OHL, CITY CLERK
459