1993/10/26City Hall, ~.aheim, California - COUNCIL MINUTES -OCTOBER 26, 1993 - 5:00 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT
ABSENT:
PRESENT
COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK= Leonora N. Sohl
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich
PLANNING DIRECTOR: Joel Fick
ZONING DIVISION MANAGER: Greg Hastings
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 2:00 p.m. on October 22, 1993 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Daly called the meeting to order at 3:00 p.m.
REOUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items:
a. To confer with its Attorney regarding pending litigation
pursuant to Government Code Section 54956.9(a) to wit:
Golden West Baseball Co. vs. City of Anaheim, Orange County
Superior Court Case No. 40-92-46; Anaheim Stadium Associates
vs. City of Anaheim, et al., Orange County Superior Court
Case No. 44-81-74.
Frost v. City of Anaheim, Orange County Superior Court Case
No. 68-59-31.
Tanjuaquio v. City of Anaheim, Orange County Superior Court
Case No. 65-36-68.
b. To meet with the City's Real Property Negotiator concerning
acquisition or disposition of certain real property interests
for property located generally at Douglass Road, owned by
Herb Douglass and Ted Douglass.
c. To meet with and give directions to its authorized
representative regarding labor relations matters - Government
Code Section 54957.6.
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.
By general consent, the Council recessed into Closed Session. (3:00 p.m.)
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AFTER RECESS: The Mayor called the meeting to Order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(5:11 p.m.).
INVOCATION: Reverend Adam D. McCoy, St. Michael' s Episcopal Church, gave the
invocation.
FLAG SALUTE: Council Member Irv Pickler led the assembly in the Pledge of
Allegiance to the Flag.
119: PRESENTATION - DELEGATION FROM MITO, JAPAN:
Mayor Daly. At least once each year Anaheim's Sister City, Mito, Japan sends
a delegation to visit Anaheim. The delegation was supposed to be present at
tonight's meeting but due to unforeseen circumstances are unable to be
present. He thanked Sister City Committee members June Lowry and Leah
Kazarian, President along with many others who have helped to promote the
program. He is looking forward to Thursday night's reception and dinner with
the delegation.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Daly
and authorized by the City Council:
Recognizing the week of October 23 - 31, 1993
as Red Ribbon Week
Recognizing the week of November 7 - 13, 1993
as Homelessness Awareness Week
119: THE FOLLOWING WERE RECOGNITIONS AUTHORIZED BY THE CITY COUNCIL THIS DATE
TO BE MAILED OR PRESENTED AT ANOTHER TIME:
Recognizing City Employees upon their retirement with more than 20 years of
service to the City.
Recognizing Charles W. Plows, M.D. recipient of the
1993 Vision Award.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $6,793,153.11 for the
period ending October 18, 1993 and $2,563,143.64 for the period ending
October 25, 1993, in accordance with the 1993-94 Budget, were approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency, Housing Authority and Anaheim Public Improvement Corporation meetings.
(5:25 p.m.)
Mayor Daly reconvened the City Council meeting. (5:31 p.m. )
ITEMS OF PUBLIC INTEREST~
Willie Stewart, 600 N. Diamond Bar Blvd., Diamond Bar, representative of
Local 47, IBEW. Most of the members he represents are either in the Council
Chamber or outside carrying picket signs. For the first time in many years,
they are working without a labor agreement. As union members, they expect to
work under a labor agreement and deserve it. Their expectations are not
unreasonable. Only three issues need to be resolved - (1) Wages. The
negotiated settlement will have to contain an equitable wage increase. These
employees voluntarily went without a pay increase last year. They have not
had a raise for two years. They have done their share. (2) Job Security
which will not hinder the City's ability to get their work done. It provides
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that the City will not contract out that work in such a way as to cause a
forced reduction among the employees. Every major electric utility both
private and public in the State has the type of no contracting out clause he
is talking about. The City has for two years been involved in looking at all
their jobs (IBEW) to see what could be contracted out. Thousands of dollars
have been spent in studies undertaken. So far the City has let out one
contract in their bargaining unit which cost seven union member jobs. The
contract went to an out-of-state contractor at a time when the local economy
could use all the help it can get. (3) This issue involves the City's
take-away proposal concerning City contributions to the employee's health
care. It is outrageous for the City to hold up the bargaining process to
insist on a proposal that will make absolutely no difference to the City. It
will make no difference in the cost of the City's contributions to the health
care in 1993, 1994 and most likely 1995. The proposal in its present form
would be totally unworkable and they should withdraw that proposal. Anaheim's
history is as a leader including employee relations. In the last two years,
the City's labor relations have not lived up to that history. The hard
economic times everyone has gone through does not justify the treatment the
City's employees have received in the last two years - IBEW, AMEA, the Police.
It is time to let the Police and IBEW employees work under a negotiated labor
agreement. It is not a significant cost issue anymore, at least in their case
(IBEW) it is time for the Council to take charge and insist that their
negotiators negotiate an agreement.
Bruce Bottolfson, President, Anaheim Police Association (APA). He is back
with about 300 or 400 members asking for things to happen. (Also see minutes
of October 5, 1993. ) Both he and Mr. Silver have put together an agenda of
questions asking for answers. If the Council can give answers, that will be
great but if not, at least to consider the questions.
Mayor Daly. He needs to state that the City is in labor negotiations with the
Police and there is an offer from the City on the table.
Mr. Steven Silver, Attorney for APA. He was present three weeks ago (see
minutes of October 5, 1993) and communicated the plight of the City's Police
Officers who are now almost at the bottom of the wage scale in the County.
They came up with some ideas of how that problem could be resolved. Only
Council Member Hunter communicated to the members of the Association and the
public how he felt. They went back on the following Friday to meet with the
City's negotiators and were told that the City had not changed its position in
any way and refused to enter into any kind of program. They have some
questions and would like to hear from the remaining four Council Members. He
thereupon proceeded to read four questions.
Mayor Daly interrupted and stated it is very inappropriate and he will not be
engaging in questions and answers with Mr. Silver.
Mr. Silver continued and posed his questions: (1) At what level do you
believe the salaries of Anaheim Police Officers should be in relation to other
law enforcement officers in the County? (2) If you believe their salary
should return to where they historically were until recently at or near the
top, are you prepared to make a firm commitment to embark upon a course of
action to accomplish that goal? Are you prepared tonight to earmark enough of
the new revenues anticipated to result from the Transient Occupancy Tax (TOT)
or any other available funds to raise Police Officer's salaries to where they
belong as Council Member Hunter previously suggested? (3) Do you feel there
is any more important purpose for which the City's resources may be used than
in providing the most effective law enforcement protection possible to the
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City Hallt Anaheimt California - COUNCIL MINUTES - OCTOBER 26~ 1993 - 5:00 P.M.
citizens by assuring the City will be able to pay competitive salaries in
order to retain and recruit the most qualified personnel available? Maybe the
Mayor does not care to answer, but perhaps the other Council Members would
care to follow Council Member Hunter and tell the several 100 members of the
Association and their support as how they feel about those issues.
Council Member Hunter. It is easy for him. The answers to the top three
questions are yes, yes and no.
Mr. Silver, upon pressing for an answer from the Mayor was reminded by both
the Mayor and the City Attorney that his three minute time limit had expired.
Ron Bengochea, 1751 $. Nutwood, Anaheim. He submitted some information to the
Council relative to the final report on the Water Meter Shop contracting out
(see three-page Memorandum dated October 26, 1993 to the Mayor and Council
Members attached to which was letter dated September 10, 1993 from Ed Alario,
Assistant General Manager Water Services to Bob Villalobos, IBEW, transmitting
final report for Water Meter Contract (July, 1992 to June, 1993 under
Memorandum of September 2, 1993 to the City Manager/City Council/Public
Utilities Board entitled Privatization of Water Meter Shop - Final Report -
made a part of the record). Mr. Bengochea then briefed the questions and
possible discrepancies in the Final Report listed in his covering memorandum.
In concluding, he stated that it shows to him that when the City goes out for
an RFP, it is not necessarily an accurate gauge. He relates this to the
question before the Council tonight whether to go out for an RFP on the
possible privatization of the City's golf courses. The employees who work at
the courses are dedicated people and keep the courses in good shape and they
should be considered carefully.
Council Member Pickler. He has been on the Council for almost 12 years. In
all their negotiations with the Police, IBEW and AMEA, he feels the City has
negotiated to where if they could do what was requested they would do it.
Mr. Silver stated that the City has not been a leader in the last two years.
He does not think any City has been a leader. What Santa Aha did was zero and
3% for two years and not 4%, 4% and 4% as previously reported. The City does
need more Police. They have taken money away from Libraries, Parks and
Recreation and given funds to Police and Fire. The Council knows what the
needs are. He wanted to see the 2% Utility Users' Tax stay in place or
reinstated. There are people who cannot put food on the table or pay their
mortgage, a policeman makes between $70,000 and $80,000 a year with perks and
overtime. The City has an offer on the table now for 3.25% and 3.25% which
has been turned down or is still being looked at. This is something he
(Pickler) feels Hhey cannot afford. He wanHs more ~olicemen out on the
streets. The City Manager has showed them the money is not there. The books
are there to be looked at. The City does not have the money.
Michael Blanco, 424 N. Philadelphia, Anaheim. He has noticed in recent years
that crime has gone from bad to worse. The only valid function of government
is the protection of citizens. It is the duty of the Mayor and the City
Council to ensure that this function occurs. They expect the Council to
provide the funds to ensure their safety before budgeting any other activity.
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Addressing the Mayor, he stated that he (Daly) is being recalled on the
grounds as follows (summarized):
During his term of office and his campaign for Mayor, Mr. Daly
consistently stated he supports neighborhood integrity and safer more
attractive neighborhoods yet he has repeatedly withheld his support
from the Anaheim Police and has voted against increasing the number
of officers and providing needed equipment. His actions have
encouraged the elements causing crime, blight and deterioration of
areas where people live.
Mr. Blanco stated the Notice of Intention will be forwarded in the
mail.
Sue Parkinson, 8191 Woodsboro, Anaheim. She is speaking relative to the rumor
about Esperanza High School annexing into Yorba Linda. There is no
educational reason to do that unless Mayor Gullixson (Yorba Linda) is telling
the City he can reduce class sizes, offer more programs, etc.
Mayor Daly assured Mrs. Parkinson and other citizens that there has been no
formal proposal received on the matter to his knowledge and he has informed
Mayor Gullixson.
PUBLIC COMMENTS - AGENDA ITEMS: Public input received on Items A31, A33, B8
and C4 (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
October 26, 1993. Council Member Simpson seconded the motion. MOTION
CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member
Pickler, seconded by Council Member 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-207 through 93R-210, both inclusive, for
adoption. Refer to Resolution Book.
Al. 118: The following claims were filed against the City and action taken
as recommended:
Claims rejected and referred to Risk Management:
a. Claim submitted by James Patrick Jekums £or property damage sustained
purportedly due to actions of the City on or about August 1, 1993.
b. Claim submitted by Ejigayehu Yitref for property damage sustained
purportedly due to actions of the City on or about August 25, 1993.
c. Claim submitted by Theresa Durand, c/o Norman P. Katnik, Esq., for
bodily injury sustained purportedly due to actions of the City on or about
November 25, 1992.
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C£t¥ Hall~ ~_nahe~m_t Cal'~.fornia - COUNCIL MINIFTE$ - OCTOBER 26t 1993 - 5:00 P.M.
d. Claim submitted by Justin Durand, c/o Norman P. Katnik, Esq., for
bodily injury sustained purportedly due to actions of the City on or about
November 25, 1992.
A2. 105: Receiving and filing minutes of the Community Redevelopment
Commission meetings held September 15, 1993, September 29, 1993, and
October 5, 1993.
A3. 158: Approving and authorizing the Director of Public Works/City
Engineer to execute the Right-of-Way Certification for the Weir Canyon
Road/Yorba Linda Boulevard off-ramp signalization project.
A4. 123: Approving and authorizing the Mayor and City Clerk to execute the
State Bridge Seismic Retrofit Program Service Agreement No. 12LA150 for the
seismic retrofitting at the Tustin Avenue bridge at the Santa Ana River.
AS. 117: Receiving and filing a Summary of Investment Transactions for
September, 1993, as submitted by the City Treasurer.
A6. 160: Accepting the low bid of Atlantic Welding Works, in the amount of
$85,707 for one 33,0005 GVW truck chassis with a mounted oil distribution unit
for use in street surfacing, in accordance with Bid #5177.
A7. 160: Accepting the bid of Owen Pacific, in the amount of $26,070 for
roof repair and deck coating replacement at Anaheim Convention Center, in
accordance with Bid ~5180.
A8. 160: Authorizing the Purchasing Agent to issue a purchase order to Pouk
and Steinle, in an amount not to exceed $100,000 for emergency electrical
field work as required.
Answering Council Member Pickler, City Manager Ruth stated that the $100,000
is an estimate, if there are problems on call outs and employees refuse to
respond it is necessary to have a backup. The funds will only be used if
required.
Council Member Hunter. He feels this $100,000 would be better spent if
"thrown into the pie" and that the City get back to the bargaining table and
settle the contracts.
At the conclusion of the Consent Calendar, Council Member Hunter voted no on
this motion.
Ag. 123: Waiving Council Policy 306, and authorizing the execution of an
Agreement with Inmate Communications Corporation, for inmate telephone service
at the Anaheim Detention Facility.
City Manager Ruth. He explained for Council Member Feldhaus this is a no cost
item to the City. It is a convenience factor. Installation will be free of
charge and it will generate revenue and reduce personnel cost.
Al0. 123: Approving an Extension Agreement with Disney Sports Enterprises,
Inc., Ogden Facility Management Corporation of Anaheim, and the City of
Anaheim extending the period during which such parties are to use their best
efforts to negotiate and execute a lease of the Anaheim Arena (Arrowhead Pond
of Anaheim) to Disney from October 15, 1993 to December 3, 1993.
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City Hallt Anahe!mt California - COUNCIL MINUTES - OCTOBER 26, 1993 - 5:00 P.M.
All. 108: Approving and issuing the written report of the Anaheim City
Council describing the measures taken to alleviate the condition which led to
the adoption of Ordinances Nos. 5386, 5388 and 5402 temporarily prohibiting
new adult entertainment businesses in the City of Anaheim.
A12. 123: Approving an Agreement with William Marquis for legal services.
A13. 184: Reviewing the need for continuing the Proclamation of the
Existence of a Local Emergency issued by the director of Emergency Services on
September 7, 1993, and ratified by the City Council on September 14, 1993,
concerning the Santiago Landslide and Pegasus Landslide in the City of
Anaheim; and taking no action to terminate the local emergency at this time.
A14. 161: R~_SOLUTION NO. 93R-207: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM CONSENTING TO AND CALLING FOR JOINT PUBLIC HEARINGS ON THE
PROPOSED REDEVELOPMENT PLANS FOR THE BROOKHURST COMMERCIAL CORRIDOR
REDEVELOPMENT PROJECT AND THE COMMERCIAL/INDUSTRIAL REDEVELOPMENT PROJECT.
A15. 114: Approving minutes of the adjourned regular meeting of
September 28, 1993 held October 5, 1993.
A16. 123: Approving an Agreement with Fair Housing Council of Orange County,
Inc., in the amount of $66,230 for community outreach, education, counseling
and mediation services related to fair housing.
A17. 123: To consider approving an Owner Participation Agreement between the
Anaheim Redevelopment Agency, the City of Anaheim and Universal Alloy
Corporation, in connection with a business retention and expansion project for
Universal Alloy's facility at 2971 La Palma Avenue; and authorizing the
Executive Director and Public Utilities General Manager to sign any documents
necessary to implement this project.
Staff request a one-week continuance on this item.
At the conclusion of the Consent Calendar, this item was continued for one
week.
Al8. 161: Directing Community Development staff to participate in the State
Department of Housing and Community Development's pilot program, the Building
Equity and Growth in Neighborhoods (BEGIN) program, which provides down
payment assistance to first-time homebuyers who earn no more than 80 percent
of the median income for Orange County.
A19. 161: Directing Community Development staff to establish and implement a
Tenant-Based Assistance (TBA) program for rental subsidy as authorized under
the Federal HOME Investment Partnership Program (HOME) guidelines.
A20. 123: Approving the Fifth Amendment to the Land Disposition and
Development Agreement by and among the City of Anaheim, the Anaheim Housing
Authority, the Redevelopment Agency and Chevy Chase Partners, Incorporated,
dba Park Vista Apartments, and authorizing the Executive Director of the
Housing Authority to execute such documents and to take such actions as she
deems necessary or desirable to complete the transaction.
A21. 123: Approving an Agreement with Beylik Drilling, Inc., for emergency
water system services, and authorizing the Public Utilities General Manager to
execute the agreement.
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A22. 175: Approving the implementation of a Heat Pump Incentive Pilot
Program for residential, commercial and industrial customers, and authorizing
the Public Utilities General Manager to take all actions necessary to
implement the program.
A23. 123: Approving an Agreement with the United States Environmental
Protection Agency (US EPA) to implement a pilot groundwater protection
program, and authorizing the Public Utilities General Manager to execute the
Agreement.
A24. 153: Approving the 1994 Health & Welfare Plan rates (Employee Health
Benefit Plans), and authorizing the Benefits and Information Manager to sign
all required renewal documents on behalf of the City.
A25. 153: R_~SOLUTION NO. 93R-208: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM
MUNICIPAL EMPLOYEES ASSOCIATION, GENERAL EMPLOYEES UNIT, AND THE CITY OF
ANAHEIM. (To allow 26 bi-weekly pay periods of probation for newly hired
Police Dispatchers I. )
A26. 123: Approving an Agreement with the County of Orange for removal of
graffiti visible from Orange County Flood Control District or County property
within the City of Anaheim at no charge to the City or property owner.
A27. 171: RESOLUTION NO. 93R-209: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM SUPPORTING THE LOCAL PUBLIC SAFETY PROTECTION AND IMPROVEMENT
ACT OF 1993 (PROPOSITION 172) WHICH WOULD EXTEND THE HALF-CENT SALES TAX AND
DEDICATE REVENUES TO PUBLIC SAFETY.
Council Member Feldhaus. He has questions relative to this item with regard
to discretionary uses of the funds that he feels should be discussed in a
Closed Session meeting. He would like to table the item.
Council Member Hunter. He disagrees. The election is next Tuesday. The
Council ought to vote on it tonight and get behind it. The Governor has come
out in favor, law enforcement agencies, the Anaheim Police Association and the
entire Police Department. This will help to get more cops on the streets. He
is in favor.
Council Member Feldhaus moved to table the matter since he has some serious
quest ions on it.
Council Member Pickler. He concurs with Council Member Hunter. The City will
get a portion of the revenues to put into public safety areas. He feels it is
a proposition they all have to get behind. It is needed for the State and the
city.
Council Member Feldhaus then expressed some of his concerns relative to the
proposition especially in ensuring the funds are dedicated to public safety;
Mayor Daly: He shares Council Member Feldhaus' apprehension but he does
support the proposition.
Council Member Hunter. The Governor said he is going to punish those agencies
who do not use the money for public safety purposes. Council Member Feldhaus
has been saying he is a law and order guy and, if so, he should be giving his
support.
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There was no second to the motion made by Council Member Feldhaus and
therefore the motion died for lack of a second.
At the conclusion of further discussion and at the end of the Consent
Calendar, the Council adopted the resolution. Council Member Feldhaus
abstained.
A28. 107: Appropriating Council contingency funds, in the amount of $25,000
to continue the Graffiti Surveillance program.
A29. 106: Appropriating additional revenue authority for various City
departments, and appropriating additional expenditure authority for various
City departments, in order to remain in compliance with Section 1205 of the
City Charter (the year end financial closing process).
A30. 174: R~.SOLUTION NO. 93R-210: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DESIGNATING OCTOBER 27, 1993 "NATIONAL UNFUNDED MANDATES DAY".
A31. 150: Approving the Fiscal Year 1993/94 allotment plan for $132,809 in
Community Services Agency Funding to be distributed to selected community
organizations.
June Lowry, Board Member, Community Services Board. Before the Council is the
recommendation of the Community Services Board for Community Services Agency
funding for Fiscal Year 1993/94 (see Memorandum dated October 4, 1993 to the
City Manager/City Council from Mary Hibbard, Chair, Community Services Board
along with booklet containing all of the applications and background data
relating to Community Services Agency funding requests for Fiscal Year 1993-94
- made a part of the record). She briefed the report noting that after
meeting with the sixteen agencies at its June 10, 1993 meeting, the Community
Services Board subcommittee further analyzed the request. Preference was
given to agencies serving Anaheim residents and those based in Anaheim.
Further, priority funding was given to those organizations providing
children/youth services, the elderly and disadvantaged families, priorities
which were identified in the 1989 Human Service Needs Assessment. The
Community Services Board would like to ask for five or six times the amount
allocated for Community Services Agency funding but since such funding is not
available, they are asking for the amounts requested to be allocated to the
eleven agencies that most fit the criteria in the Needs Assessment (see FY
1993-94 Community Services Agency funding - Community Services Board final
recommendations attached to the October 4, 1993 report).
Council Member Pickler. He would like this matter continued for one or two
weeks which will give the opportunity to look at the request more in depth.
Mrs. Lowry explained that the agencies have been working since June without
any monies from the City and are waiting approval of the subject funding.
After further discussion, Council Member Pickler stated if the Council is
ready to vote on the matter, he has no problem in doing so tonight.
Beverly Nestande, Director of Community and Governmental Relations, Olive
Crest Home for Children. She represents the children of Olive Crest. It was
in 1973 in Anaheim that Olive Crest opened its first group home and now 20
years later provides homes for 7,000 abused, abandoned and neglected children.
They have not previously applied to Anaheim for funding even though they are
based in Anaheim, started in Anaheim and have homes in Anaheim. The Community
Services Board subcommittee denied their request for $10,000. She does not
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agree with that decision and is disappointed. She decided to come and throw
herself and Olive Crest on the mercy of the Council with the hope that the
Council might reconsider their request and help if they can.
At the conclusion of the Consent Calendar, the City Council approved the
Community Services Agency funding in the amount of $132,809 as recommended by
the Community Services Board Subcommittee in report dated October 4, 1993 from
the Chair of the Community Services Board.
A32. 106: Approving the expenditure of $63,004 (plus a 10% contingency) from
the Hilton Parking Structure Retained Reserves for painting of Hilton Parking
Structure, and amending the budget by increasing expenditures in
560-514-5214-9605 by $69,305.00.
A33. 123: Approving an Agreement with Laidlaw Medical Transportation, Inc.,
dba Superior Ambulance, Inc., for the provision of physician and backup
EMT/mini-ambulance services for Anaheim Stadium events, from November 14, 1993
to March 31, 1996; and approving an Amendment to the Agreement with the
current provider, Medical and Safety Management, Inc., increasing the maximum
compensation from $25,000 to $35,000 to cover costs until the Agreement with
Superior Ambulance is effective, and authorizing the City Manager to execute
the Amendment.
Rick Graves, 18235 Mount Baldy Circle, Fountain Valley, Founder and President
of Medical and Safety Management. They have provided medical services at
Anaheim Stadium for the past seven years with an impeccable record. He
thereupon briefed the Council on what they have done during those seven years
(also see minutes of April 27, 1993). His concern is that they have been at
the Stadium for seven years and the City went out for a third Request for
Proposal (RFP) this year and Laidlaw was accepted as the provider. In the
second RFP, he was awarded the contract and then something came up and the
City said they had to go out for a third RFP. His bid had been accepted not
based on price alone but also on past performances. He then proceeded to
quote from the Federal Public Health Act wherein he feels that with regard to
Superior Ambulance, if they are awarded the contract, will be violating the
provisions of the act because they not only provide the ambulance service, but
also the physician who may be induced to take the person to a hospital when it
may not be necessary.
City Attorney White answering Council Member Pickler who asked if that would
affect what the Council was considering tonight stated he would assume that
the provider would comply with all the requirements of the law. The Council's
decision is not to be based upon speculation as to what a particular provider
may or may not do.
Robert Lavoie, 888 S. West Street, Anaheim. Attorney representing Event
Medical Services. Dean Gr0se, president of the company is here tonight.
Event Medical Services is objecting to the recommendation to award the
contract to Superior Ambulance. He explained the reasons why he felt the
award should be made to his client and outlined the criteria upon which the
proposals were evaluated. Based upon the criteria, the City recommended his
client be awarded the contract. The contract was executed and thereafter
without explanation, the City decided not to award it to his client and sent
it out to bid a second time with the excuse that the insurance requirements
were not met.
City Attorney White. He has reviewed the matter and has spoken to Greg Smith,
General Manager of Anaheim Stadium. His (White) position is that no contract
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was ever formed with Event Medical Services. Mr. Lavoie was correct in that
the contract was awarded and signed by the Mayor and City Clerk but it was not
formed because an original was never delivered. To form a contract, it has to
be delivered and the City's practice is not to deliver it until the insurance
requirements are met. They were unable to be met in this case. Mr. Lavoie
was not quite correct on his recitation of the language. The City retained
the right to negotiate the provisions of insurance but is not obligated to
renegotiate that provision. As opposed to negotiating a lower insurance
requirement with the one provider, it was determined to be fairer to go out
for an additional proposal to see if there were other providers who could make
a proposal based upon a lowered insurance limit. It turned out that after the
City went out to a second RFP, that Laidlaw provided an additional bid. It is
his opinion the City Council tonight can legally act upon the proposal and
award to any of three proposers or reject all of them. They can go out again
to bid or award to someone who has not submitted a bid. This is not a typical
contract where the City is required to award to the lowest responsible bidder.
It is not even a situation where the City is required to enter into a bid.
Additional input was then given by both Mr. Lavoie and Mr. Graves as well as
questions posed by Council Member Pickler which were answered by the City
Attorney. The City Attorney confirmed that relative to the $5,000,000
insurance requirement, it turned out that no one in the market place could
provide that.
At the conclusion of the Consent Calendar, the City Council awarded the
contract as recommended by staff.
A34. 114: Approving minutes of the City Council meetings held September 28,
1993, and October 5, 1993.
A35. 123: To consider a ground lease between Herb Douglass and Ted Douglass
and the City of Anaheim for public parking facilities adjacent to the Anaheim
Arena.
149: To consider 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: To consider 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).
149: To consider 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, 9/21/93, 9/28/93
and 10/5/93. )
City Manager Ruth. Staff is requesting an additional one-week continuance.
At the conclusion of the Consent Calendar, this item was continued an
additional week to November 2, 1993.
Roll Call Vote on Resolution Nos. 93R-207, 93R-208 and 93R-210, both
inclusive, for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
COUNCIL MEMBERS: -None
COUNCIL MEMBERS: None
755
City Hall~ l~_nahe~ California - COUNCIL MINI~ES - OCTOBER 26~ 1993 - 5:00 P.M.
The Mayor declared Resolution Nos. 93R-207, 93R-208 and 93R-210, both
inclusive, duly passed and adopted.
Roll Call Vote on Resolution No. 93R-209 for adoption:
AYES: COUNCIL MEMBERS: Hunter, Pickler, Simpson, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Feldhaus
The Mayor declared Resolution No. 93R-209 duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
A36. 107: PUBLIC HEARING - OPERATOR'S AND VENDOR'S PERMITS - APPEAL FEES:
To consider an ordinance amending Section 14.32.310 of Chapter 14.32 of Title
14 of the Anaheim Municipal Code relating to the sale of goods or merchandise
by vehicle~ and to also consider a resolution amending the established permit
application and appeal fees pursuant to Section 14.32.310 of Chapter 14.32 of
Title 14 of the Anaheim Municipal Code (operator's permits, vendor's permits,
and appeal fees).
ORDINANCE NO. 5403 - INTRODUCTION..-. Amending Section 14.32. 310 of Chapter
14.32 of Title 14 of the Anaheim Municipal Code relating to sale of goods or
merchandise by vehicle.
RESOLUTION NO. 93R-211: Amending permit application and appeal fees pursuant
to Section 14.32.310 of the Anaheim Municipal Code.
Submitted was report dated October 14, 1993 from the Planning Department/Code
Enforcement Division recommending that the subject proposed ordinance be
adopted and that permit application and appeal fees be amended as proposed.
City Attorney White. State law requires that prior to imposing or increasing
any fees for services, that the City Council publish a notice and provide
either a public hearing or public meeting when public comments can be given
regarding the fees and the amounts. On the agenda it is indicated as a public
hearing for both the ordinance and the resolution. The Resolution is the part
that requires the public hearing.
Mayor Daly. The ordinance may be introduced by any one member and the next
week the ordinance comes back for a final vote.
council Member Simpson. He received a couple of phone calls today and
mistakenly told people there would be no public input tonight. He asked if
~hey can ~ake public inpu~ and ~hen c0n~inue ~he mat~er for one week ~o
accommodate those people who may want to speak.
City Attorney White. Normally the practice is to continue the resolution on
the fees until the meeting at which the ordinance is adopted. Whether or not
the ordinance gets introduced tonight, he recommends that the resolution be
continued. There will be opportunity next week for input on the ordinance as
well as the resolution.
Council Member Pickler offered Ordinance No. 5403 and Resolution No. 93R-211
for first reading.
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City Hall r Anaheim, California - COUNCIL MINUTES - OCTOBER 26, 1993 - 5:00 P.M.
ORDINANCE NO. 5403: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION
14.32.310 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO SALE OF GOODS OR MERCHANDISE BY VEHICLE.
RESOLUTION NO. 93R-211: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING PERMIT APPLICATION AND APPEAL FEES PURSUANT TO SECTION
14.32.310 OF THE ANAHEIM MUNICIPAL CODE.
The City Attorney then explained for Mayor Daly there is no legal requirement
that this be noticed as a public hearing. Because it was placed on the agenda
as a public hearing, if people want to speak about the ordinance or the fees,
they should be given a brief opportunity to do so with the understanding that
the matter will be continued until the next meeting in any case, both the
resolution and the ordinance.
Mayor Daly. He asked if there were any public comments to be made at this
time.
Carlos Quinonez, 920 N. Anaheim Boulevard, Anaheim. He is the coordinator and
facilitator for the street vendors. They do not have any opposition
postponing the matter for a week. He-clarified for the Mayor that they will
be suggesting changes or modifications and a full presentation would be made
next week.
Mayor Daly. He asked that Mr. Quinonez share any comments he has with City
staff. John Poole, the City's Code Enforcement Manager is present as well as
the Planning Director Joel Fick. They have assisted the City Attorney in
preparing the ordinance. He asked if there were any suggestions or proposed
changes that Mr. Quinonez submit those to staff as well as Council in advance
of the next meeting.
MOTION: Council Member Pickler moved that the public hearing portion on the
fee resolution remain open for the next meeting at which time both the
ordinance and resolution will be considered for adoption. Council Member
Simpson seconded the motion. MOTION CARRIED.
A37. 000: PUBLIC HEARING - ESTABLISHING FEES - SEX ORIENTED BUSINESSES:
To consider a resolution establishing fees (ranging from $500 to $840) for
permits, renewals, and amortization period extensions relating to Sex-Oriented
Businesses.
RESOLUTION NO. 93R-212: Establishing fees relating to sex-oriented
businesses.
Submitted was report dated September 24, 1993 from the City Treasurer,
Charlene Jung recommending that the Council adopt the subject fees.
Mayor Daly opened the public hearing and asked to hear from anyone who wished
to speak regarding the proposed fee; there being no response, he closed the
public hearing.
Council Member Pickler offered Resolution No. 93R-212 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 93R-212: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING FEES RELATING TO SEX-ORIENTED BUSINESSES.
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C£t¥ Hall, A, ahe_~m, Cal£forn£a - COUNCIL HINUTES - OCTOBER 26, 1993 - 5:00 P.M.
Roll Call Vote on Resolut£on No. 93R-212 for adoption:
AYES:
NOES:
ABSENT
COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Resolution No. 93R-212 duly passed and adopted.
Chairman Daly reconvened the Anaheim Housing Authority. (7:16 p.m. )
4/A38. 137: PUBLIC HEARING - MULTIFAMILY HOUSING REFUNDING REVENUE BONDS
1993 SERIES A PARK VISTA APARTMENTS:
To consider the issuance by the Anaheim Housing Authority of refunding revenue
bonds in an amount not to exceed $26,000,000 for the purpose of assisting in
the refinancing of a multifamily rental housing development and related and
appurtenant facilities in the City of Anaheim. The development consists of
392 units located on an approx. 19 acre site bounded on the north by Calif.
State Route 91, on the south by Romneya Drive, on the east by Manzanita Park,
and on the west by Patrick Henry School. The owner of the project is Chevy
Chase Anaheim Partners, a Calif. Limited Partnership, doing business as Park
vista Apartments.
Submitted were reports dated October 26, 1993 to the City Manager/Housing
Authority and City Manager/City Council from the Community Development
Department recommending approval of the proposed actions regarding this
subject.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - October 8, 1993
Chairman/Mayor Daly opened the public hearing and asked to hear from anyone
who wished to speak on this issue; there was no response.
Chairman/Mayor Daly closed the public hearing.
Council Member Daly offered Resolution No. 93R-213 for adoption, approving
issuance of Multifamily Housing Refunding Revenue Bonds for Refinancing of
project - Chevy Chase Anaheim Partners (Park Vista Apartments). Refer to
Resolution Book.
RESOLUTION NO. 93R-213: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
,,
ANAHEIM APPROVING ISSUANCE OF MULTIFAMILY HOUSING REFUNDING REVENUE BONDS FOR
REFINANCING OF PROJECT OWNED BY CHEVY CHASE ANAHEIM PARTNERS (PARK VISTA
APARTMENTS ).
Roll Call Vote on Resolution No. 93R-213 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Resolution No. 93R-213 duly passed and adopted.
Authority Member Daly offered Resolution No. AHA93-6 for adoption, authorizing
the issuance, sale and delivery of Anaheim Mousing Authority Variable Rate
Demand Multifamily Housing Refunding Revenue Bonds, 1993 Series A (Park Vista
Apartments), approving and authorizing the execution and delivery of related
758
C£t¥ Rall~ Pmahe£m, Cal£~orn£a - COUNCIL NINUTE$ - OCTOBER 26~ 1993 - 5~00
agreements, and approving other related actions in connection therewith.
Refer to Resolution Book.
RESOLUTION NO. AHA93-6: A RESOLUTION OF THE ANAHEIM HOUSING AUTHORITY
AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF ANAHEIM HOUSING AUTHORITY
VARIABLE RATE DEMAND MULTIFAMILY HOUSING REFUNDING REVENUE BONDS, 1993 SERIES
A (PARK VISTA APARTMENTS), APPROVING AND AUTHORIZING THE EXECUTION AND
DELIVERY OF RELATED AGREEMENTS, AND APPROVING OTHER RELATED ACTIONS IN
CONNECTION THEREWITH.
Roll Call Vote on Resolution No. AHA93-6 for adoption~
AYES:
NOES:
ABSENT:
AUTHORITY MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
AUTHORITY MEMBERS: None
AUTHORITY MEMBERS: None
The Chairman declared Resolution No. AHA93-6 duly passed and adopted.
ADJOURNMENT - HOUSING AUTHORITY.'.. Authority Member Daly moved to adjourn,
Authority Member Pickler seconded the motion. MOTION CARRIED. (7:18 p.m. )
ITEMS BI - B5 FROM THE PLANNING COMMISSION MEETING OF OCTOBER 4r 1993
INFORMATION ONLY - APPEAL PERIOD ENDS OCTOBER 26, 1993
B1. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3536 AND
MITIGATED NEGATIVE DECLARATION:.
OWNER: Euclid Street Baptist Church of Anaheim and Bryan
Crow/Evangelistic Associates, Attn: Reverend Bryan L. Crow, 8712 E.
Santa Aha Canyon Road, CA 92808
LOCATION: 8712 East Santa Aha Canyon Road. Property is approximately
3.3 acres located on the south side of Santa Aha Canyon Road and
approximately 5,460 feet east of the centerline of Riverview Drive.
To permit the phased development of a 100,000-square foot church
facility including a 2,000 seat sanctuary, bible study classrooms,
nursery, gymnasium, amphitheater and botanical garden with waiver of
permitted number and size of freestanding identification signs.
ACTION TAKEN BY THE PLANNING COMMISSION:
WITHDRAWN BY THE APPLICANT.
This item was withdrawn by the applicant.
B2. 179: CONDITIONAL USE PERMIT NO. 3636 AND NEGATIVE DECLARATION:
OWNER: Magnolia School District, 2705 W. Orange Ave., Anaheim, CA
92805
AGENT; L0~ ANGELE~ KAM~, 23~7 Wes~ Lincoln Ave.~ Anaheim~ CA 92801
LOCATIONs 2327 W. Lincoln Ave. Property is approximately 10.1 acres
located on the west side of Venture Street and located approximately 275
feet west of the centerline of Monterey Street.
To permit a 9,000-square foot weight room building in order to expand an
existing private sports training facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3636 GRANTED (PC93-109) (7 yes votes).
Approved Negative Declaration.
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City Hall, Anaheim, California - COUNCIL MINUTES -OCTOBER 26, 1993 - 5:00 P.M.
The Planning Commission's decision was appealed by the owners of the property
adjacent to the subject location and, therefore, a public hearing will be
scheduled at a later date.
B3. 155= AMENDMENT TO SPECIFIC PLAN NO. SP87-1, DENSITY TRANSFER REOUEST NO.
93-05 AND NEGATIVE DECLARATION:
OWNER: The Presley Companies, Attn: Alan D. Uman, 19 Corporate Plaza,
Newport Beach, CA 92660
LOCATION= Property is approximately 27.9 acres located at the northwest
corner of Horizon View Drive and Sunset Ridge Road (Development Area 7
of The Highlands at Anaheim Hills Specific Plan (SP87-1)) .
Petitioner requests amendment to Chapter 18.70 of the Anaheim Municipal
Code pertaining to The Highlands at Anaheim Hills Specific Plan (SP87-1)
Development
Area 7 Zoning and Development Standards (Code Section No. 18.70.060.050)
to provide for the development of a 414-unit condominium complex instead
of apartment units.
Petitioner further requests the transfer of 24 dwelling units from
Development Area 11 to Development Area 7.
ACTION TAKEN BY THE PLANNING COMMISSION:
Amendment to Specific Plan No. SP87-1 GRANTED (PC93-110) (6 yes votes, 1
abstained ).
Density Transfer Request No. 93-05 APPROVED.
Approved Negative Declaration.
B4. 179: WAIVER OF CODE REOUIREMENT, CONDITIONAL USE PERMIT NO. 3638 AND
NEGATIVE DECLARATION:
OWNER: Kentwood Park, 1100 N. Paradise Street, Anaheim, CA 92806
AGENT: Vietnam Ministries, Inc., Attn: Phu Xuan Ho, P. O. BOX 4568,
Anaheim, CA 92803
LOCATION: 1100 N. Paradise Street. Property is approximately 1.99
acres located at the southerly terminus of Paradise Street and located
approximately 370 feet south of the centerline of Balsam Avenue.
To permit a church with on-site caretaker's unit in an existing private
recreational facility with waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3638 GRANTED, IN PART, (PC93-111) (7 yes votes).
Waiver of code requirement DELETED (withdrawn by the petitioner).
Approved Negative Declaration.
REPORT A~FD RECO~NDATION ITEM:
55. 179: CONDITIONAL USE PERMIT NO. 2383 - REQUEST FOR ~LANNING COMMISSION
DETERMINATION OF SUBSTANTIAL CONFORMANCE TO PERMIT A BOAT HULL REPAIR FACILITY
WITHIN A PREVIOUSLY APPROVED AUTO BODY REPAIR FACILITY:
REQUESTED BY: Jim St. Omer Roy
LOCATION: 1205 N. Lance Lane.
Petitioner requests Planning Commission determination of substantial
conformance to permit a boat hull repair facility within a previously
approved auto body repair facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
760
City Hall~ ~,nahe£m~ Cal£forn£a - COUNCIL MINUTES - OCTOBER 26~ 1993 - 5:00 P.~.
Determined that the boat hull repair facility within a previously
approved auto body repair facility is in substantial conformance with
CUP 2383.
END OF THE PLANNING COMMISSION ITEMS.
B6./BT. 1795 O~DINANCE NOS. 5404 and 5405 FOR INTRODUCTION.',
ORDINANCE NO. 5404 - INTRODUCTION: Amending Title 18 to rezone property under
Reclassification No. 87-88-57 located at 212 South Beach Boulevard from the
RS-A-43,000 zone to the CL zone.
ORDINANCE NO. 5405 - INTRODUCTION~ Adding a definition to Section 18.01.130
of Chapter 18.01.130 of Chapter 18.01 and amending and deleting certain
Subsections of various Sections of Chapters 18.42, 18.44, 18.45 and 18.45 of
Title 18 of the Anaheim Municipal Code relating to liquor stores.
Council Member Pickler offered Ordinance Nos. 5404 and 5405 for first reading.
ORDINANCE NO. 5404: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO
REZONE PROPERTY UNDER RECLASSIFICATION NO. 87-88-57 LOCATED AT 212 SOUTH BEACH
BOULEVARD FROM THE RS-A-43,000 ZONE TO THE CL ZONE.
ORDINANCE NO. 5405:. AN ORDINANCE OF THE CITY OF ANAHEIM ADDING A DEFINITION
TO SECTION 18.01.130 OF CHAPTER 18.01.130 OF CHAPTER 18.01 AND AMENDING AND
DELETING CERTAIN SUBSECTIONS OF VARIOUS SECTIONS OF CHAPTERS 18.42, 18.44,
18.45 AND 18.45 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO LIQUOR
STORES.
ITEM B8 FROM THE ZONING ADMINISTRATOR MEETING OF OCTOBER 14, 1993:
DECISION DATE: OCTOBER 21, 1993 INFORMATION ONLY - APPEAL PERIOD ENDS
NOVEMBER 1~ 1993
B8. 179: AMUSEMENT ARCADE PERMIT NO. 1023 - U-PICK ARCADE:
Application submitted by the owner, Cuong T. Vuong, 11514 Quartz Avenue,
Fountain Valley, CA 92708. The property is located at 968 South Euclid
Street - U-Pick Arcade. The request is to permit up to twenty-eight
amusement devices.
ACTION TAKEN BY THE ZONING ADMINISTRATQB:
Arcade Permit No. 1023 APPROVED (Decision No. 93-59).
Earlier in the meeting, Kelly Welch, spoke on the matter. She and her husband
are business owners at 980 S. Euclid. She is present representing the
business owners and merchants at Ball and Euclid who feel this business would
have a detrimental effect on the immediate business owners. · It will bring
crime and ~raffi~i in~0 ~he cen~er. They ~0 n0~ need anymore crime. This
type of business would only bring in more. It will also affect the
surrounding residents as well as the City. She has 44 signatures of the
merchants and business owners of the surrounding area who are protesting the
U-Pick Arcade and they are asking that the Council turn down the application.
Council Member Simpson thereupon requested a review of the Zoning
Administrator's decision approving the permit which was concurred in by
Council Member Hunter; therefore, a public hearing will be held at a later
date.
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City Hall, ~naheim, California - COUNCIL MINUTES - OCTOBER 26, 1993 - 5~00 P.M.
Cl. 107: PROPOSED ORDINANCE PROHIBITING OR REGULATING "AGGRESSIVE"
PANHANDLING.:
To consider an ordinance prohibiting or regulating "aggressive" panhandling.
Submitted was report dated October 20, 1993 from the City Attorney regarding
the proposed ordinance which was previously requested by the Council. Report
dated September 2, 1993 had previously been submitted.
Council Member Feldhaus offered Ordinance No. 5406 for first reading.
ORDINANCE NO. 5406.'. AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW CHAPTER
7.30 TO TITLE 7 OF THE ANAHEIM MUNICIPAL CODE RELATING TO AGGRESSIVE
PANHANDLING.
Council Member Hunter. When the ordinance comes up for adoption next week, he
will be voting no. There are not enough police officers to enforce it.
Further, the Council presented a proclamation earlier in the meeting relating
to the problem of homelessness. He calls the proposed action hypocrisy. He
also referred to a recent study and report done on Channel 4 relative to the
issue. To him to pass such an ordinance shows a lack of empathy.
C2. 107: PROPOSED ORDINANCE - SOLICITATION OF OCCUPANTS OF VEHICLES ON
PUBLIC STREETS:
To consider an ordinance addressing the issue of solicitation of occupants of
vehicles on public streets.
Submitted was report dated October 20, 1993 from the City Attorney regarding
the proposed ordinance which was previously requested by the Council. Report
dated September 2, 1993 had previously been submitted.
Council Member Pickler offered Ordinance No. 5407 for first reading.
ORDINANCE NO. 5407: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 14.30
,,
TO TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SOLICITATION OF VEHICLE
OCCUPANTS.
C3. 108/156: DISCUSSION - ADDITIONAL REVENUES TO BE EARMARKED FOR POLICE
OPERATIONS:
To consider (a) earmarking 1% of the City's Transient Occupancy Tax (TOT) for
Police and (b) that the $500,000 spent for school crossing guards which
presently comes out of the City's Police Department budget be reallocated for
additional Police Officers. These items were agendized by the Council at the
request of Council Member Hunter.
Mayor Daly. He recommends that they schedule both items as part of future
di~cu~i0n~ and update on the City budget since they both deal with the
budget. The City is nearing completion of the first quarter of the Fiscal
Year 1993/94 budget and the City Manager is scheduling a special briefing for
the Council on the condition of the City's budget.
MOTION: Council Member Daly moved that both of the subject items be
incorporated into the future City budget discussion. Council Member Feldhaus
seconded the motion.
Council Member Simpson. He asked that a timeframe be placed on the matter -
at least within the next 30 days. All Council Members have said police is a
number one priority. They are at a point where they are going to have to do
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City Hall, A-_aheimr California - COUNCIL MINI~TES - OCTOBER 26, 1993 - 5:00 P.M.
something. He has spent his whole life in public safety. He will be
supporting this or some method or measure that will allow them not only to
treat policemen with the dignity they deserve, but also all City employees and
further to allow them to hire additional police.
Mayor Daly. He does not know if a formal motion is necessary. They all agree
that both subjects are very important. The City Manager has provided
background data on each of the items and has requested a special session to
focus on these items in the context of the overall City budget situation. If
acceptable, he would propose that they ask the City Manager to handle this in
terms of scheduling and the appropriate means of discussing these items.
City Manager Ruth. They had planned to do that within the next 30 days and
hopefully within the next couple of weeks.
c4. 135: DISCUSSION/ACTION - INVITING PROPOSALS FOR THE PRIVATE SECTOR
OPERATION OF THE CITY'S GOLF COURSES:
Request staff to prepare an RFP (Request for Proposals) inviting proposals for
the private sector operation of the City's golf courses. This matter was
continued from the meeting of October 12, 1993, following extensive discussion
and input.
The following people spoke on this issue at the beginning of the meeting when
the Mayor asked for Public Comments on Agenda Items:
Dick Clark, President, Anaheim Chamber of Commerce. The Chan~er
supports going out for an RFP in order to obtain the facts necessary to
make an informed privatization decision. They are not present to
support privatization per se, but simply the RFP. The Chamber shares
the pride in Anaheim's Golf Courses and only wants what is best for the
City and its recreational assets. While they generally believe in
privatization of City functions where feasible, they would hope the
Council could make their decision based upon a carefully prepared RFP.
They have met with staff and are confident that staff can prepare a good
RFP. They urged the Council's support of the proposed process.
Mr. Clark also spoke to Item D2 the public hearing on a Conditional Use
Permit for Pick Your Part Auto Wrecking. This is a project which the
Chamber has reviewed and finds it to be a good, environmentally cleaned
auto dismantling facility which will be a positive addition to the local
economy.
Ofelia Murphy, 6577 E. Camino Vista, Anaheim (35 years). She urged the
Council not to contract out the golf courses. The citizens of the City
have a lot of pride in the courses. The Council should be concerned
0v~r wha~ will h~pp~n ~0 ~11 ~h~ p~0pl~ who will
unemployed. She also expressed her concern over what she considers to
be arrogant, disrespectful and rude behavior displayed by the Mayor this
evening.
Carol Aronson, 321 Old Bridge Road, Anaheim. She has been asked to
speak as a representative of a large contingency of homeowners from the
Anaheim Hills area about the possible privatization of the City's Golf
Courses. She has been selling homes in the City for the past 18 years,
a highlight being that the City has such nice courses to view. She
urged them not to fix what already works. There is no sense to
privatizing something already making a profit. They are going to
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C£ty Hall, Anahe£m, Csliforn£a - COUNCIL MINUTES - OCTOBER 26, 1993 - 5~00 P.M.
totally destroy what it has taken years to build. She also complimented
the Police and relayed an incident where they were of assistance to her.
Jim Akin, 5985 Calle Principia, Anaheim. (Also see minutes of
October 12, 1993.) He is Vice President of the Anaheim Hills Golf Club
and is speaking again on behalf of the members/players. Amongst other
issues, he spoke to the maintenance of the courses, the irrigation
system and the club house, the main issue being maintenance. He knows
that money is available in the enterprise fund for the irrigation system
but it is not a necessity right at this time. The present club house at
Anaheim Hills is fine from a golfers point of view. The concern that
the players have, if it is just a maintenance operation issue and they
would trade City employees for an outside operation, it would be
potentially at the expense of the maintenance and sacrificing employees
jobs. Privatization of the maintenance of the golf courses does not
seem to be a good idea.
Marty Johnson, 2103 W. Crone, Anaheim (21 years). He is the athletic
director and golf coach at Loara High School and is speaking on behalf
of the thousands of kids that have had the privilege of playing on the
City's courses. He then explained many of the things that City staff
and the pros of the courses have done over the years for the kids. Both
courses have shown outstanding care and support of concern for the young
people in Anaheim. They believe that the present staff has done an
outstanding job in working with the kids and want the Council to take
that into consideration.
Pat Patterson, 924 N. Helena Street, Anaheim (40 years). He was the
first chairman of the Golf Advisory Commission. At that time, the
Municipal Course (Dad Miller) was a marginal operation and the Hills
Course was a disaster. It has been through good management, good
budgeting, good staffing and the dedicated maintenance group that the
courses are at the point where they are at today. They are money makers
and not losers. Anyone who makes a proposal to the City will have to
come in with a proposal showing they can return more money than the City
is presently getting. If the courses where losing money, he would also
be talking about privatization but if it is just to squeeze out another
buck, he feels it would be at the expense of Anaheim. Answering the
Mayor, he stated he has no problem with inviting bids on privatization
but it is necessary to bear in mind the history of the situation. He
reiterated if it is just to gain a few more dollars, it is necessary to
ask at what cost. He is also available to assist as the Mayor
suggested.
Ed Klein, Chairman, Golf Course Advisory Commission. He has been active
in the private sector all of his career. He is not against
The ~olf courses and golf have come along way. One of the past City
Managers wanted to privatize the courses by leasing them out and
subsequently they decided not to do it. 1992/93 income was
approximately 1.5 million and it is expected that in Fiscal Year 1993/94
it will be 1.7 million. Considerable improvements have also been made
at the courses. A lot of money has been spent and a lot of money
amassed in the golf fund, over $2,000,000. If the City goes out for an
RFP to provide a turn-key lease and it is accepted, the future profits
and future growth, and all the forecasts say there will be future
growth, all that future profit and growth will be shared with the
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City Hall, ~_~aheim, California - COUNCIL MINUTES -OCTOBER 26, 1993 - 5:00 P.M.
successful bidder on a 65 - 35% basis. That is his deep concern. He
does not want the City to lose that control and that continued profit.
Ted Koziateck, 456 Old Bucket Lane, Anaheim. (Also see minutes of
October 12, 1993.) He is directing his comments more to Council Member
Pickler. He does not believe in the history of civilization has an RFP
gone out that something hasn't come back that can't be negotiated into a
contract. Once the City goes out for an RFP, something is going to
happen. He cannot agree with the Mayor on the issue of going out for
new ideas.
Mayor Daly interjected and stated he has heard some concerns that are
not valid, one being that if they invite proposals, it is a done deal.
With him, that is not the case. This is simply a process of inviting
proposals and comparing them and does not mean that privatization will
happen.
Council Member Hunter. They received an update from the City Manager
that the total revenue generated in the 1992-93 Budget to the City from
the courses was in excess, after all expenses, of $1.2 million. A point
they are forgetting, had they privatized in 1982, the City would have
received only $200,000 a year for the last 15 years as was offered. In
last week's discussion, there was an error. It was stated that $800,000
was transferred to the General Fund for the last fiscal year; however,
another $400,000 was placed in the retained earning's account for major
capital project development. The golf courses last year after
everything was paid brought into the General Fund $1.2 million.
James Wood, 2554 Runyon Place, Anaheim (33 years). He is retired and
plays golf two to three times a week. He plays on four courses and out
of the four, three are privately managed, City-owned courses - Long
Beach, La Mirada and Lakewood. They do not have the standard of
maintenance that the courses have in Anaheim. The employees at those
courses do not speak English and do not seem to understand what is going
on which he resents. If Anaheim turns the courses over to private
management, the City is going to lose out on the amount of money put
into the General Fund.
Marilyn Hauk, 2nd Vice President, AMEA and a resident of Anaheim. She
first read portions of a resolution adopted by the Council in 1975 when
the Council was considering going out to bid on the courses. They
formed an advisory commission to get public input on the matter. There
has been a great deal of input tonight telling the Council not to do it.
Relative to Mr. Clark's comments, the Chamber represents somewhere
around 11,000 businesses but not all are Anaheim residents. The people
who spoke tonight have been residents and that is who the Council should
be listening to. She also stated in closing that relative to the
Mayor's comments, the Brown Act provides that the people can continue to
give input if they wish to do so.
Tina Stenning, General Manager, Greenside Cafe Restaurant at the Dad
Miller Golf Course. Dick Clark was not speaking for the Chamber but for
the Board. The restaurant is a member of the Chamber and very active,
but they were not asked how they felt. While an RFP may not seem to do
any harm to the Council, they have spent a lot of money on the ERA
Evaluation. The Council has the letters from the Golf Commission and
she would like the Council to consider the current employees who are
doing such a wonderful job at both courses and how hard it will be to
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keep their morale up if this goes on. They have contracts booked for a
year in advance for weddings and receptions that they do almost every
Saturday. She is concerned over the revenues they could lose in the
future. They have had brides calling very concerned regarding their
wedding dates in the future. It makes them feel very uneasy.
Marilyn Shank, 867 S. Grand Circle, Anaheim. She is not a golfer. She
asked if they could show her anything in the City that has been
privatized that was public before and that is better than it was before.
She is also concerned over how much it will cost to go out to bid. She
questioned why they seem to be going out to bid every two years on the
golf courses and asked if there is no loyalty left to employees.
Scott Stevens, 603 Reid, Anaheim. He is disappointed that the Council
thus far has refused to look at proposals that could bring the City more
funds. The City has major infrastructure needs. The first and foremost
job is protection of the people. They need to privatize. He urged that
they at least look at proposals.
Phil Knypstra, 2520 Gelid, Anaheim. The only voices that count are the
people of Anaheim. The silent majority are counting on the Council to
do the right thing.
Gina Beitler, Representative of AMEA and resident, 1423 E. Delta,
Anaheim. She does not believe they should go out for an RFP on the
courses because of the cost involved to do so. She also questions who
will approve the RFP before it goes out and subsequently when the bids
come back in and who is then going to make the decisions as to the
content of the RFP's. AMEA has a significant number of employees who
work at the courses and they feel they should be a part of the review
panel. Her parents own a home in Anaheim Hills and part of the reason
they purchased there was because of the view of the course. There are a
lot of citizens whose homes and quality of life will be affected
especially if they have to sell their properties at a lower value.
Another issue, AMEA is in support of the Police and IBEW. They are
currently in negotiations. She does not want to have every organization
in the City walking picket lines. She urged that they pay attention to
what the citizens are saying. Do not go out to bid. It will not make
more money and will probably result in making less.
Mayor Daly. A few weeks ago, (see minutes of October 5 and October 12, 1993)
he made a motion approving the idea that the City Manager prepare an RFP for
the potential possible operation of the City's Golf Courses by a private
company. He is again offering the motion.
MOTION.' Council Msmber Dal¥ m0v~d to authorize tbs City Manager to rsqu~st
proposals for the operation of the City's Golf courses possible by a private
company. Council Member Feldhaus seconded the motion.
Before action was taken, Council Member Feldhaus stated he would like to hear
from Council Member Pickler who asked for the continuance. He would like to
hear the results of his further looking into the matter.
Council Member Simpson. He will be voting no for the same reasons he gave at
the last meeting (see minutes of October 12, 1993). He shares all the view
points about what should be done to raise money and to look at ways to do it,
but he does not think there is significant enough money to in this issue to
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City Hall, ~_~aheim, California - COUNCIL MINUTES - OCTOBER 26:1993 - 5:00 P.M.
solve the City's budget problems. If they want to look at all the things the
City runs publicly now and consider those for privatization he will look along
with them. If they want to compare operations, would they compare the Stadium
to the recently built and most gorgeous Arena so far as operation is
concerned. He does not think there is any comparison and he does not think
they can look at the issue fairly by dealing with it only on a dollars and
cents basis.
Council Member Hunter. He read a letter dated October 19, 1993 written by
Sharon Ericson, President, Anaheim Municipal Employees Association (made a
part of the record) giving reasons why the golf courses should not be
privatized and urging, "this Council needs to stand up for recognizing a job
well done. The unique team of private enterprise and public enterprise which
exists at our courses has been incredibly successful. The professionalism,
dedication, excellence and loyalty demonstrated by the private and public
employees who work together to run our courses is the standard by which others
gauge success.., it's time to draw the line.., no more disloyalty to the
family of Anaheim producers.., stand up for Anaheim and for excellence."
Council Member Pickler. In the last couple of days, he received another 40 or
50 calls. He gets the impression that everyone thinks it's a done deal. That
is not the case. He has heard it is not just a few more dollars to be gained
but $800,000, $900,000 and perhaps even a million dollars. He is not saying
they are going to privatize. A few more dollars is not going to do it for
him. He does not feel there will be decreased care and maintenance and there
will not be a lowering of property values of surrounding homes. If they do
not go out for an RFP, they are not being fair or honest to the rest of the
citizens. He is going to go along with the idea so they can find out the
result. They owe it to themselves and the citizens. There are questions he
has that he would want answered. How do they make sure they ensure the level
of capital improvements on the courses and that the quality will not slip?
How will the private operator decide to hire and keep the current employees?
Dad Miller is on leased property. What happens if a private party takes over?
How do they keep green fees and other prices in line with the competition and
keep the play for the people who live in the City and give them the priority
they deserve? Relative to possessory interest tax, questions were previously
posed on that issue. These are things that are necessary to look at. He also
wants the Golf Commission to be involved. He may have other questions he
wants answered when the RFP is put together.
City Manager Ruth. If the decision is made by the Council to proceed, they
can write some tight specifications. There is risk with anything. Staff
would incorporate everything Council Member Pickler mentioned. His suggestion
is that they involve the Golf Commission not only in the preparation but in
the evaluation of any proposals.
Council Member Pickler. Because of the reasons he stated, he is going to
support the motion.
A vote was then taken on the foregoing motion by Mayor Daly, seconded by
Council Member Feldhaus and carried by the following vote:
AYES:
NOES:
Feldhaus, Pickler, Daly
Hunter, Simpson
RECESS: By General Consent the Council recessed for 15 minutes. (7:45 p.m.)
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C£t¥ Hall, ~nahe£m, Cal£forn£a - COUNCIL MINUTES - OCTOBER 26, 1993 - 5:00 P.M.
AFTER RECESS..'.. The Mayor called the meeting to order, all Council Members
being present. (8: 05 p.m. )
Chairman Daly reconvened the Anaheim Redevelopment Agency. (8:06 p.m. )
D1. 161: CONTINUED JOINT PUBLIC HEARING - REDEVELOPMENT AGENCY/CITY COUNCIL:
To consider the Area 5 Disposition and Development Agreement between the
Anaheim Redevelopment Agency and Kaufman and Broad of Southern California,
Inc., indicating the terms and conditions of the sale of certain real property
within Redevelopment Project Alpha. Area 5 Disposition and Development
Agreement is for the construction of 66 townhomes and 85 single-family homes
on the site which is bounded by Lincoln Avenue on the north, Broadway on the
south, East Street to the east and the Atchison, Topeka and Santa Fe Railroad
right-of-way to the west.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - September 14 and September 21, 1993
This matter was continued from the meetings of September 28 and October 12,
1993 to this date.
STAFF INPUTs
See reports dated October 26, 1993 to the City Manager/Redevelopment Agency
and City Manager/City Council recommending approval of the Disposition and
Development Agreement and making certain findings related thereto, making
certain findings regarding the Negative Declaration and finally approving the
basic concept drawings, etc.
Lisa Stipkovich, Executive Director of Community Development, briefed the
reason for the public hearing before the Agency/Council as well as the staff
report relating to the Agreement which involved a 20 acre housing project with
a total of 152 for-sale housing units (85 townhomes and 87 single-family
detached) within the downtown area of Redevelopment Project Alpha. Also
submitted was a summary report describing not only the cost to the Agency but
also anticipated revenue from property tax increment amounting to
approximately 4.4 million dollars over the life of the Redevelopment project.
Representatives from Kaufman & Broad (K & B) were also present.
Chairman/Mayor Daly. He referred to the drawings of the various housing
products and materials board which were posted in the Chamber. He noted as
pointed out by Mrs. Stipkovich that the previously built K & B project in the
downtown area has sold out. He feels that the upgrades that will be made to
the neighborhood by this project, the street improvements, the historic street
lights, landscaping, the homes themselves, etc., will further enhance the
downtown area and maintain the forward progress in that area.
Agency/Council Member Simpson asked the forecast on selling the 152 units;
Mrs. Stipkovich answered that K & B has a full 18 months in their schedule.
She believes they also anticipate it will be sooner than that. They still
have to finish off their acquisition program in the area. Grading will be
done by the Agency and construction is anticipated to start sometime in July
or August, 1994. She also confirmed for Agency/Council Member Hunter that
street improvements will be made to Broadway as well.
Chairman/Mayor Daly opened the public hearing and asked to hear from anyone
who wished to speak; there being no response he closed the public hearing.
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City Hall, ~,aheim, California - COUNCIL MINUTES - OCTOBER 26~ 1993 - 5:00 P.M.
Agency/Council Member Hunter offered Resolution No. ARA93-21 for adoption,
approving and authorizing execution of the Disposition and Development
Agreement by and between the Anaheim Redevelopment Agency and Kaufman and
Broad of Southern California, Inc., and making certain findings in connection
with the provision of certain public improvements; making certain findings
regarding the Negative Declaration for such Agreement; and making certain
findings regarding a minor variation in land use under the Redevelopment Plan
for Project Alpha. Refer to Resolution Book.
RESOLUTION NO. ARA93-21..:. A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
APPROVING AND AUTHORIZING EXECUTION OF THE DISPOSITION AND DEVELOPMENT
AGREEMENT BY AND BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND KAUFMAN AND
BROAD OF SOUTHERN CALIFORNIA, INC., AND MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH.
Roll Call Vote on Resolution No. ARA93-21 for adoption:
AYES:
NOES:
ABSENT:
AGENCY MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
AGENCY MEMBERS: None
AGENCY MEMBERS: None
The Chairman declared Resolution No. ARA93-21 duly passed and adopted.
Agency Member Hunter moved to approve the Basic Concept Drawings, landscape
plans, product finishes and color and material board for the project. Agency
Member Simpson seconded the motion. MOTION CARRIED.
Council Member Hunter offered Resolution No. 93R-215 for adoption, consenting
to the approval by the sale by the Anaheim Redevelopment Agency of the
Disposition and Development Agreement (Area 5) by and between the Anaheim
Redevelopment Agency and Kaufman and Broad of Southern California, Inc., and
making certain findings in connection therewith. Refer to Resolution Book.
Roll Call Vote on Resolution No. 93R-215 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Resolution No. 93R-215 duly passed and adopted.
ADJOURNMENT - REDEVELOPMENT AGENCY: Agency Member Daly moved to adjourn,
Agency Member Pickler seconded the motion. MOTION CARRIED. (8:17 p.m. )
D2. 155.. PUBLIC HEARING - ENVIRONMENTAL IMPACT REPORT NO. 312,
RECLASSIFICATION NOI 92-93-091 WAIVER OF CODE RE~UIREMENT~ CONDITIONAL USE
PERMIT NO. 3608=
OWNER: Pick Your Part Auto Wrecking, a California Corporation, 1301E.
Orangewood Avenue, $130, Anaheim, CA 92805
AGENT: Philip R. Schwartze, 27132 Paseo Espada, ~1222, San Juan
Capistrano, CA 92675
LOCATION/REQUEST: The property is located at 1235 South Beach Boulevard
and is approximately 4.5 acres located on the west side of Beach
Boulevard and approximately 330 feet south of the centerline of Ball
Road. The request is to permit an automobile fluid drainage area and
used automobile sales area in conjunction with an automobile dismantling
769
City Hall t _A~__aheimt California - COUNCIL MINUTES -OCTOBER 26~ 1993 - 5:00 P.M.
and recycling facility on the adjacent parcel to the south (in the City
of Stanton) with waiver of maximum fence height.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 92-93-09 WITHDRAWN (7 yes votes).
CUP NO. 3608 DENIED (PC93-104) (5 yes votes, and 2 no votes).
Denied waiver of code requirement (5 yes votes, and 2 no votes).
EIR NO. 312 Certified and required findings of fact were made. Planning
Commission did not adopt a Statement of Overriding Considerations, or
the Mitigation Monitoring Plan No. 69 (5 yes votes, and 2 no votes).
HEARING SET ON...-. An appeal of the Planning Commission's decision was submitted
by the owner, Pick Your Part Auto Wrecking and public hearing scheduled this
date.
PUBLIC NOTICE REQUIREMENTS MET BY.:.
Publication in Anaheim Bulletin - October 14, 1993
Mailing to property owners within 300 feet - October 13, 1993
Posting of property- October 15, 1993
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated September 20, 1993.
Greg Hastings, Zoning Division Manager. He summarized the project as
presented in the staff report. He noted two changes on Page 13 and 14 of the
report - the first being a deletion of Condition No. 12 as it is a duplication
to the mitigation measures and the second the addition of a condition as
follows: "the operation of said business shall only utilize Caterpillar 6,000
pound fork lifts to move vehicles throughout the site and a 645B Loader only
in the shipping area as referenced in the revised noise assessment dated
August 13, 1993."
Mayor Daly left the Council Chamber temporarily. (8:20 p.m. )
Mayor Pro Tem Simpson opened the public hearing and asked first to hear from
the applicant or applicant's agent.
APPLICANT' S
STATEMENT ~
Cindy Galfin, Property Division Controller, Assistant Secretary,
Pick Your Part, 1301E. Orangewood. They have been working with
staff extensively for two years to design a project that is state
of the art and also to process an EIR for the project. Staff
asked for everything and Pick Your Part (PYP) designed the project
accordingly. It will make Anaheim, Stanton and the surrounding
community proud, provide 50 jobs and promote economic regrowth in
the community. They have worked hard to change the image. They
have designed an aesthetic facility that is more a commercial than
an industrial business. They are asking for approval tonight from
Anaheim for a parking lot, used car lot holding area and fluid
drainage area in an enclosed building. They have already been
through the entire process in the City of Stanton and have
obtained final approval from the Planning Commission and City
Council. The EIR has been certified indicating this project is
environmentally safe and sound under CEQA guidelines. Ms. Galfin
then briefed the key features of the project and all of the
amenities which make it the first of its kind and state of the
art. In concluding, she explained the good faith efforts made in
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City Hall t A~__aheimt California - COUNCIL MINUTES - OCTOBER 26~ 1993 - 5~00 P.M.
working with the community and the many things done to alleviate
the concerns expressed.
Burt Pines, Counsel for PYP. The EIR is quite extensive. It has
over 50 conditions to mitigate any adverse impacts of the project
and addresses every issue and concern that has been raised. These
kinds of facilities are very necessary for people who are trying
to save money and repair cars inexpensively. They provide a
valuable community service as well as the jobs that will be
created. There is going to be a local outreach program to hire
local people. This business will be of benefit to law
enforcement, it will provide a place to bring abandoned vehicles,
it will be a benefit to the City by a sharing of the sales tax.
Only a five year CUP is being requested which allows the City to
keep a "leash" on the project. He is recommending the project for
all the benefits it will bring as well as others that will be
mentioned.
Phil Schwartze, Planners for the project. The biggest concern he
has heard expressed is the visual impact. They have tried to make
sure those were mitigated-to the greatest possible extent with
landscaping, walls, etc. No matter what part of the project one
views, they will see landscaping or a wall with very aesthetic
treatment. It would be necessary to get all the way inside the
project before seeing anything that would not be neat or tidy.
(He showed a slide which depicted how the project would look
viewing it from the outside as well as briefing the posted site
plan of the proposed project both in Stanton and in Anaheim.) The
Anaheim Planning Commission worked diligently with them through
five hearings. The Planning Director from Stanton is also present
tonight to share what the Stanton City Council has done.
Mark Lloyd, Planning Manager, City of Stanton. He gave an
overview of the actions that occurred in Stanton during
consideration of this item both by the Planning Commission and
City Council starting in June to the present resulting in the
final approval of the project by the City of Stanton.
Mayor Daly entered the Council Chamber. (8:35 p.m. )
PUBLIC DISCUSSION -
IN FAVOR:
The following people spoke in favor of the project. (Comments are
summarized ):
June Akin0, 8225 Joshua, Buena Park. She is the former owner of
the adjacent mobile home park. During her ownership and
management, PYP operated next door and they were good neighbors.
When there was a problem, PYP responded and corrected the
situation. She feels that the majority of the residents within
the park are being influenced to oppose the reopening of Pick Your
Part. She feels the owner of PYP is offering to the City a
greater approved yard, a clean and quiet operation with economic
benefits to the City and to other businesses as well as good jobs
for the community.
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City Hallt Anaheim, California - COUNCIL MINUTES - OCTOBER 26t 1993 - 5:00 P.M.
Pam Akino, 10191 Beach Boulevard, Stanton. For 16 years, Pick
Your Part has been their neighbor since they opened and they could
not ask for a better neighbor. When any problem arose, management
listened and solved the problem. They need the revenue. The
business should be given a chance.
Dale Fullerton, 318 N. Colorado, Anaheim. He owns the business in
Stanton. He has seen the PYP facilities in Wilmington one of
which is similar but not state of the art as the one proposed. It
is something Orange County needs. It will offer employment
opportunities for citizens of Stanton and Anaheim. It is not a
junk yard. Ail of the concerns have been mitigated.
Joan Thomas, Executive Director, Stanton Chamber of Commerce. She
represents a board of 15 people. The Chamber fully supports and
strongly urges the Council to allow the project to proceed as
planned.
Steve Manzera, he is present representing several towing companies
based in Anaheim. They need a local auto recycling business like
Pick Your Part in order to keep the City's streets clear of
abandon and unwanted vehicles. PYP is highly respected and have
treated them fairly. They are asking the Council to give them a
chance.
PUBLIC DISCUSSION -
IN OPPOSITION:
The following people spoke in opposition of the project. (Comments are
summarized ) .-
Linda Wagner, Anaheim Mobile Home Estates. She lives three feet
from Pick Your Part. She opposes the business as well as a lot of
people in the park. Cindy Galfin has spoken with her on several
occasions. They talked about offers but there was nothing in
writing. She went to all the meetings except the last one. They
do not want a junk yard next to them. They will have a crane.
They will crush cars. The mobile home park is now a family park
and people work all different hours. There are enough junk yards
and they do not need more.
Ed Allen, 8171 Bever Place, Stanton. He gave the history of the
property starting 30 years ago to the present which permitted a
wrecking yard on the property. When Pick Your Part was operating
there, there were many problems. They were surprised to hear the
former owner say PYP was a good neighbor. He then relayed some of
th~ pr0bl~m~ ~xp~ri~ne~d ~ueh a~ t~affie, p~0pl~ throwing p~r~
over the wall into the mobile home park to avoid paying for the
parts and subsequently trying to retrieve them, odors, water
draining onto the park property during rainy periods, the problem
of dumping oil into the ground etc. If allowed, it will have a
detrimental effect on the quality of life for over 200 families.
When he was gathering signatures against the use, no one was in
favor of PYP coming back.
Kathryn Avil, resident of Anaheim Mobile Home Estates. Petitions
in opposition were presented at the first meeting with 172
signatures. Subsequently, 162 cards were sent against the
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C£~¥ Hall f Anahe£mr Cal£forn£a - COUNCIL NINtJTES - OCTOBER 26f 1993 - 5:00 P.M.
proposal. Letters were also sent with 190 signatures opposing the ,
business. One time they picketed Beach Boulevard. They have
tried to express themselves in every way possible. There are a
lot of older residents in the park who lived there when Ms. Akino
owned the park and they could relay the problems experienced
relative to noise, odors, etc.
Mary Turiniza, 3050 W. Ball Road #7. Many seniors live in the
park and they deserve consideration.
Jewel Whittle. She has lived in the park since 1966. She also
reported on people throwing parts over the fence and retrieving
them from the mobile home park at night. The business has been a
nuisance to the residents. They are hoping the use will not come
back.
George Knarr, Anaheim Mobile Home Estates (8 years). The people
who are in favor of the business do not live in the area so are
not aware of the things that occur. After heavy rains, there is
an odor in the ground. Anaheim is expanding and beautifying. A
junk yard in the middle oF town is not a matter of pride.
Leona Kojundzich, Anaheim Mobile Home Estates (space 130). She
has been a resident for 9 years. Previously the park was all
seniors. Many are now 85 and 90. It has become a family park.
Many of the young people could not be present tonight. She is
very concerned about the environment. There are people who cannot
open their windows in the back of their homes. The Planning
Commission did a fine job and called the project what it is, a
junk yard.
Len Greener, representing the owners of Anaheim Mobile Estates and
~also the residents of the park. There is no question that PYP has
gone the extra mile and what they have proposed is a first class
operation. It is also an important operation and serves a
necessary function, but it is still an industrial use. Instead of
concentrating on how to make the use safer and more aesthetically
pleasing, they hope the Council will think about imposing an
industrial use within 36 inches of homes that are properly located
in a residential zone. Ail of the property owners should be able
to rely on the integrity of the City's general plan. It is
reasonable to assume that the ultimate use of the property would
be commercial and residential. To say that the mobile home
owners/residents knew there was a junk yard there is not fair and
true. It is as much a residential neighborhood as any other. It
is not marginal housing to be found adjacent to an industrial
area. There is no comparable zoning nearby. They are asking that
the standards that protect property values and the rest of the
City be applied to protect the property values of Anaheim Mobile
Estates.
Unidentified Speaker. She and her husband have lived in the park
for 15 years and hope to continue living there for another 10.
These are not small trailers or temporary housing but homes, some
worth $102,000. They are the kind of people who are a benefit and
credit to the community. They have a crafts group that does
$5,000 worth of charity a year. They feel a responsibility for
the community.
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Cit Hall Anaheim California - COUNCIL MINUTES - OCTOBER 26 1993 - 5~00 P.M.
Sb*MMA~ION/REBUTTAL
BY APPLICANT (summarized)
Cindy Galfin. This is not a junk yard but a state-of-the-art auto
recycling facility. She then answered the concerns expressed
noting in particular that they gave up 5 feet of valuable land to
create a buffer between the mobile home park and Pick Your Part.
There is now 8 feet with the newer coaches as a buffer and with
some of the older coaches they actually have a back yard where
there is 20 feet. They have gone out of their way to do what they
can to appease and accommodate the residents to make the project
work for everyone in the community. There are extensive setbacks
on Beach Boulevard as well as at the rear and side of the mobile
home park. There is no crushing or compacting of vehicles. They
have stated that from the beginning. Cars will be shipped out and
compacted at a heavy industrial site. They also have the
responsibility of cleaning up 50 years worth of auto wrecking and
have been there only 6 years. They started draining all fluids.
Years ago, there were no regulations and people used to dump
fluids on the ground. Immediately upon approval of the project,
they have bank financing in line. They have already contracted
with a company to come and remediate the soils. That will
eliminate odors from the grease that has existed there for 50
years. Once cleaned up, it will be a paved and lined facility.
Comments were made that there was nothing in writing. It is there
and it is also indicated on the posted plans. The 5 foot buffer
is there and the security provisions are in the Stanton
Development Agreement. They have done everything possible. They
have resolved the problem of parts being thrown over the fence
with a buffer - there is a 10 foot wall and a paved parking lot.
Fluids will be drained in the building and contained in an
underground storage tank and recycled on a regular basis.
Graffiti is a major problem in every city and they have agreed to
remove any graffiti within 24 hours of its presence. They have
also agreed to work with Mr. Poole to help with the gang and
graffiti program which they already do in Los Angeles and
Wilmington. This is a first class operation. As an officer of
the company, she guarantees they will perform and will be there.
She is an employee and not a consultant. She has been with PYP
for 15 years and will continue to be there.
Ms. Galfin then answered questions posed by Council Members
relative to landscaping, what one wall see when viewing the
facility from Beach Boulevard, confirming there will be no crane,
no crushing of vehicles, no shredding, they are only operating
with three 6,000 pound Caterpillar forklifts, a clarification of
~he ~£oeane~o boe~oon tho mobil~ hom~ Dark residents aB~ ~h~
facility, that noise studies have been done and based on the type
of equipment to be used, noise has been mitigated, hours of
operation, etc. They will be operating 8:00 a.m. - 6:00 p.m.,
Monday through Friday, 12:00 noon to 6:00 p.m. on Saturdays and no
operation of vehicles on Sundays as well as no towing into the
facility on Sundays. She clarified they will be open on Sundays
but there will be no towing of vehicles or operation of any
equipment. They also have in-house security and sometimes outside
security. In house will be 24 hours a day. In Stanton
presentations, they agreed to do additional security in the
evening for the mobile home park tenants.
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C£t¥ Hall r A_-ahe£mr Cal£~orn£a - COUNCIL MINUTES -OCTOBER 26r 1993 - 5:00 P.M-
STAFF INPUT:
Greg Hastings, Zoning Division Manager. Answering Mayor Daly explained there
is a condition of approval recommended by staff, Condition No. 4 in the staff
report, which requires PYP to hire and maintain security personnel to prevent
the parking area from being used by customers for automotive work during
operating hours.
Joel Fick, Planning Director. He explained for the Mayor that Condition No.
16 would require that the facility be subject to monthly inspections by Code
Enforcement during the entire operation with the cost to be borne by the
operator. That condition has been appIied before on other projects. He also
clarified that the reclassification request was withdrawn by the applicant
during the Planning Commission hearing process.
Mayor Daly. There was an appeal on this project and the staff report was
written prior to the appeal. He feels they need to clarify exactly what is
being requested and what staff might want to request in the way of conditions
before final action.
Joel Fick. The staff report outlines their recommendation. In terms of
clarification on items that have come up today, one of the requests by the
applicant was related to time of operation, that rather than five years, that
it be 5 years from the Certificate of Occupancy (COP). In the event the
Council approves the project, he feels it is something they could work with
but suggests that it be further worded to be 5 years from the date of
certificate of occupancy but in no event longer than 6 years or the time
authorized by the City of Stanton Development Agreement. He confirmed for
Council Member Feldhaus that the applicant could begin to make preparations to
clean up the property prior to that.
City Attorney White. The Council may wish to address with the applicant the
issues that the Planning Director discussed with respect to revenue sharing.
The testimony and the development agreement with Stanton indicates there would
be a 50-50 sharing of local tax revenues from 'the project. Because the
Development Agreement is not being proposed with Anaheim, it would be
necessary that the conditions of approval refer to that revenue sharing and
any other types of revenue production tO the City of Anaheim from this
project. Condition No. 5 is directed at the local sales tax sharing. He
would suggest that they discuss that further in line with the testimony and
the Development Agreement in place with Stanton to indicate it is a 50-50
split. If the applicant would stipulate, they would further provide in the
condition that the applicant would take all reasonable means and steps
necessary to facilitate the City of Anaheim receiving its 50% share of such
sales taxes including facilitating an agreement between Anaheim and Stanton
for the sharing of those taxes. He believes it is consistent with the
development agreement in place with Stanton. Something that has no= been
discussed that is in the Stanton ~ortion of the project is a recycling fee of
$5 a vehicle. He does not know if the Council would be interested in
discussing that with the applicant and whether it would be appropriate with
regard to the Anaheim portion of the project.
Mayor Daly. Although this project may be consistent with the general plan,
there are various situations and predicaments like this in various parts of
Anaheim. He asked staff how realistic is it to expect this property to
conform with the general plan when it has been fundamentally an industrial use
for so long. He asked what they really expect to happen on the property.
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City Ball, ~naheim, California - COUNCIL MINUTES - OCTOBER 26, 1993 - 5:00 P.M.
Joel Fick, Planning Director. The general plan designation for the property
is general-commercial. There is a mixture in the rear portion. It could be
iow-medium density residential. The original proposal which included a zone
change to industrial posed a lot of concerns to staff and the Planning
Commission and was dropped during the Planning Commission proceedings. The
prior land use on the property has been or was an existing non-conforming use
- a dump that was approved in the County and subsequently annexed to the City.
In terms of prospects for the future, the response given when it was discussed
before, they have tried to market it for commercial-land use and their
proposal with the time limitations is that this is an interim land use. It is
4.5 acres on a major street through Anaheim and commercial prospects for the
long term seem quite high. The general plan designation would seem to be
appropriate. Mr. Fick then answered additional questions posed by the Mayor
especially relative to possible future use of the property and also regarding
the fact that there are presently conditions and mitigation measures that
require remediation of the site now. There will be some enhancements made
right away.
Council Member Pickler. This is a 5 year CUP. The economy is not going to
get any better at least for the next three years. With a CUP and the numerous
conditions attached to this project, he believes the City has ultimate control
over it. He has talked to both opponents and proponents. Ms. Galfin proposes
to put in a hotline and if there are any problems, she will handle them. What
is being proposed is quite an improvement over what is presently existing. He
is mindful of the concerns of the residents. They do not want a junk yard
adjacent to them. The applicant has done everything the Planning Department
and Planning Commission has asked them to do. After five or six years, they
have to reapply for another CUP. He feels this project deserves approval.
Joel Fick. He clarified that there is a condition which requires a public
hearing review following the time limit of the CUP.
Mayor Daly. The City Attorney has laid out a framework which he is going to
put forward, that staff proceed as though the project is going to be approved
and bring back all the recommended conditions and comments - the sales tax
revenue sharing, the possibility of a fee per car, any environmental issues
staff would like to bring up, etc.
He reiterated because of the way this has come to the Council where the staff
report was written prior to the final Planning Commission hearing and the
manner in which the applicant has appealed, he wants to make sure all the
conditions are tied together in one package. He thereupon offered the
following motions:
A) Certifying that Final EIB No. 312 ie in compliance with
CEQA and the State and City CEQA Guidelines~ that the City
O~uneil ha~ r~vi~w~d and e~n~id~r~d ~h~ information in ~inal
EIB No. 312 for the proposed project and reviewed evidence
presented, both written and oral, to supplement Final EIR
No. 312.
Approving the Statement of Finding of Facts as set forth in
Attachment A (of the staff report) including revisions
incorporated into the original Planning Commission motion for
approval, and further find:
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City Hallt ~-aheimt California - COUNCIL MINUTES - OCTOBER 26~ 1993 - 5:00 P.M.
(1) That there is no evidence that the proposed project
will have potential for adverse effect on wildlife resources
or the habitat upon which the wildlife depends and,
(2) That Final EIR No. 312 reflects the independent
judgement of the City.
Adopting the Statement of Overriding Considerations and Mitigation
Monitoring Plan No. 69 as noted in Attachments B and C of the
staff report, including revisions incorporated into the original
Planning Commission motion for approval.
B) Approving a waiver of the code requirement pertaining to
maximum fence height based upon findings contained in paragraphs
27 and 28 of the October 20, 1993 staff report.
C) That staff prepare a proposed resolution for City Council
consideration approving Conditional Use Permit No. 3608
incorporating the revisions to the conditions of approval as
identified in the original Planning Commission motion for approval
and the additional conditions discussed this evening and that this
matter be reagendized for resolution approval in two weeks.
Council Member Hunter seconded the motions.
Council Member Pickler asked when this matter comes back to them in two weeks
if they have to have another hearing.
City Attorney White. He answered no. Staff will be preparing conditions that
have not been seen by the applicant, but the applicant would have an
opportunity to comment upon, concur with or object to the proposed conditions
at that time.
A vote was then taken on the foregoing motions. MOTIONS CARRIED.
City Attorney White. He confirmed that no additional public testimony will be
taken when this matter returns to the Council in two weeks.
C5. COUNCIL COMMENTS:
108: PROPOSED VEHICLE FEE:
Council Member Pickler. Relative to the discussion they had in the Pick Your
Part hearing wherein a $5 fee is to be assessed in Stanton for each car coming
in to the facility, he asked the possibility that if there is a similar
situation in Anaheim, that such a fee be considered for those businesses as
well.
ADJOURNMENT: By General Consent the Council adjourned. (9:55 p.m. )
LEONORA N. SOHL, CITY CLERK
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