1993/09/21City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 21, 1993 - 5.'00 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Feldhaus, Hunter (entered during Closed
Session), Pickler, Simpson, Daly
COUNCIL MEMBERS: None
ASSISTANT CITY MANAGER: Dave Morgan
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ASSISTANT CITY CLERK: Ann M. Sauvageau
DEPUTY CITY MANAGER: Tom Wood
STREETS AND SANITATION MANAGER: Doris Roush
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich
PROPERTY SERVICE MANAGER: Robert ZurSchmiede
UTILITIES ASSISTANT GENERAL MANAGER-FIN. & ADMIN.: Darrell Ament
CONVENTION CENTER GENERAL MANAGER: Lynn Thompson
TRAFFIC AND TRANSPORTATION MANAGER: John Lower
ZONING DIVISION MANAGER: Greg Hastings
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:25 p.m. on September 17, 1993 at the Civic Center kiosk,
containing all items as shown herein.
Mayor Daly called the workshop portion of the meeting of September 21, 1993 to
order at 3:10 p.m., all Council Members being present with the exception of
Council Member Hunter.
132: SOLID WAST~:
Deputy City Manager/Director of Maintenance, Tom Wood. Today's workshop is to
discuss a revised schedule of fees for solid waste collection disposal, sewer
maintenance and street cleaning services for the City. The proposed rate
adjustments will increase customer sanitation fees by $1.36 per month for a
typical homeowner. This breaks down to $1.26 for solid waste, .7¢ for street
cleaning and .3¢ for sewer maintenance. He then briefed a chart (slide shown)
depicting the draw down, how they have been reducing fund reserves for the
last three years, what will happen without a rate adjustment, etc. (See hard
copy of the slides - Solid Waste Portion of Sanitation Fund, Cumulative Net
Gain/(loss) FY 1989/90 through 2000/2001 and Cumulative Net Gain/(loss) FY
1993 through 2000/2001 -made a part of the record). The largest component of
the sanitation fund involves solid waste collection and disposal. Anaheim has
been well served by Taoz~nina Industries for many years as the City's franchise
hauler. To provide background on the solid waste business, he introduced
Vines Taormina.
Vince Taormina, Anaheim Disposal. He first introduced members of his staff as
well as Executive Vice Presidents, Rick Collette and Tom Vode, Bill Taormina,
Chairman of the Board and Dave Ault, President, who will give a presentation.
Dave Ault, President, Anaheim Disposal. He narrated a slide presentation,
hard copies of which were contained in a booklet submitted - Recycle Anaheim -
A Cost and System Evaluation prepared for the City of Anaheim by Anaheim
Disposal - August, 1993 (made a part of the record). He briefed each of the
documents regarding past rate components, current rate components and future
rate components, gave a chronological history of solid waste management in the
City from December, 1988 through August, 1993, gave a thorough rate analysis
and rate history regarding residential single-family rates, a history of the
residential rate recycle income since the program started and what is expected
to happen to that income which has decreased dramatically since 1988 and
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City Hall, Anaheimt California - COUNCIL MINUTES - SEPTEMBER 21, 1993 - 5'.00 P.M.
finally Anaheim's favorable rate comparisons with surrounding cities. A major
factor in the historical overview showed that in June, 1991 when the County of
Orange again increased their landfill disposal rate to a new rate of $22.75,
in three years, landfill rates had increased from $6 to $22.75 for a total
increase of 279.17% in that period.
During his presentation, he noted that there has been no residential single-
family rate adjustment for 30 months. The new proposed rates will be an
increase from $10.99 to $12.25 representing a $1.26 adjustment - .92¢ lessened
credit due to downturn in recycling markets, .21¢ for disposal of trash
(weight) at County of Orange landfill and .13¢ for net CPI adjustments for
Anaheim Disposal. The largest component change in the rate adjustment, .92¢,
is not actually a rate increase, but an adjustment to a credit given by the
City from the revenue they anticipated receiving from recyclables to the
single-family residential.
Tom Wood. The staff report and recommendation will be submitted to the
Council for their meeting September 28, 1993. Looking to the future, sometime
in the next month or two months, a restated franchise agreement will be before
the Council. He also reported that in 1995, the 25% requirement in waste
reduction mandated by AB939 will be a reality, beginning in 1996/97 they have
to have adequate reserves to replace solid waste collection trucks, and in the
year 2000, the 50% waste reduction will have to be met. He then introduced
staff who are present today, Doris Roush, Streets and Sanitation Manager, Rod
Hallock, Maintenance Superintendent/Sanitation and Linda Hicks, Staff Analyst.
Council Members then posed questions which were answered by Vince Taormina,
Doris Roush and Tom Wood regarding the decrease in the revenue for recycled
products, the schedule for future rate adjustments, the escalating county
landfill rates, etc. Mr. Taormina stated he felt the recycling market had
bottomed out and he did not think it could go any lower.
At the conclusion of the workshop, Mayor Daly expressed the Council's
appreciation for the time and effort by both staff and the principals of
Anaheim Disposal in making the very informative presentation.
RECESS - CLOSED SESSION: City Attorney Jack White requested a Closed Session
to consider the following items:
a. To confer with its Attorney regarding pending
litigation pursuant to Government Code Section
54956.9(a) to wit.'
Golden West Baseball Co. vs. City of Anaheim, Orange
County Superior Court Case No. 40-92-46; Anaheim
Stadium Associates vs. City of Anaheim, et al.,
Orange County Superior Court Case No. 44-81-74.
b. To meet with the City's Real Property Negotiator
concerning acquisition or disposition of certain
real property interests for property located
generally at Ball Road and the 57 Freeway owned by
Simon & Gloria Fluor Trust, Roger and Ruth Miller,
lessees.
c. To meet with and give directions to its authorized
representative regarding labor relations matters -
Government Code Section 54957.6.
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City Hall, Anaheimr California - COUNCIL MINUTES - SEPTEMBER 21, 1993 - 5:00 P.M.
d. To consider and take possible action upon personnel
matters pursuant to Government Code Section 54957.
e. To confer with its attorney regarding potential
litigation pursuant to Government Code Section
54956.9(b)(1).
f. To consider and take possible action upon such other
matters as are orally announced by the City
Attorney, City Manager, or City Council prior to
such recess unless the motion to recess indicates
any of the matters will not be considered in closed
session.
MOTION: Council Member Daly moved to recess into Closed Session, Council
Member Pickler seconded the motion. Council Member Hunter was absent. MOTION
CARRIED. (3:35 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.
(5:17 p.m. ).
INVOCATION.' Pastor Keith Kettenring, Calvary Baptist Church, gave the
invocation.
FLAG SALUTE: Council Member Irv Pickler led the assembly in the Pledge of
Allegiance to the Flag.
119: PReSeNTaTION - R~COGNIZING WARREN B. HAWLEY FOR HIS SERVIC~ ON THE
ANAHEIM SENI. OR ¢.I.T~ZEN COMMISSION:
Mayor Daly presented Mr. Hawley with a plaque commending him for his three
years of service on the Senior Citizen Commission. The Mayor and Council
Members thanked him for his service to the community.
119: PRESENTATION - RECOGNIZING VINCE AND BILL TAORMINA - RECIPIENTS OF THE
SOLID WASTE ASSOCIATION OF NORTH AMERICA AWARD:
Deputy City Manager, Tom Wood noted that the Solid Waste Association of North
America each year recognizes the efforts of individuals, municipalities,
interest groups and corporations for their outstanding recycling efforts
throughout the nation. This year, Taormina Industries has been recognized for
the outstanding recycling prograzn it has develoL~ed in conjunction with the
citizens of Anaheim and have received top honors in the recycling awards
Dr0~ram.
Mayor Daly presented the trophies that were awarded to Bill and Vince Taormina
and along with Council Members, congratulated them on receiving such a
prestigious award.
Bill Taormina, Chairman o~ the Board stated that the credit goes to the
275,000 citizens of Anaheim and the 25,000 businesses. They made the effort
~o make the recycling program a success. He also thanked his staff and City
staff who also made the award possible.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was
unanimously adopted by the City Council and presented to Gloria Lee, President
of the Loara High School Key Club, accompanied by three other students,
recognizing Loara for receiving 2nd Place in international competition
reflecting their outstanding involvement in many City community programs.
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City Hall, Anaheimr California - COUNCIL MINUTES - SEPTEMBER 21~ 1993 - 5=00 P.M.
Mayor Daly and Council Members personally congratulated the students; Mayor
Daly noted that the Kiwanis Club of Greater Anaheim is the sponsor of the
Loara High School Key Club and Council Members Pickler and Feldhaus are
members of that club.
Council Member Pickler noted that not only do they sponsor Loara, but also a
total of five schools in the City.
119.' PROCLAMATION: The following proclamation was issued by Mayor Daly and
authorized by the City Council:
Recognizing Rideshare Week, in Anaheim, October 4-8, 1993
Kathleen Reavis and Diana Kotler from the City's Commuter Services Division
accepted the proclamation. Ms. Reavis gave the details of the rideshare week
program and urged all to attend the activities planned and further thanked the
companies who are sponsoring the program.
119: TH~ FOL~0WI~G WERE RECOGNITIONS AUTHORIZED BY THE CITY COUNCIL THIS DATE
TO BE MAILED OR PReSENTeD AT ANOTHER TIME:
Recognizing N&tional Physical Therapy Month, in Anaheim, October, 1993
Recognizing Escrow Month, in Anaheim, October, 1993
Recognizing Reverend Don Dexter for his contributions to the
Community Services Board.
Recognizing Race for the Cure Day, in Anaheim, September 26, 1993
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,876,868.51 for the
period ending September 17, 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: 35 p.m. )
Mayor Daly reconvened the City Council meeting. (5:36 p.m. )
ITEMS OF PUBLIC INTEREST:
Sharon Ericson, President, AMEA (Anaheim Municipal Employees Association).
She referred to the letter of September 9, 1993 from the City Manager's Office
sent to all employees in City Hall East and West, re: Compressed Work Week
Task Force Update. She believes the Council also received a letter discussing
the 4/10 Compressed Work Week Schedule which would have closed the two City
Halls on Fridays. The main reason it was proposed according to the City
Engineer was to meet AQMD (Air Quality Management District) Regulation 15.
The letter stated due to concerns raised by AMEA and comments by AQMD, an
alternate recommendation is being presented to the Council which proposes the
implementation of a synchronized 9/80 Compressed Work Week with City Halls
being closed every other Friday, again because of AQMD Regulation 15. The
information AMEA took to the City Manager and a subsequent phone call between
the City Manager, Assistant City Manager, City Engineer, Commuter Services and
AMEA was that the City is in compliance. The City will not be fined whether
they meet target or not if the City is making a good faith effort. She has a
copy of the letter they sent to AQMD and a copy of the response. The original
draft report listed many items that were inaccurate. She reiterated, the City
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City Hallr Anaheimr California - COUNCIL MINIFTES - SEPTEMBER 21, 1993 - 5:00 P.M.
is in compliance and in no danger of being fined now or in the future as long
as there is a good faith effort being made. While AMEA is vehemently opposed
to mandatory 4/10 or 5/9 programs, they encourage and support voluntary
programs. They are tired of hearing about the issue. It is not necessary to
impact the citizens by closing City Hall. She is often told it is difficult
for departments to manage with a voluntary plan. Other businesses are able to
do so. She is beginning to wonder what the real issue is. If they close the
two City Halls, she has no doubt the citizens will be reminding City staff who
they work for.
Jeff Kirsch, 2661 W. Palais, Anaheim. There will be negative effects in
closing City Hall on Fridays, one being the availability of the City Council
agenda which now comes out on Friday. There is little time for the interested
public to obtain, digest and evaluate agenda items.
Later in the meeting at the request of the Mayor, Dave Morgan Assistant City
Manager explained, as Mrs. Ericson stated, it is the intention to bring this
matter forward to the City Council for review. They recognize it is a meet
and confer issue. No conclusion has yet been reached.
Mayor Daly noted also that nothing has yet reached the Council.
Dave Morgan. They would anticipate coming to the Council within the next one
to two months. Until they do so, they do not know what the proposal is going
to look like.
~U~LIC COMMENTS - AGENDA ITEMS:
Public input received on Items A8, Al5, A18 and A21 (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
September 21, 1993. Council Member Simpson seconded the motion. MOTION
CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member
Pickler, seconded by Council Member Hunter, 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-188 through 93R-192, both inclusive, for
adoption and offered Ordinance No. 5392 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 Miguel Del Rio for property damage sustained
purportedly due to actions of the City on or about August 1, 1993.
b. Claim submitted by Rodrigo Maciel for property damage sustained
purportedly due to actions of the City on or about August 1, 1993.
c. Claim submitted by Fern E. Maray for property damage sustained
purportedly due to actions of the City on or about July 17, 1993.
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d. Claim submitted by Pacific Bell, attn: Warren O. Booth,
Case No. BF346-0173, for property damage sustained purportedly due to
actions of the City on or about July 7, 1993.
e. Claim submitted by Southern California Gas Company, attn: Lynnette
Elie, File No. N-267503-35-MG, for property damage sustained purportedly
due to actions of the City on or about July 27, 1993.
f. Claim submitted by Virginia Thompson for property damage sustained
purportedly due to actions of the City on or about July 1, 1993.
g. Claim submitted by James E. Fields for property damage sustained
purportedly due to actions of the City on or about June 24, 1993.
h. Claim submitted by Carlos Zamora for property damage sustained
purportedly due to actions of the City on or about June 10, 1993.
i. Claim submitted by Duane K. Arlt for property damage sustained
purportedly due to actions of the City on or about August 17, 1993.
j. Claim submitted by Gerald B. Tanberg for bodily injury sustained
purportedly due to actions of the City on or about August 1, 1993.
k. Claim submitted by Ruphine L. Prell for property damage sustained
purportedly due to actions of the City on or about June 25, 1993.
A2. 105: Receiving and filing minutes of the Community Services Board
meetings held July 8, 1993, and August 12, 1993.
105: Receiving and filing minutes of the Senior Citizens Commission meeting
held August 12, 1993.
117.' Receiving and filing a Summary of Investment Transactions for the month
of August, 1993.
105: Receiving and filing minutes of the Mother Colony House Advisory Board
meeting held May 10, 1993.
A3. 140: Awarding the contract to the lowest responsible bidder, Century
Paving, Inc., in the amount of $76,113.27 for Central Library Parking Lot
Improvement; and in the event said iow bidder fails to comply with the terms
of the award, awarding the contract to the second iow bidder, as well as
waiving any irregularities in the bide of both the Iow and second iow bidders.
A4. 167: Awarding the contract to the lowest responsible bidder, Steiny and
Company, Inc., in the amount of $131,782 for SR-57 Changeable Message and
Route Guidance Sign Projeet~ and in the event gaid low bidder failg to comply
with the terms of the award, awarding the contract to the second iow bidder,
as well as waiving any irregularities in the bids of both the iow and second
iow bidders.
AS. 169: Awarding the contract to the lowest responsible bidder, Steiny and
Company, Inc., in the amount of $33,165 for Ben Franklin Enhancement Project -
Phase I; and in the event said iow 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 iow bidders.
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A6. 169: Approving a Notice of Completion of the construction of La Palma
Avenue Street Improvements from Blue Gum Street to West of SR-57 Freeway by
R.J. Noble; and authorizing the Mayor to sign and the City Clerk to file said
notice of completion.
A7. 158: RESOLUTION NO. 93R-188: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE EXECUTION OF AN EASEMENT DEED TO STATE OF
CALIFORNIA, DEPARTMENT OF TRANSPORTATION FOR A CHANGEABLE MESSAGE SIGN. (To be
located at Wagner Avenue and SR 57; and authorizing the Mayor and City Clerk
to execute the easement deed).
A8. 173: RESOLUTION NO. 93R-189: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM PROVIDING FOR ELIGIBILITY REQUIREMENTS FOR THE ANAHEIM STADIUM
RAIL STATION IMPROVEMENTS.
Authorizing the Director of Public Works to execute Uniform Transit Funding
Applications on behalf of the City for the Anaheim Stadium Rail Station.
Jeff Kirsch, 2661 W. Palais, Anaheim. He spoke on design aspects of the
station modifications which he felt posed security problems. He also
commented on the mention in the documentation of $500,000 in other City funds
and asked what those were.
John Lower, Traffic and Transportation Manager. The $500,000 is programmed by
the Orange County Transit Authority for ADA (Americans with Disabilities Act)
compliance as well as the commuter rail ticketing machines. It qualifies as a
local match. There are no additional City dollars in that application.
A9. 173: RESOLUTION NO. 93R-190: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE UNIFORM
TRANSIT FUNDING APPLICATIONS AND PROVIDING FOR OTHER ELIGIBILITY REQUIREMENTS
FOR THE ATWOOD AND ANAHEIM CANYON COMMUTER RAIL STATIONS.
Council Member Feldhaus. He noted that on page 2 of the resolution,
paragraph 5 it states, "that if the project costs exceed the State funds
available, the City shall use other funds to backfill the cost increases to
complete the project; ..." he has a problem with that.
Dave Morgan. That provision is in there to provide for the possibility that
the grant funds would not be enough. The additional funds being referred to
would come from Redevelo~nent funds.
John Low, r, Thsrs are other fundin~ Dro~rams they can Dursue if there would be
a need for additional funds to complete the project. They have been very
conservative in putting the cost estimate together. Things like a 20%
contingency of construction cost plus a 15% construction plus contingency for
contractor profit. They feel comfortable and confident that their cost
estimate is a conservative one.
Council Member Feldhaus. His frustration is that they can always find money
for these projects when needed but cannot do so to avoid laying off employees
or for hiring more police officers. He does not understand when they do find
some money they cannot utilize it for those purposes.
John Lower. Other competitive funding programs are available to apply for
should there be a need for additional funding for construction of this
project. The majority of grant applications which they are eligible to submit
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on are for specific transportation or infrastructure projects and not for
things like personnel.
(Council Member Feldhaus later voted no on this item. )
Al0. 160: Accepting the low bid and authorizing the execution of a contract
with John J. Lessman & Son, dba ABC Service, in an amount not to exceed
$114,400 for video inspection of underground storm drain facilities, in
accordance with Bid #5172.
All. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent
to issue a purchase order without competitive bidding or advertising to
Fixtures Furniture, in the amount of $76,800 for 1200 stacking chairs at
Anaheim Convention Center.
A12. 160: Authorizing the Purchasing Agent to issue a change order to John
A. Tornavacca, Inc., dba Alan Landscape Company, to alter the scope of work as
defined under Bid $5098 for the reconstruction of a green at Anaheim Hills
Golf Course.
A13. 123: Terminating the Agreement between the City of Anaheim and the
Orange County Center for Health, in the amount of $80,000 in Community
Development Block Grant (CDBG) funds for seismic improvements to a facility
located at 503 N. Anaheim Boulevard.
A14. 123: Approving a JTPA Agreement between the City of Anaheim and the
AUHSD in the amount of $61,445 for case management and instructional services
for summer youth activities through the period ending September 30, 1993.
123: Approving a JTPA Agreement with the City of Anaheim and the NOCROP in
the amount of $68,576 for case management and instructional services for
summer youth through the period ending September 30, 1993.
A15. 123: Approving an Amendment to Agreement with Elite Services,
Incorporated for a period of five years with option to renew for an additional
two years to provide floor care services at the Convention Center.
Sharon Ericson, President, AMEA. This is the contracting out of the last of
the City custodians to Elite Services. It appears AMEA has lost the battle
and the custodians will be "thrown out on the streets". She then shared a few
of the things they had been through in the last several weeks relative to this
issue which related to contract language, questions by AMEA asked of the
Convention
Convention Center management. Some of the questions related to salary,
overtime and holiday pay, the contractor's limited responsibility regarding
equipment, that cleaning products will be supplied by the Convention Center
and since no one knows what the cost of supplies will be, it is not possible
to tell what the cost of the contract will be, the contractor has had no
experience providing custodial service to a convention center, whether the
contractor will be allowed to amend the contract during the 5-year term, who
will monitor quality assurance, etc. The custodians offered to take an 18%
cut in pay with a three year salary freeze - one custodian is leaving and the
other three felt they could handle the work with help in prepping by the
part-time people. In May when discussions first started, they got the
impression that this would work but in September were told it could not be
done. The custodians cannot compete with a contractor that pays no benefits
and has little overhead. She feels it would be responsible on the Council's
part to require contractors to pay medical insurance for their employees which
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would help the County and Country with health care costs. If the City wants
to privatize, they should do so completely and responsibly and not pay for
equipment and supplies for the contractor. They will be watching the contract
closely and will report back even if one part time person is used one time to
help the contractor. The custodians have families to support and they have
tried everything possible to have them stay at least to give them a trial
period with three custodians and some part-time hours. She then referred to
Item All which proposes to purchase 12,000 stacking chairs at a cost of
$76,000 plus tax for Betterment IV. She wonders where the City's priorities
lie.
Dave Morgan, Assistant City Manager. They believe they are following Council
Policy in only pursuing privatization where it makes a clear and significant
difference in terms of cost and a non-significant impact in terms of quality
or control. To do the job internally costs approximately $150,000 and with a
contractor approximately $84,000. There is a commitment from the contractor
to hold that price for five years with the option to renew for two more. In
te~ms of supplies, if they were to do that on one side of the equation, they
would have to do it on the other side as well. Staff believes it meets the
test of being clear cut. Relative to the custodians, they will do whatever
they can to soften the blow. There is a possibility of finding them 30 hour
part-time positions within the City.
Council Member Simpson. He asked if the cost comparison also included the 18%
reduction in pay the employees were willing to take.
Dave Morgan. He answered no. They worked many hours with AMEA in a good
faith effort to see if there was some way through concessions they could bring
the numbers together. The cost of benefits alone equals approximately $6.30
an hour. Any hourly wage on top of that is in addition. The contractor is
coming in at $9.90 per hour. The 18% was going to drop the employees down
from about $12.00 to $10.00. The gap was still too large. The City's
position was that they would not have to meet the number but at least get
close. Even at 18%, it was not there.
Council Member Hunter then posed questions which were answered by Mr. Morgan
revolving around benefit dollars. He (Hunter) stated that they referred to
those as soft dollars and, in his opinion, it is an inflated number. He feels
looking at dollars to dollars, the rates would be very close.
Dave Morgan. The cost they pay for health insurance ie real money. The other
part of the benefits package is the retirement system. It is not true pay but
i~ iS definitely real money.
Council Member Hunter. He has a philosophical difference on the issue. What
will happen, the contractor is going to hire someone for $9.90 an hour
guaranteed for five years with no benefit package. Maybe that is what is
wrong with America today. They are close as far as the actual amount of base
wage they are paying for janitors and what some person is going to bring in.
The City is picking up all janitorial supplies and other than benefits, that
is the difference.
Later in the meeting before a vote was taken on the Consent Calendar wherein
this item was approved by the Council, Council Member Hunter commented if
anyone believes that custodians will be working for $9.90 an hour in 1998, for
one he cannot believe that the contractor will not be coming in in the next
five'years saying that it is necessary to increase the amount. At that time,
there will probably be five different people on the Council who will vote to
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pay more money, but now they are kicking four people out of the City. They
seem to always pick on the little guy. He feels this is a heartless move. He
is voting no on this item.
Council Member Simpson. He is also voting no.
Council Member Pickler. He is going to vote in favor. He looks at the
difference of $66,000. The Council eliminated the 2% Utility Users' Tax which
will make things even more difficult down the road. If he felt the City was
not doing something regarding these employees, he may concur but they are
trying to find slots for the three who want to stay. It is necessary to
continually cut corners and this is one way. Also, he does not think that
staff can approve increasing a contract but it is something the Council will
have to approve or disapprove.
Mayor Daly. He is interested in the quality control aspects. It is a
five-year contract with the possibility of a two-year extension. He wants to
know what types of quality control procedures they have to make sure the
maintenance is just as fine as in recent years.
Dave. Morgan. The supervision of the contractors will be the same supervision
as they now have over existing staff. It is the same level of quality control
as without the contract. They have the ability to monitor the contract on a
daily basis and the ability to ask for new employees.
Mayor Daly. He assumes they also have the ability to end the contract if City
Management staff is not satisfied with the level of maintenance.
Lynn Thompson, Convention Center General Manager. They would put the
contractor on notice that their performance is unsatisfactory. They would
rely on their good efforts to provide the kind of quality service staff would
require. The City does have the right to terminate the agreement if the
contractor fails to perform or to provide prompt, efficient and thorough
service.
At the end of Consent Calendar, this motion was adopted, with Council Members
Hunter and Simpson voting no.
A16. 113: RESOLUTION NO. 93R-191: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN
TWO YEARS OLD. (Data Processing Department. )
Al7. 133: ADDr0Driatin~ $22,000 from General Fund Gas Tax Revenues to
rebuild the storm drain sump pumps at the Katella Avenue and the Lewis Street
underpasses.
Al8. 175: Ratifying the Public Utilities General Manager's action in
executing the ballot for accepting or rejecting plans of reorganization in the
Chapter 11 Bankruptcy Case of Century Laminators, Inc., on behalf of the City
of Anaheim; and authorizing the Public Utilities General Manager to execute
necessary documents and accepting any settlement of 40% or above for the
outstanding debt.
Jeff Kirsch, 2661 W. Palais, Anaheim. The background information indicates
there is an expected 45% return on the settlement. The language in the
agreement authorizes accepting 40% or above. He asked why the 5% discount.
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Darrell Ament, Consumer Services Manager, Utilities. Answering the Mayor, he
explained that the numbers in the staff report are simply a proposal that they
had to exercise and hope to receive. The 40% vs. 45% is so they do not have
to come back again to the Council. In a bankruptcy situation, it becomes a
negotiation. This has now been referred to a judge because neither of the
options has been accepted and they are not sure what the outcome will be.
They are asking for authority to accept an offer at 40% if acceptable to the
Council. The percentage in the report is the lowest they have accepted in
previous bankruptcy situations.
Mr. Ament then answered questions posed by Mayor Daly and Council Member
Feldhaus relative to protecting themselves to preclude such situations from
recurring.
Darrell Ament. They are taking aggressive steps to monitor and watch these
large accounts closely. They are working with about 16,000
commercial-industrial accounts and in the past year there have been 80
bankruptcies. Sometimes they cannot anticipate a bankruptcy and in this case
there weren't any signals. This customer is a long-term customer. They did
not have a deposit. The customer has reorganized and they now have a $40,000
deposit from them which is twice their monthly bill. If a company is slow pay
or no pay they require a deposit.
A19. 107: ORDINANCE NO. 5392 - ADOPTION: AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING SUBSECTION .010 OF SECTION 1.01.389 OF CHAPTER 1.01 OF TITLE
1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO CODE ENFORCEMENT. (Authorizing
officers to issue citations relating to various code violations, introduced at
the meeting of September 14, 1993. )
A20. 123: Authorizing a Second Amendment to Agreement with the Community
Service Programs, Inc., (C.S.P.) in an amount not to exceed $52,597.20 for the
period of July 1, 1993 through June 30, 1994, for professional counseling
services. (Continued from the meeting of September 14, 1993, Item Al8. )
A21. 155: Approving a Mitigated Negative Declaration; and adopting
Mitigation Monitoring Plan No. 71 for Anaheim Arena Area Public Parking
Facilities.
101: ARENA:
Cynthia Wolcott, law firm, Palmieri Tyler Wiener, Wilhelm and Waldron, 2603
Main Street, Irvine. Regarding additional parking sites for the Anaheim
Arena, her firm represents Schmid Development, owner of the multi tenant
commercial Dropsrty located at 1725-1751 D0u~lass Road, referred to as the
Commercenter. (See Wolcott 7-page letter dated September 21, 1993 - Re:
Anaheim Arena Area Public Parking Facilities - made a part of the record -
parts of which were briefed in Mrs. Wolcott's presentation. ) The most
important attribute of the property is its easy accessibility to the
57 Freeway which has been seriously diminished by the traffic congestion
caused by the operation of the Arena. Acquisition of the proposed additional
parking sites will further diminish access to the 57 Freeway as well as to
gain ingress and egress to the Commercenter which she explained. She
maintained the City has not considered any of these impacts upon the
Commercenter in the expanded initial study. The City also failed in 1989 to
adequately consider the traffic impacts of the Arena. It is not corrected by
any mitigated negative declaration in connection with the acquisition of
additional parking sites. Proper planning requires that the City prepare a
subsequent EIR for circulation to the public and perform a thorough analysis
of the traffic problems facing the Arena for the purpose of arriving at a
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permanent solution. Staff originally proposed that the City acquire three
additional sites which would add approximately 1,800 additional spaces to the
already existing 4,490. Since the initial release of the study, staff
eliminated Site 1 thereby reducing available spaces by 417. Now the total
number of spaces available would be 5,883. She questions whether one or two
years from now when the Arena is operating 300 events per year whether 6,000
spaces will accommodate the parking needs of the arena. They urge the City to
perform a more thorough analysis including looking at the acquisition of
additional sites for the Arena and exploring other mitigation measures to
improve traffic flow to and from the Arena and in particular to and from the
Commercenter.
Dave Morgan, Assistant City Manager. On this item, staff is recommending that
Council only consider the environmental element and to carry forward the
remaining actions until September 28, 1993. He asked staff to speak to the
comments expressed.
Rob ZurSchmiede, Property Services Manager. Relative to the mitigated
negative declaration, he would like to review a few items, Mr. Sid Lindmark
from PBR will review the process, and Mr. John Lower will review the traffic.
The document before the Council was circulated August 3, 1993 and written
comments received until August 23, 1993. It includes three sites and street
improvements along properties considered for additional parking at the Anaheim
Arena. During that period, comments were received from four sources - (1)
Denise Jerro who indicated that owls were living on the property. This was
reviewed by a biologist who visited the site who determined there were no owls
in residence. (2) A call from Ed Glover, resident of the mobile home park
indicated a concern about vector control prior to construction activities.
Vector control is part of the mitigation monitoring program before starting
construction. (3) and (4) Caltrans letter dated August 19, 1993 and letter
dated August 23, 1993 from Cynthia Wolcott representing Schmid. The letter
did not contain a great amount of detail. Staff met with Schmid and his legal
representative on September 8 and responded in writing to some of the details
they expressed at that meeting. A copy has been provided to the Council. As
a point of clarification in the document on page 16, it indicates that the
Douglass Road street link south of Katella leading into the Stadium parking
lot was maintained as one way only during Stadium and Arena events. It goes
for that link as well as the extension to Ball Road. There is always a single
lane outbound maintained for emergency and vehicular purposes.
Specific to Schmid's concerns, they have been in a shake down period on this
65 million dollar facility and each event has met with improved access. The
Police Department has instituted a right turn lane continuous from the end of
the freeway off ramp turning southerly onto Douglass Road. They also have
agreed to extend the same type of property exiting assistance as they do at
Stadium events which is to allow patrons of his tenants to access northbound
on thi~ road via Kat011a. An0th0r i~u0 wa~ to r~qu~t th~ City to ~nc0ura~
Arena patrons to exit the 57 Freeway and Orangewood and traverse the Stadium
parking lot. Staff looked at that but there are definite contractual issues
involved which will prevent implementing the suggestion. Another question
asked was if there was a problem in selling public parking on his property
during Arena events. Staff has no problem with that. The experiences
witnessed at the opening of the Arena are definitely much improved and nearly
absent today.
Sid Lindmark, PBR, 18012 Skypark Circle, Irvine. The environmental
documentation for the Arena facility was approved by the Council in EIR 299 in
December, 1989. This particular document (the mitigated negative declaration)
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is not an EIR so requirements from the CEQA guidelines are different than an
EIR. No project alternatives are identified in a mitigated negative
declaration. Based on the evaluation of the three additional sites that would
add 1,800 spaces, there will not be any additional impact relating to those
parking sites. They looked at the difference between the traffic distribution
in the Arena as it exists today and as it would exist with the three sites.
Traffic is more evenly distributed across the geographical areas. The traffic
study indicates there will be no impact. The use of the negative declaration
process is quite usual for projects of this type.
John Lower, Traffic and Transportation Manager. Relative to the traffic
study, the thrust is that Arena traffic is on the streets and parking
somewhere. Additional parking spaces close to the Arena will improve traffic
flow. Also, the parking lot north of the transfer site will have a main
access off of Cerritos thereby taking traffic out of the intersection of
Douglass and Katella. Item A4 on tonight's agenda provides for the
construction contract award for changeable message signs on State Route 57
which will further enable communication to Arena patrons of the
Ball Road/Phoenix Club Drive access to the Arena.
Rob ZurSchmiede. Another letter was received just prior to the meeting from
Mrs. Wolcott (Palmieri Tyler Wiener, Wilhelm and Waldron on behalf of the
Schmids) and copies provided to the Council. That was received well after the
deadline for written comments. The items raised are addressed in the document
and in discussion today.
At the conclusion of the Consent Calendar, the City Council approved a
mitigated negative declaration and adopted Mitigation Monitoring Plan No. 71
for Anaheim Arena area public parking facilities but continued to Tuesday,
September 28, 1993 the balance of the actions as indicated on page 7 of the
Council Agenda and as listed below=
123.. A ground lease between Herb Douglass and Ted Douglass and the City
of Anaheim for public parking facilities adjacent to the Anaheim Arena.
149.- The construction, maintenance and operation of a public parking
facility on the County of Orange Katella Maintenance Yard, located on
the south side of Katella Avenue (Site 2).
149.. The construction, maintenance and operation of a public parking
facility on property located north of the former County Transfer
Station, and west of Douglass Road (Site 3).
169: The construction of certain street improvements: Cerritos Avenue
from Sunkist to Douglass Road; and on Douglass Road from Cerritos Avenue
to north of Katella Avenue. (Continued from 9-14-93, Item A23)
A22. 150: RESOLUTION NO. 93R-192: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE NATIONAL
RECREATIONAL TRAILS FUND ACT - 1994/1995.
A23. 114: Approving minutes of the City Council meeting held August 24,
1993.
Roll Call Vote on Resolution Nos. 93R-188, 93R-189, 93R-191 and 93R-192, both
inclusive~ for adoption~
AYES:
COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
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NOES:
ABSENT .'
COUNCIL MEMBERS .' None
COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 93R-188, 93R-189, 93R-191 and 93R-192, both
inclusive, duly passed and adopted.
Roll Call Vote on Resolution No. 93R-190 for adoption~
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Hunter, Pickler, Simpson, Daly
COUNCIL MEMBERS: Feldhaus
COUNCIL MEMBERS: None
The Mayor declared Resolution No. 93R-190 duly passed and adopted.
Roll Call Vote on Ordinance No. 5392 for adoption~
AYES:
NOES:
ABSENT
COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 5392 duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
A24. 000: PUB~.C ~F~ETING - SOLID WASTE COLLECTION AND DISPOSAL .- SEWER
MAINTEN.ANCE AN~ STREET CLEANING SERVICES:
To consider a resolution to adopt a new fee schedule of sanitation charges -
solid waste collection and disposal, sewer maintenance and street cleaning
services; and to repeal Resolution No. 91R-203.
Assistant City Manager Morgan announced that staff is recommending a
continuance of this item to Tuesday, September 28, 1993.
MOTION: Council Member Simpson moved to continue the public meeting regarding
the subject fee schedule to Tuesday, September 28, 1993. Council Member
Pickler seconded the motion. MOTION CARRIED.
BOARDS AND COMM!SS IONS:
A25. 105: APPOINTMENT - COMMUNITY REDEVELOPMENT COMMISSION:.
Appointment to fill an unscheduled vacancy on the Community Redevelopment
Commission (Lopez, term ending June 30, 1995). This matter was continued from
the meetin~ of September 14, 1993 to this date for full Council action.
Council Member Feldhaus nominated Thomas "Hoagy" Holguin.
MOTION:. Council Member Daly moved that nominations be closed, Council Member
Pickler seconded the motion. MOTION CARRIED.
Mr. Thomas Holguin was thereupon unanimously appointed to the Community
Redevelopment Commission for the term ending June 30, 1995.
A26. 105: APPOINTM_~NTS - COMMUNITY SERVICES BOARD AND SENIOR CITIZENS
COMMISSION.:.
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(a) Community Services Board for new term expiring June 30, 1997 (Dexter).
This matter was continued from the meeting of September 14, 1993 to this date
for full Council action.
Council Member Pickler nominated Liz Cason; Mayor Daly interjected and
explained that at the Council meeting of September 14, 1993, Mrs. Cason was
appointed to fill the unscheduled vacancy of Steven Staveley for the term
expiring June 30, 1995 and the full term appointment was continued to this
date for full Council action.
MOTION: Council Member Pickler thereupon moved to continue the full term
appointment to the Community Services Board to Tuesday, September 28, 1993.
Council Member Daly seconded the motion. MOTION CARRIED.
(b) Senior Citizens Commission for the term expiring June 30, 1996 (Hawley).
This matter was continued from the meeting of September 14, 1993 to this date
for full Council action.
Council Member Pickler nominated Raymond Kincannon.
MOTION: Council Member Daly moved that nominations be closed, Council Member
Pickler seconded the motion. MOTION CARRIED.
Mr. Raymond Kincannon was thereupon unanimously appointed to the Senior
Citizens Commission for the term ending June 30, 1996.
ITEMS B1 - B$ FROM THE ZONING ADMINISTRATOR MEETING OF SEPTEMBER 2, 1993:
DECISION DATE: SEPTEMBER 7, 1993 INFORMATION ONLY - APPEAL PERIOD ENDS
SEPTEMBER 22, 1993:
B1. 179: VARIANCE NO. 4232 AND NEGATIVE DECLARATION:
OWNER: Vigilant Enterprises, Inc., Attn: Lou Possemato, 1909 Margie
Lane, Anaheim, CA 92802
LOCATION: 1192 West Katella Avenue. Property is approximately 1 acre,
with frontage of approximately 200 feet on the south side of Katella
Avenue, and a maximum depth of approximately 220 feet and being located
approximately 220 feet west of the centerline of Casa Vista Street.
Waiver of minimum number of parking spaces, to retain a 1,500 square
foot fast food restaurant within a commercial retain center.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4232 APPROVED (Decision No. ZA93-50).
Appr0ve~ Negative De¢lara~i0n.
B2. 179: VARIANCE NO. 4234, CATEGORICALLY EXEMPT, CLASS 11:
OWNER: Kenney Golf Enterprise, Inc., a California Corporation, 3200 E.
Carpenter Avenue, Anaheim, CA 92806
LOCATION: 3200 East Carpenter Avenue (Camelot Golfland). Property is
approximately 5.89 acres, with a frontage of 558 'feet on the south side
of Carpenter Avenue, with maximum depth of approximately 455 feet and
being located approximately 80 feet east of the centerline of Shepard
Street.
Waiver of permitted type of sign. To construct a 96 square foot wall
sign including a 25 square foot electronic changeable copy message
center.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4234 APPROVED (Decision No. ZA93-51).
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City Ball, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 21, 1993 - 5:00 P.M.
Mayor Daly asked actually where the electronic sign is to be mounted.
Greg Hastings, Zoning Division Manager. The sign will be located on the north
side of the building facing Shepard Street. He clarified it does not face the
freeway but faces the customer entrance.
B3. 179: ORDINANCE NO. 5393 FOR ADOPTION: Amending Title 18 to rezone
property under Reclassification No. 92-93-05 located at 444-600 North Euclid
Street from the CG zone to the CL zone (Anaheim Plaza). (Introduced at the
meeting of September 14, 1993. )
Council Member Daly offered Ordinance No. 5393 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 5393.'. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Property under Reclassification No. 92-93-05 located at 444-600 North Euclid
Street from the CG zone to the CL zone - Anaheim Plaza. )
Roll Call Vote on, OFdinance No. 5393 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 5393 duly passed and adopted.
B4. 179: ORDINANCE NO. 5395 FOR INTRODUCTION: Adding and/or amending
various sections and subsections of various chapters of Title 18 of the
Anaheim Municipal Code relating to zoning procedures. (Time limit for
amendments, conditional use permits, administrative use permits, variances and
administrative adjustments. )
Mayor Daly asked the reason for the proposed change.
City Attorney White. This is to bring into compliance with current provisions
of the subdivision map act, time limits listed in the City Code together with
doing some administrative clean up as to time limits for administrative
variances and permits. This item has been under consideration for a number of
months. If the Council would like a further report, that can be provided
before the next meeting when the ordinance is scheduled to be adopted.
Mayor Daly asked that they lay out the actual changes, which policies and
procedures and how it im[~acts City Council approvals.
City Att0rns¥ Whirs. Staff will b~ haDD¥ to submit & r%D0rt in conjunction
with consideration of adoption of the ordinance next week.
Council Member Feldhaus then posed questions relative to time extensions and
how once a project is started the City can be assured there will be continued
progress toward completion which were answered by the City Attorney. In
concluding, the City Attorney stated that staff can also look at code changes
to mitigate some of the concerns expressed by Council Member Feldhaus if the
Council would like staff to do so.
Mayor Daly. He suggested instead an analysis of the current system and any
suggestions for making improvements for the sake of the community which can be
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a part of the report to be provided before adoption of the ordinance next
Tuesday.
SWEAR-IN OF THOSE TESTIFYING AT PUBLIC HEARINGS:
The City Attorney announced that it is appropriate at this time for all those
intending to testify at any or all of the public hearings including staff be
sworn in at this time.
Those testifying were requested to stand by the City Clerk and asked to raise
their right hand. The oath was then given.
D1. 179: CONTINUED pUBLIC HEARING - RECLASSIFICATION NO. 91-92-19, WAIVER OF
CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3625, TENTATIVE PARCEL MAP NO.
93-156 AND MITIGATED NEGATIVE DECLARATION.:
OWNER: Simon III & Gloria Fluor Trust, Attn: Cecil Wright, 265 S.
Anita Dr., #205, Orange, CA 92668
AGENT: Ruth Miller, 1600 Dove Street, #138, Newport Beach,~ CA 92660.
LOCATION/REQUEST: The property is located at 1300-1382 East Auto Center
Drive and is approximately 8.39 acres located at the northwest corner of
Sanderson Avenue and Auto Center Drive. The request is for a change in
zone from ML (Limited Industrial) to CL (Commercial Limited).
To permit an automobile sales lot with accessory automotive repair with
waiver of (A) required number of trees, (B) required parking lot
landscaping, (C) minimum number of parking spaces, (D) required
landscaping abutting a street, (E) maximum number of signs, (F)
permitted location of signs and (G) minimum distance between signs.
To establish a 3-lot commercial subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclass No. 91-92-19 GRANTED, unconditionally (PC93-85) (7 yes votes).
Waiver of code requirement APPROVED, IN PART, waivers (A) and (B) were
deleted; waivers (C), (D), and (E) were denied; and waivers (F) and (G)
were approved.
CUP NO. 3625 GRANTED, IN PART (PC93-86).
TPM No. 93-156 APPROVED; and no action taken by City Council at the
meeting of 8/3/93, Item B7.
Approved Mitigated Negative Declaration.
HEARING SET ON: A letter of appeal of the Planning Commission's decision was
submitted by the agent, Ruth Miller and continued from the meeting of
September 14, 1993 to this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
9ublicati0n in Anaheim Bulletin- S@Dt@mb@r 2, 1993
Mailing to property owners within 300 feet - September 2, 1993
Posting of property - September 3, 1993
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated July 26, 1993.
(Council Member Hunter left the Council Chamber - 6:50 p.m. )
Lisa Stipkovich, Executive Director of Community Development. The Community
Development Department has been working on the project since it is part of the
Economic Development Program and that is their involvement. Planning staff
will give a brief report.
Greg Hastings, Zoning Division Manager. He summarized the project as outlined
in the staff report. Before concluding, he noted that somehow the waivers as
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listed on the agenda were mixed up. He clarified the waivers as follows:
Waivers A and B were deleted by the applicant prior to the Planning Commission
review. Waivers C and D were approved by the Planning Commission and Waivers
E, F and G were denied by the Planning Commission. The Planning Commission
asked that the applicant come back for review of the signage on all three
parcels in addition to the review of the parking structure which would be
developed on Parcel 1. It is his understanding at this time that the
applicant was asking for approval of Parcel No. i development and Parcels 2
and 3 were not too sure as to the actual layout of those properties. There
may be additional information coming back to the Commission on Parcels 2 and
3.
City Attorney White. Before opening the hearing and to expedite matters,
based upon his review of the applicable law, he will be recommending to the
Council that Condition 7 of the CUP as approved by the Planning Commission be
deleted if the Council grants the CUP. That is the condition that requires
the removal of the existing outdoor advertising structure from the property.
His review indicates that would not be an appropriate condition to impose but
the matter more properly left to the property owner and the billboard company
to address and not mandated by the City at this time. His recommendation is
if the request is approved, that Condition 7 be deleted.
Mayor Daly opened the public hearing and asked first to hear from the
applicant.
Mr. Bill Ficker, Planner and Architect for Miller Enterprises. He has master
planned the site. They are in general agreement with everything mentioned in
the conditions as they were revised tonight. Mrs. Miller is present and can
address any questions regarding the billboard sign. Because of the complexity
of the sign program and the three dealerships as they were proposed, it was
very difficult to explain and understand it clearly at the Planning Commission
meeting. The Planning Commission suggested they go back and meet with the
Planning Department and the heads of the other departments involved. They did
so and provided the drawings which are posted on the Chamber wall. They were
under the impression that all of the signs did meet the criteria of the City
and that the only sign that did not was the sign 16 feet high. They suggested
they would be happy to come back at a later date if they even wanted to keep
the sign. They are in agreement and he believes he is accurate in his
representation of that. What they have done is provide a program for the
entire site rather than just putting signs up in an ad hoc manner. What they
are trying to develop is an appearance of a year-round automobile exposition.
The kiosk signs are part of the architecture and exposition. They are lighted
at night and will be in a large framework. These will aesthetically enhance
the entire area and set a standard for architectural identification of
automobile dealerships. In concluding, he reiterated they are in general
agreement with everything and in agreement with the City Attorney's
~e~mm~nda~£~n ~ k~£ng ~h~ ~£s~£ng s£gn although ~h~y may e~m~ ~aek a~ a
later date and try to renegotiate that. It is an imposition on the site but
he will leave it up to the owner and lessee to discuss that.
Ruth Miller. Relative to the billboard, it is more of a legal problem which
they will try to work out. By nature of the lease, they have a right to
request that the billboard be removed. They have submitted plans accordingly.
In view of what has taken place, they would like to defer to a little more
time in negotiation with the billboard company to see what they can work out
and possibly relocate the sign and are coming forward with the request and a
CUP. She confirmed for the Mayor that for the time being, they do support
deletion of that condition. It is her understanding, for it to be relocated,
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City Hall: Anaheim, California - COUNCIL MINUTES - SEPTEMBER 21, 1993 - 5:00 P.M.
it has to go back through a CUP process. They will come back and readdress
that issue.
PUBLIC DISCUSSION=
Michael Tidus, law firm, Cox Castle and Nicholson, attorneys
representing Regency Outdoor Advertising. Regency is the company
operating the billboard. They believe the City Planning
Commission improperly imposed Condition 7 requiring removal of the
billboard without providing compensation. Regency does not want
money from the City Treasury, they just want to keep the billboard
in place. They have not heard any proposals from the Millers
concerning the site. However, they believe the lease cannot be
terminated. The reason the Millers are occupying the property is
the City's Community Redevelopment Project. They had a landlord
who wanted them there for a long period and now have a landlord
who wants them to leave, otherwise they would be there forever.
They want to keep their sign there. Even if the City allows them
relocation of the sign, he is not sure the State of California
permit will allow them to do so. The best solution is to allow
the sign to remain undisturbed. He understands only a truck
washing facility will be at that location and if moved a little,
the sign can remain where it is.
There was no further public discussion in favor or in opposition; Mayor Daly
closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - MITIGATED NEGATIVE DECLARATION:
Council Member Pickler moved that the City Council has considered the proposal
with the Mitigated Negative Declaration and Monitoring Program together with
any comments received during the public review process and further finding on
the basis of the Initial Study that there is no substantial evidence that the
project will have a significant effect on the environment. Council Member
Simpson seconded the motion. Council Member Hunter was absent. MOTION
CARRIED.
Council Member Pickler offered Resolution No. 93R-193 for adoption, approving
Reclassification No. 91-92-19 and Resolution No. 93R-194 for adoption,
granting Conditional Use Permit No. 3625 with the deletion of Condition No. 7
as well as Condition No. 11, both of which relate to the billboard. Refer to
Resolution Book.
RESOLUTION NO. 93R-193: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF
CERTAIN ZONES SHOULD BE CHANGED.
RESOLUTION NO. 93R-194= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3625.
Before a vote was taken on the resolutions, City Attorney White stated it is
his understanding of the actions that Council Member Pickler included the
changes read in by staff as well as deletion of Condition No. 7 (and related
Condition No. 11).
Lisa Stipkovich. She is confused about the situation of the signage. She
believes that their architect was implying that they would like the kiosk
signs approved although she does not believe they were approved by the
Planning Commission. She is not certain the Council is agreeing with the
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Planning Commission and expects the signs to go back to the Planning
Commission, or are agreeing with the applicant that the signs would be
acceptable to the City Council.
Council Member Pickler. He clarified his actions are to go with what staff is
recommending and that the signage be reviewed by the Planning Commission.
Mrs. Stipkovich. The whole signage program was going to go back to the
Planning Commission; Council Member Pickler stated that was correct.
Council Member Simpson stated that was the intent.
Mayor Daly. To clarify the action is to approve the project as it was
approved by the Planning Commission which is consistent with the staff
recommendation; City Attorney White stated except for Condition No. 7 (and
related Condition No. 11).
Mr. Ficker. The Planning Commission suggested that they go back and work this
out with the staff. It was their impression that the Planning Department when
they had a meeting and made the presentation to them they were in favor of
approving the major kiosk signs. He was disappointed that was not brought out
tonight.
Greg Hastings. That is partially correct. The Planning Commission asked
staff to work with the applicant however to bring back the signage to them in
a report and recommendation item which has not yet been done. Whether or not
staff supports it, it would be up to the Planning Commission to make a
recommendation as well.
Mr. Ficker. They have.no problem going back, just so they do not have to
start the CUP process over again.
Greg Hastings. Staff has not formulated an official recommendation to the
Planning Commission as yet. They did meet with the representatives and have
gone over the plans.
Mayor Daly. For clarity, he asked that staff summarize their recommendation
regarding signage and what the next steps in the process will be.
Greg Hastings. Staff's recommendation is to take the signage back to the
Planning Commission as a report and recommendation item, which is the current
condition, for Planning Commission resolution - the entire sign program.
Mr. Ficker. That is acceptable. They thought staff was going to recommend to
the Council and did not realize they were supposed to go back to the Planning
Commission.
Greg Hastings. There may be some waivers that will be required to be approved
in conjunction with the sign proposal. It is his understanding if the kiosk
signs are kept, it would probably necessitate granting of the waiver having to
do with the permitted location of the sign as well as the distance between the
two signs. That has to do with Parcel I where there are two kiosk signs too
close to each other and one of which is too close to the property line. The
Council has the option to approve those waivers tonight or have them brought
back to the Council as a separate sign variance. This was not worked out at
the Planning Commission. The Planning Commission denied the sign waivers and
asked that they come back and work with staff. If they met code, they would
go to the Commission as a report and recommendation item. If not, it would be
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City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 21, 1993 - 5.'00 P.M.
a separate variance. The way the Planning Commission recommended, they would
be looking at a variance.
Council Member Pickler. The applicants have to go back to staff and then go
back to the Planning Commission and then go from there.
Greg Hastings. He clarified that was correct. The only exception would be if
the Council tonight approves waivers for the signage; Mayor Daly asked if
staff was recommending that they approve the sign waivers.
Greg Hastings. Staff is not recommending that.
Mayor Daly. They are then back to the original understanding which is that
Council Member Pickler's action is identical with the staff's recommendation
which includes deleting the billboard decision (Condition No. 7 and related
Condition 11).
Council Member Pickler. That is what he intended. He wants to make sure
Mr. Ficker understands he has to go back to staff and follow that process.
Mr. Ficker. They do understand. They thought they had already taken that
step but if they have to do so, that is fine.
MOTION: Council Member Pickler moved to approve Tentative Parcel Map
No. 93-156. Council Member Simpson seconded the motion. Council Member
Hunter was absent. MOTION CARRIED.
A vote was then taken on the resolutions offered by Council Member Pickler
(Resolution No. 93R-193 Reclassification No. 91-92-19 and Resolution
No. 93R-194 Conditional Use Permit No. 3625) deleting Condition No. 7 and 11
relative to Conditional Use Permit No. 3625 (billboard) and that the
applicants have to go back to staff and then back to the Planning Commission
relative to signage.
Roll Call Vote on Resolution Nos. 93R-193 and 93R-194 for adoption=
AYES:
NOES:
ABSENT .'
COUNCIL MEMBERS: Feldhaus, Pickler, Simpson, Daly
COUNCIL MEMBERS: None
COUNCIL MEMBERS -. Hunter
The Mayor declared Resolution Nos. 93R-193 and 93R-194 duly passed and
adopted.
Mayor Daly. The CUP has been approved. The only further attention needs to
be paid to the sign program. He would encourage the Millers and Mr. Ficker if
there are any additional questions on the procedure to work with the Planning
Department and if need be, contact the Council directly if there are any
concerns regarding signage. This auto center is a priority and signage is
important. If there needs to be clarification on what the City's desires are,
he asked that they let the Council know.
C!. 108.' PROPOSED PUBLIC NUDITY ORDINANCE
Recommendation of the City Attorney that Council adopt an ordinance amending
Section 7.16.060 and repealing Sections 4.18.130 and 140, to prohibit nudity
in public places or places open to public view, with certain exceptions.
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ORDINANCE NO. 5394 - ADOPTION: Amending Section 7.16.060 of Chapter 7.16 of
Title 7, and repealing Sections 4.18.130 and 4.18.140 of Chapter 4.18 of
Title 4, of the Anaheim Municipal Code relating to public nudity. (Introduced
at the meeting of September 14, 1993. )
Council Member Pickler offered Ordinance No. 5394 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 5394: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION
7.16.060 OF CHAPTER 7.16 OF TITLE 7, AND REPEALING SECTIONS 4.18.130 AND
4.18.140 OF CHAPTER 4.18 OF TITLE 4, OF THE ANAHEIM MUNICIPAL CODE RELATING TO
PUBLIC NUDITY.
Roll Call Vote on Ordinance No. 5394 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Feldhaus, Pickler, Simpson, Daly
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Hunter
The Mayor declared Ordinance No. 5394 duly passed and adopted.
C2. %48: 60-DAY NOTICE AND WAIVER REQUEST - COUNTY OF ORANGE:
Authorizing the City Clerk to sign a waiver of 60-Day Notice for Adult Mental
Health program at 2031 E. Ball Road as requested by the County of Orange,
subject to the County complying with City of Anaheim zoning regulations.
This matter was continued from the meeting of September 14, 1993 to this date.
Submitted was report dated September 15, 1993 from the Zoning Administrator
Annika Santalahti recommending approval of the request for waiver as well as
giving specific details regarding the County facility as requested by the
Council at their previous meeting.
Mayor Daly. He appreciates staff supplying the additional information. It
was helpful to understand the size and scope of the operation proposed.
MOTION: Council Member Pickler moved to authorize the City Clerk to sign a
waiver of 60-Day Notice for the subject Adult Mental Health program as
requested by the County of Orange subject to the County complying with City of
Anaheim zoning regulations. Council Member Simpson seconded the motion.
Council Member Hunter was absent. MOTION CARRIED.
ADJOURNMENT: By general consent the Council meeting of September 21, 1993 was
adjourned. Council Member Hunter was absent. (7:16 p.m. )
LEONORA N. SOHL, CITY CLERK
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