1993/11/30City Hail' Anaheim, California - COUNCIL MINUTES - NO--ER 30, 1993 - 5:00 P..M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
UTILITIES GENERAL MANAGER: Edward Aghjayan
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 2:45 p.m. on November 24, 1993 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Daly called the meeting to order at 3:00 p.m.
REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items:
a. To confe, r 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.
Edwards vs. City of Anaheim, et al. Orange County Superior Court
Case No. 70-31-29.
Adams International Metals Corp. et al, vs. City of Anaheim,
Orange County Superior Court Case No. 69-97-13.
Barajas vs. City of Anaheim, Orange County Superior Court Case
No. 69-70-09.
DeWitte vs. City of Anaheim, Orange County Superior Court Case
No. 71-15-83.
Amer Elrousan, dba Sahara Theater, orange County Superior Court
Case No. 70-08-13 and 71-08-42.
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 the Redevelopment Agency's Real Property
Negotiator concerning acquisition or disposition of certain
real property interests for property located generally at the
Anaheim Plaza owned by California State Teacher's Retirement
System.
d. To meet with and give directions to its authorized representative
regarding labor relations matters - Government Code Section
54957.6.
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Hall~ Anahe~lm~ Cal£forn£a - COUNCIL MINUTES - NOV'~___ ER :30~ 1993 - 5:00 P.M.
e. To consider and take possible action upon personnel matters
pursuant to Government Code Section 54957.
f. To confer with its attorney regarding potential litigation
pursuant to Government Code Section 54956.9 (b) (1).
g. To consider and take possible action upon such other matters
as are orally announced by the City Attorney, City Manager,
or City Council prior to such recess unless the motion to
recess indicates any of the matters will not be considered in
closed session.
MOTION.. On motion by Council Member Pickler, seconded by Council Member Daly,
the City Council by unanimous vote of the members present waived the
applicable agenda posting requirements pursuant to Government Code Section
54954.2(b) (2) and added the following matter to the closed session portion of
the City Council agenda upon a finding that the need to consider and possibly
act upon such matters arose subsequent to the agenda being posted:
h. To meet with the City's Real Property Negotiator concerning the
disposition of certain real property interests owned by the City
and located south of the Jolly Roger Hotel to the Edward Thomas
Companies.
By general consent, the Council recessed into Closed Session. (3:00 p.m. )
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(5:25 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 - RECOGNIZING CITY UTILITIES C.~_RW FOR PROMPT ASSISTANCE:
The following representatives were present from the Delco Remy Company -
Mike Julius, A1 Wichmann, Fred Imhoff, Carol Williams - to express their
appreciation to the City's Utilities Crew, specifically Dave Allergame and
Fred Hoppe. These gentlemen along with other staff came to the assistance of
Delco Remy on August 15, 1993 when their main transformer failed during start
up. If not for the quick response for help by these gentlemen, this could
have resulted in days of down time. Due to the prompt action of City staff
the company did not miss a single customer order or shipment. On behalf of
General Motors, they presented a plaque to Mr. Steve Albright, Systems
Operation Manager of Public Utilities. Mr. Albright accepted the plaque on
behalf of all the employees involved.
Mayor Daly also noted that this year, Delco Remy will have produced 75 million
batteries at their plant on Brookhurst. He thanked the representatives of the
company for being long-time members of the Anaheim Community.
119: DECLARATION OF RECOGNITION.- A Declaration of Recognition was
unanimously adopted by the City Council and presented to Charles and Florence
Henderson who were accompanied by Reverend Adam McCoy of Saint Michael's
Episcopal Church recognizing the church for its "Feed the Hungry" program now
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in its third year. Mr. Henderson explained the program and Reverend McCoy
elaborated upon the fact that it is run by truly dedicated volunteers such as
Mr. and Mrs. Henderson.
Mayor Daly and Council Members commended the Hendersons and Saint Michael's
for providing such a valuable program to the community and for their
dedication to it.
119: PRESENTATION- CALIFORNIA HEALTHY CITIES PROJECT'S SMALL BUSINESS
POLLUTION PREVENTION AWARD:
Recognizing the Public Utilities and Fire Departments as recipients of the
California Healthy Cities Project's Small Business Pollution Prevention award.
Mr. Gregory Schaffer, representing the California Healthy Cities project
presented the award to Ed Aghjayan, Public Utilities General Manager and Jeff
Bowman, Fire Chief on behalf of the City. Mr. Schaffer noted that the award
is only one of five they are giving this year from over 40 applicants. He
then explained the details of the program.
County Supervisor Bill Steiner (4th District which includes the City of
Anaheim). This recommendation points to what a dynamic city Anaheim is even
in these difficult economic times where they apply their leadership to
balancing environmental concerns with the needs to create a good business
climate. He feels a special pride in the fact that Anaheim is the only City
in Orange County to receive this award. Anaheim has recognized the importance
of both environmental protection and economic viability to the community. In
so doing, they have taken a very proactive approach and formed this public-
private partnership of local businesses to protect both the environment and
jobs. He then elaborated on what the program had accomplished. Anaheim's
successful program is an indication of the impact that local government can
make on the community at large by forging public private partnerships in an
effort to enhance both business competitiveness and the environment. He
congratulated the City on this achievement.
Mr. Schaffer then asked Mr. Aghjayan and Bowman to assist him and subsequently
presented the award to the Council on behalf to the City.
THE FOLLOWING WERE RECOGNITIONS AUTHORIZED BY THE CITY COUNCIL THIS DATE TO BE
MAILED OR PRESENTED AT ANOTHER TIME:
Recognizing December 1, 1993, as World AIDS DaF in Anaheim
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,866,294.20 for the
period ending November 22, 1993 and $2,512,722.38 for the period ending
November 29, 1993, in accordance with the 1993-94 Budget, were approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (5: 43 p.m. )
Mayor Daly reconvened the City Council meeting. (5:48 p.m. )
ITEMS OF PUBLIC INTEREST=
Nancy Long, 547 Century Drive, Anaheim, 92805. In conversation recently with
her neighbors, she is finding several concerns all with a common thread. The
law abiding citizenry are at the mercy of the scofflaws. She explained her
concerns revolving around the playing of loud music and the ineffectiveness of
the City's current ordinances in this regard. She relayed a specific incident
where over the three hours with four calls to the Police Department, the
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ultimate solution by the Police desk sergeant was that they would have to
perform a citizens arrest. They declined because of the obvious risk and
concern for their safety. Thus, they had to endure five hours of auditory
assault. Because of this untenable situation, she requested the following:
(1) That the Council direct the City Attorney to amend Ordinance
No. 5337 - the "party" ordinance to eliminate the hours of
10:00 p.m. to 6:00 a.m. and make it instead 24 hours to make
it possible for the Police to warn party goers before
10:00 p.m. that they are disturbing the neighborhood. It
should also apply to organizations who sponsor parties at
rented facilities which are located in residential areas.
(2) Rewrite the noise ordinance so it is not necessary for
offended citizens to hire a sound engineer or for the Police
to carry noise meters for monitoring purposes. The language
of the party ordinance should be the guideline.
Mayor Daly. They will ask the City Attorney to evaluate both requests. He
notes that Police Chief Kennedy is in the audience and has undoubtedly, taken
note of the concerns expressed.
Council Member Pickler. He suggested instead of having the attorney review
the ordinances, that they put the matter on a Council agenda for discussion
purposes so that the Council could make modifications as they see fit.
Mayor Daly. He would like the City Attorney to first evaluate the matter so
that the Council can then see what the alternatives are. He feels when
modifying ordinances, it is better to have the City Attorney first evaluate
the existing code, report what State law says, what the City's options are,
etc. and present those to the Council for subsequent direction.
City Attorney White. His intention is to give. the Council a report and at
that time if a Council Member wishes to agendize a possible ordinance, they
will have the opportunity to do so. He expects to have a report back in two
weeks.
Dale Stanton, 1509 Harley, Anaheim. He concurs with Mrs. Long relative to
noise issues. For two weeks, he has listened to an automatic alarm in a 4 X 4
vehicle that goes off every 15 minutes 7 days a week. He is getting very
tired of listening to it and, if necessary, he will take care of the matter
himself. These alarms have got to stop.' They ring for at least 10 minutes
and nobody ever goes out to check or to stop them. They need to be stopped or
there needs to be an ordinance so they can be stopped.
Mayor Daly. They will have the City Attorney incorporate a study and analysis
of these situations as well in the report to the Council on the noise and
party ordinances.
Leonard Lahtinen, 2731W. Savoy, Anaheim. He is angry about a phone call he
received a few days ago. He was called by a person who identified herself as
representing Citizens for Safe Streets in Anaheim and asked if he favored
adding 120 more police officers. As the conversation went on, it became
obvious this was a cover up for a gambling operation that wants to get into
the City. He is offended by their approach. In some cases, they are
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City Hall, _A~__aheim, California - COUNCIL MINUTES - NOVEMBER 30, 1993 - 5:00 P.M.
identifying themselves as representing an entertainment center - in others,
Citizens Committee for Safe Streets and in some cases they are directly
transferring calls to those who respond positively to City Hall to City
employees who probably do not understand what they are being approached about.
A poll being taken in this City by gambling interests should be straight
forward and up front - who are they, how much money is being spent, where are
they getting the money to promote gambling in Anaheim? He would like to try
to flush them out and confront them. The second reason he is present, he
knows the Council is going to be approached with this if they have not already
to gain support for their program. He hopes the Council will convey to them
that the citizens of Anaheim deserve to be dealt with in a straight forward,
up-front manner and not in an underhanded and subversive manner.
Mayor Daly. The Council has been on the receiving end of those types of
calls. If the people express support for the Anaheim Entertainment Center
which is not described as a card club, they are patched straight through
electronically to City Hall. There have been City employees on the receiving
end as well as Council Members and it is not a straight forward approach. A
proposal has been received by City staff. He understands it is under review
and believes that in the very near future the Council will either dispose of
the item or make whatever decision the Council is going to make. He for one
has expressed his feeling - he is opposed to this card club proposal and
shares the resentment over the techniques being employed.
Council Member Hunter. He concurs. He does not believe there are enough
votes on the Council and he understands they are getting a decision from the
legislative body in Sacramento that if someone wants to come to the City to
make a proposal, it should go to a vote of the people and not the Council as
they did in Stanton and Los Alamitos (later corrected to Cypress) and in both
cities the voters by a 5 or 6 to 1 margin said no. He feels the Council ought
to be up front and say no, they are not even looking at it and asked that they
do not even bring it here and that will be the end unless the proponents want
to do it the American way and get a petition initiative and vote of the
people. Council Member Simpson's idea is that the item be agendized and at
that time can be put to bed.
MOTION: Council Member Hunter moved that the Council agendize the proposal
submitted to the Council (see letter dated November 3, 1993 from Southland
Entertainment for the Council to vote on). Council Member Simpson seconded
the motion.
Before further action was taken, Mayor Daly asked that it be placed on the
next possible agenda so that it can be disposed of. It is very unusual in
that a letter was sent to the Council and City Manager. It is not a usual
development proposal where the developer files paperwork with the Planning
Department and proceeds through the various steps. He asked how such an item
can be dealt with on a public agenda.
City Attorney White. One of the things the Council may wish to consider is
the public expectations that may be raised as a result of agendizing the
matter.
He can envision a very large crowd present in the Council Chamber. Ail those
people would desire to speak if given the opportunity. There is no
application pending on which the Council is being asked to take a position or
. action. If they would like to agendize it, they can do so by simply placing
it on the agenda as a matter of expressing either favor or opposition to
gaining clubs in Anaheim. There is no actual application they would be voting
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on. There may be some fear raised in the public's mind that there is actually
to be an approval of a club if it appears on the agenda.
Mayor Daly. It may be best to deal specifically with the request contained in
the letter. That request is that the Council adopt an ordinance which would
allow gaming in Anaheim- not dealing with a specific club.
Council Member Hunter. He feels what they are trying to convey is that there
are enough votes on the Council to say no to the letter of proposal given to
management and Council.
The City Attorney re-emphasized the fact that once they agendize the matter,
they must anticipate that there will be a large crowd to speak on it.
Mayor Daly. So as not to. waste a lot of people's time in terms of placing an
item on the agenda and many concerned citizens wanting to speak pro or con, he
asked why they could not just send a letter in response signed by himself or
anyone on the Council rejecting it. To be clear with the citizens who are
present, this is not a traditional development proposal.
City Attorney White. What the Council can do tonight since they received the
request, is to make a decision whether or not to agendize the matter. If the
majority chooses not to do so, it would seem to be tantamount that the Council
is not entertaining that application. If they want to make it a form of a
motion or if somebody wants to move to agendize the matter and there are not
three votes, it is a dead issue.
Mayor Daly. He explained for the audience that it takes majority vote of the
City Council to bring an item on the agenda~ therefore, if there is not a
majority vote to do so it dies. If that happens, the Council should
subsequently prepare a response by staff to the written proposal received just
as they would respond to any business.
MOTION: Council Member Hunter moved to agendize a Council response to letter
of November 3, 1993 from Southland Entertainment requesting that the Council
agendize and consider adoption of a proposed amendment to the AMC pertaining
to licensing of card clubs in Anaheim. The motion died for lack of a second.
Mayor Daly confirmed that the motion died for lack of a second~ therefore,
with the approval of the Council, he would like to ask staff to prepare a
response to the request received in writing a few weeks ago (see letter of
November 3, 1993 from Southland Entertainment requesting that the Council
consider adopting an ordinance that would allow gaming in Anaheim) that the
Council will not take up that request.
PUBLIC COMMENTS - AGENDA ITEMS:
Public input received on Items Al0, A13, A15, A19 (see discussions under those
items ).
MOTION: Council Member Daly moved to waive reading in full of all ordinances
and resolutions to be acted upon for the Council meeting of November 30, 1993,
1993. Council Member Simpson seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member
Pickler, seconded by Council Member Daly, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar~ Council Member Pickler
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City Hall, .Anaheim, California - CO~NCXL MINUTES - NOVEMBER 30, 1993 - 5:00 P.M.
offered Resolution Nos. 93R-224 and 93R-225 for adoption and offered
Ordinance No. 5408 for adoption. Refer to Resolution/Ordinance Book.
Al. 118: The following claims were filed against the City and action taken
as recommended:
Claims rejected and referred to Risk Management.'
a. Claim submitted by Thomas L. Klos for property damage sustained
purportedly due to actions of the City on or about October 4, 1993.
b. Claim submitted by Raymond Doty, c/o C. Brent Scott, Esq., for bodily
injury sustained purportedly due to actions of the City on or about June
7, 1993.
c. Claim submitted by Rosalie Koire for property damage sustained
purportedly due to actions of the City on or about October 5, 1993.
d. Claim submitted by the State of California Department of
Transportation-Legal Division Office, attn: Michael A. Cacciotti, for
indemnity sustained purportedly due to actions of the City on or about
August 16, 1993, in the case Donald Jackie Glenn et. al. vs. State of
California, et. al. OCSC No. 71-23-09.
e. Claim submitted by Roger and Barbara Allensworth for property damage
sustained purportedly due to actions of the City on or about October 4,
1993.
f. Claim submitted by Universal Insurance, Claims Department, Insured:
Jose Carters, for property damage sustained purportedly due to actions of
the City on or about June 16, 1993.
g. Claim submitted by Hector Arturo Torres Arango, c/o Vincent J. Russo,
Esq., for bodily injury sustained purportedly due to actions of the City
on or about June 1, 1993.
h. Claim submitted by Robert L. Burdick for property damage sustained
purportedly due to actions of the City on or about October 5, 1993.-
i. Claim submitted by Toni Dawson for property damage sustained
purportedly due to actions of the City on or about September 8, 1993.
j. Claim submitted by N01vert0 T. Diaz for pr0Derty damage sustained
purportedly due to actions of the City on or about July 15, 1993.
k. Claim submitted by Cynthia Dianne Dans-Cole for property damage
sustained purportedly due to actions of the City on or about September 17,
1993.
1. Claim submitted by Ramiro Goicochea, c/o Kirk B. Bernard, Esq., for
property damage and bodily injury sustained purportedly due to actions of
the City on or about August 4, 1993.
m. Claim submitted by Griffith Company, c/o Bruce C. Davis, Esq., for
indemnity sustained purportedly due to actions of the City on or about
July 27, 1993, in the case Donald Jackie Glenn et. al. vs. State of
California, et. al. OCSC No. 71-23-09.
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C£ty Hall, Anahe£m, California = COUNCIL MINUTES - NOVEMBER 30, 1993 - 5:00 P.M.
n. Claim submitted by Venis Hall for property damage sustained
purportedly due to actions of the City on or about August 28, 1993.
o. Claim submitted by January Investors for property damage sustained
purportedly due to actions of the City on or about March 20, 1993.
p. Claim submitted by Arcelio and Andrea Josiah for property damage
sustained purportedly due to actions of the City on or about July 8, 1993.
q. Claim submitted by Milton McGill, c/o Emanuel K. Hudson, Esq., for
property damage and bodily injury sustained purportedly due to actions of
the City on or about May 30, 1993.
r. Claim submitted by Mercury Casualty Company, attn: Michelle
Dilami-Flores, Insured: Sandra Avila, Claim No. 6 J1908-75, for property
damage and bodily injury sustained purportedly due to actions of the City
on or about May 27, 1993.
s. Claim submitted by Frances Mooney for bodily injury sustained
purportedly due to actions of the City on or about August 1, 1993.
t. Claim submitted by Peggy F. Portias for property damage sustained
purportedly due to actions of the City on or about September 15, 1993.
u. Claim submitted by Denise A. Regan for property damage sustained
purportedly due to actions of the City on or about April 13, 1993.
v. Claim submitted by Linda L. Rolando for property damage sustained
purportedly due to actions of the City on or about September 30, 1993.
w. Claim submitted by Patrick James Ryan, c/o Lenton Aikins, Esq., for
bodily injury sustained purportedly due to actions of the City on or about
October 11, 1993.
x. Claim submitted by Sergio Humberto Salazar, c/o Rolf J. Rolnicki,
Esq., for bodily injury sustained purportedly due to actions of the City
on or about March 28, 1993.
y. Claim submitted by Gary Trenton for property damage sustained
purportedly due to actions of the City on or about September 23, 1993.
z. Claim submitted by Pat Weber for bodily injury sustained purportedly
due to actions of the City on or about May 29, 1993.
aa. Claim submitted by William D. Young & Sons, c/o Richard R. Therrien,
Esq., for-indemnity sustained purportedly due to actions of the City on or
about July 15, 1993, in the case Plaza Landscaping, Inc., et. al. vs.
Anaheim Redevelopment.
Application for leave to present late claim denied:
a. Application submitted by Nicholas J. Bouse, c/o William C. Kersten,
Esq., for bodily injury sustained purportedly due to actions of the City
on or about February 13, 1993.
A2. 156.' Receiving and filing a Monthly Return of Offenses Known to the
Police for the month of October, 1993.
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105: Receiving and filing a Disclosure of Property Interests in Redevelopment
Areas submitted by Julie Mayer.
114: Receiving and filing Resolution No. 93-118 from the City of Carson in
support of public safety and reform of State. Government.
173:: Receiving and filing Notice of Proposed Rate Increase Filing Application
No. 93-11-004 with the California Public Utilities Commission by Southern
California Gas Company to raise its rates to cover the cost of continuing its
Natural Gas Vehicle Program.
173: Receiving and filing correspondence from Southern California Edison
Company regarding Partial Verification of Compliance With Rule 24, A. 93-05-
044 - Notice of Certain Governmental Officials for filing with the California
Public Utilities Commission.
A3. 167: Awarding the contract to the lowest responsible bidder, Peek
Traffic/Signal Maintenance, Inc., in the amount of $65,585 for Energy
Efficient Signal Program Pedestrian Traffic Signal Facilities at various
locations~ and in the event said Iow bidder fails to comply with the terms of
the award, awarding the contract to the second iow bidder, as well as waiving
any irregularities in the bids of both the low and second low bidders.
A4. 101: Rejecting all bids for the Douglass Road North Parking Lot
Clearing, Grubbing, and Interim Grading Phase I project.
AS. 160: Accepting the bid of Simon West Coast, Inc., in the amount of
$154,554 for two electrical troubleshooter trucks, in accordance with Bid
$5197.
A6. 160: Accepting the low bid of Buena Park Wholesale Electric, in an
amount not to exceed $23,512.50 for 15,000 feet of 600 volt URD secondary
wire, in accordance with Bid $5198.
A7. 123: Approving a First Amendment to Agreement with Schlumberger
Industries, Inc., Water Division, to clarify and more accurately reflect the
costs of work performed to test, repair and/or replace water meters.
Council Member Feldhaus. When something like this comes before the Council,
he would like to see comparisons of the amendments to the original agreement
so that he would know what the difference in costs are between having an
outside contractor vs. in house.
City Manager Ruth. These are amendments to existing agreements and there is
no increase in cost. Staff will be glad to provide the information in the
future.
A8. 128: Receiving and filing the Monthly Financial Analysis presented by
the Director of Finance for two months ended August 31, 1993.
Ag. 123: Approving the Seventh Amendment to Representation Agreement with
Spencer Sports Media, Inc., for sales of advertising at the Anaheim Convention
Center through March 31, 1998.
Al0. 153: RESOLUTION NO. 93R-224:. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING PERSONNEL RULE 33 AS SET FORTH IN RESOLUTION
NO. 90R-153 PERTAINING TO POST-RETIREMENT MEDICAL BENEFITS (FOR SAFETY
MANAGEMENT EMPLOYEES ) .
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Phil Knypstra, 2520 Gelid Avenue, Anaheim. He is not opposed to this item
because he feels they deserve to be treated as others. When they do negotiate
issues, they should not overlook this important and costly benefit. They will
pay up to 95% coverage for employee and spouse. What surprises him most about
this rule is the special treatment City Council Members are given. After
serving only 1 term, 4 years, if they qualify for PERS, they will be eligible
for 75% of the total cost for two party coverage for life. Not only is this
the only City that does it, but school boards do it. However, he questions if
it is justified - are City Council Members more special than regular
employees.
Council Member Daly voted no on this item.
All. 123: Approving an Agreement with Feedback Foundation, Inc., dba.'
Project T.L.C., in the amount of $32,724 in order to provide nutritional and
social services to senior citizens at designated sites in the community.
A12. 123: Approving a First Amendment to Agreement with Pedus Security
Services, Inc., to provide parking control officers to enforce parking
restrictions on street sweeping days.
A13. 175: Approving the expansion of the Dusk-To-Dawn Lighting Program to
residential customers, and extending the program to commercial and industrial
customers.
· 123: Approving an Agreement with E.W. Moon, Inc., for Contract Services for
the Dusk-To-Dawn Lighting Program, in an amount not to exceed $100,000, and
authorizing the City Manager to execute the Agreement and any related
documents.
Scott Stevens, 6003 Reed Avenue, Anaheim. He does not have a problem with
this item only a slight problem that it is offered to all residents and
businesses. It was first offered to areas of Iow income because of the crime
problem and the fact that most of the people could not afford to put the
lights in themselves. The real problem is with the $100,000 they plan to give
a contractor for his advice. This program has been run fantastically by
Utilities and Code Enforcement Officers, Vince Audet and John Poole. He does
not feel that the agreement is pre-requisite to saving a million in Utilities.
One hundred thousand dollars ($100,000) would hire another Police Officer.
Ed Aghjayan, Public Utilities General Manager. The $100,000 is to run and
staff the program in lieu of having to hire permanent, full-time people. It
is a short-term program - about a two year time frame. The same people will
be generally involved. Mr. Audet will be one. He is going to work for the
contractor. This is the most cost competitive bid received. If long term,
they would hire permanent employees. He reiterated, this is just short term.
There are so many requests not only from residents but commercial customers
that they cannot continue to expand the program without increasing the staff
capability. The most cost effective way is through contract services.
Answering Council Member Pickler, the telephone number, for those who need to
call for assistance, is 254-4250.
Al4. 123: Approving the Mutual Aid Agreement with the cities of Burbank,
Glendale, Pasadena, Alameda, Palo Alto and Santa Clara, for restoration of
electrical services in the event of an emergency; and authorizing the Public
Utilities General Manager to execute said Agreement and any other related
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documents as recommended by the Public Utilities Board at their meeting of
November 4, 1993.
A15. 175: Approving the FY 1994/95 to 1998/99 Five-Year Electric Underground
Conversion Plan with an estimated capital cost of $48 million.
Certifying that the adoption of the Electric Rates, Rules and Regulations is
statutorily exempt, under the California Environmental Quality Act, Public
Resource Code, Section 21080(b)(8), in accordance with Title 14 of the Code of
California Regulations Section 15273(a), and authorizing the City Manager to
execute, and the City Clerk to file a Notice of Exemption for same with the
Orange County Clerk.
R~_SOLUTION NO. 93R-225: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF
ELECTRICITY AS ADOPTED BY RESOLUTION NO. 71R-478 AND MOST RECENTLY AMENDED BY
RESOLUTION NO. 93R-178. (Authorizing and directing the Public Utilities
General Manager to prepare, promulgate, publish and implement changes to the
Electric Rates, Rules and Regulations to be effective January 3, 1994, and
January 2, 1995; and adopting the findings of the Public Utilities Board as
shown in Appendix A, increasing electric rates by 2.0% effective January 3,
1994, and 1.0% effective January 2, 1995).
Dick Clark. He is speaking on behalf of his employer, Rockwell, as well as
the Chamber of Commerce. Three years ago when the undergrounding program
began, Rockwell studied the matter long and hard and decided the program was
very worthwhile and they endorsed and supported it. In deliberations a year
ago, the Council chose to bypass the rate increase which was part of a 4-step
process for the undergrounding program. The Public Utilities General Manager
and staff have done a fine job of managing their department and costs and are
able to bring this back without additional rate increases but simply the rate
increase for the undergrounding program. He is present to support and endorse
this item. They feel it is a fine program. Anybody who sees the comparison
of what an area or street looks like before and then after, he is sure would
agree. He realizes they are embarking upon a many year program and they want
the City to continue the program. He is present to support it and hopes the
Council will as well.
Council Member Feldhaus. He wants to make sure the public understands the
rate increase is purely to cover the cost of undergrounding and not an
increase in costs for service. The Council approved this program in 1990 and
the time period for completion is approximately 40 to 50 years. It is being
done city wide. Customers at this time will not see an increase in their bill
because the 2% Utilities Users' Tax was sunset in September which will offset
any increase.
Al6. 123: Approving Agreements for towing services with Anaheim-Fullerton
Towing Company, Ben' s Towing, Inc., Orange County Towing Service, Dubois
Towing and Tri-Star Towing, and authorizing the Chief of Police to execute
said agreements.
This item was continued one week at the request of staff.
Al7. 156: Authorizing the Department of Maintenance to donate two retired
Police patrol vehicles to the North Orange County Police Academy,
Administration of Justice Department, located at Fullerton College.
855
C£ty Hall, Anahe£m, C&l£forn£a - COUNCIL MINUTES - NOVEMBER 30, 1993 - 5:00 P.M.
A18. 179: ORDINANCE NO. 5408 - ADOPTION= AN ORDINANCE OF THE CITY OF
ANAHEIM ADDING SUBSECTIONS 18.21. 040. 060 AND 18.61. 040. 060 TO SECTIONS
18.21.040 AND 18.61.040, RESPECTIVELY, OF CHAPTERS 18.21 AND 18.61 OF TITLE 18
OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (REMEDIATION OPERATIONS
PURSUANT TO STIPULATED JUDGMENT). (Introduced at the meeting of November 16,
.
1993. )
A19. 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 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 construction, maintenance and operation of a public parking
facility on property located north of the former County Transfer Station, and
west of Douglass Road (Site 3).
169: To consider construction of certain street improvements: Douglass Road
from Cerritos Avenue to north of Katella Avenue.
(Continued from the meeting of November 16, 1993, Item A23.
Colleen Wiley. She is present on behalf of Campanula Properties, owner of the
Orange Tree Mobile Home Park.
Mayor Daly. He believes the City Manager is going to request a continuance of
this item.
City Manager James Ruth. Staff is requesting an additional one-week
continuance.
At the conclusion of the Consent Calendar this matter was continued for one
week, to the meeting of December 7, 1993.
A20. 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.
A21. 114= Approving minutes of the City Council meeting held October 26,
1992, and minutes of th~ 2p~eial m~ting h~ld on N~v~mB~r 12, 1992.
Roll Call Vote on Resolution No. 93R-224 for adoptions
AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter
NOES: COUNCIL MEMBERS: Daly
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 93R-224 duly passed and adopted.
Roll Call Vote on Resolution No. 93R-225 for adoptions
AYES:
NOES:
COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly
COUNCIL MEMBERS: None
856
City Hall, Anaheim, California - COUNCIL MINUTES - NOVEMBER 30, 1993 - 5: 00 P.M.
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 93R-225 duly passed and adopted.
Roll Call Vote on Ordinance No. 5408 for adoption:
AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly
NOES: COUNCIL MEMBERS: None
ABSENT-. COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 5408 duly passed and adopted.
END OF CONSENT CALENDS. MOTIONS CARRIED.
A22. 137: PUBLIC HEARING - CALIFORNIA LUTHERAN HOMES FINANCING PROJECT -
MILLION CERTIFICATES OF PARTICIPATION ISSUE - JUNE, 1987:
This is a TEFRA hearing in connection with Certificates of Participation
refinancing, in accordance with the requirements of Section 147(f) of the
Internal Revenue Code of 1986.
Mayor Daly opened the hearing and asked to hear from anyone who wished to
speak including, any staff comments.
There was no public input offered.
City Attorney White. The purpose of this refinancing is to remove the City as
the financing conduit for the project. The City will be out of the loop which
will allow the bonds to be refinanced without the City's involvement.
Mayor Daly closed the public hearing.
Council Member Daly offered Resolution No. 93R-226 for adoption, approving an
Installment Purchase Financing to be undertaken by the California Statewide
Communities Development Authority to benefit California Lutheran Homes. Refer
to Resolution Book.
RESOLUTION NO. 93R-226: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN INSTALLMENT PURCHASE FINANCING TO BE UNDERTAKEN BY THE
CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO BENEFIT CALIFORNIA
LUTHERAN HOMES.
Roll Call Vote on Resolution No, 93R-226 for adoptions
AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 93R-226 duly passed and adopted.
ITEM B1 FROM THE ZONING ADMINISTRATOR MEETING OF NOVEMBER 22, 1993:
DECISION DATE: NOVEMBER 22, 1993 INFORMATION ONLY - APPEAL PERIOD ENDS
DECEMBER 2, 1993:
B1. 170: FINAL PARCEL MAP NO. 86-335, CATEGORICALLY EXEMPT, CLASS 5:
OWNER: Chevy Chase, Anaheim Partners, A California Limited Partnership,
401 North Brookhurst Street, Suite 200, Anaheim, CA 92801
857
City Hall t Anaheim~ California - COUNCIL MINIFTES - NOVEMBER 30~ 1993 - 5:00 P.M.
AGENT: Joseph Truxaw & Associates, Inc., 721 North Euclid Street, Suite
311, Anaheim, CA 92801
LOCATION: Park Vista Apartments: Approximately 20 acres generally
bounded on the north by the Route 91 Riverside Freeway, on the south by
Romneya Drive, on the west by Patrick Henry School, and on the east by
Manzanita Park.
Petitioner requests a time extension to record a previously approved and
signed final parcel map (consolidating numerous lots into one lot).
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Approved time extension to record Final Parcel Map No. 86-335 by
November 22, 1994.
Categorically Exempt, Class 5, previously approved.
END OF THE ZONING ADMINISTRATOR ITEMS.
B2/B3/B4. ORDINANCE NOS. 5409 THROUGH 5411, BOTH INCLUSIVE FOR ADOPTION:
ORDINANCE NO. 5409 - ADOPTION: Deleting Chapter 4.02 of Title 4, amending
various Chapters of Title 18, and adding sections 18.02.055 and 18.12.085 to
Chapters 18.02 and 18.12 of Title 18 of the Anaheim Municipal Code relating to
special event permits and signs, flags, banners and fixed balloons.
(Introduced at the meeting of November 16, 1993, Item B7. )
ORDINANCE NO. 5410 - ADOPTION: Amending Sections 4.14.045, 4.14.050,
18.01.020, 18.42.050, 18.44.050, 18.61.050 of Chapters 4.14, 18.01, 18.42,
18.44 and 18.61 of Titles 4 and 18 of the Anaheim Municipal Code relating to
Amusement Devices and Arcades. (Introduced at the meeting of November 16,
1993, Item B10.)
ORDINANCE NO. 5411 - ADOPTION: Amending Subsection 18.03.060.010 of Section
18.03.060 of Chapter 18.03 of Title 18 of the Anaheim Municipal Code relating
to notice and date of hearings on petitions for reclassification of property,
conditional use permits and variances. (Introduced at the meeting of November
16, 1993, Item B12.)
Council Member Pickler offered Ordinance No. 5409 for adoption, deleting
Chapter 4.02 of Title 4, amending various Chapters of Title 18, and adding
sections 18.02.055 and 18.12.085 to Chapters 18.02 and 18.12 of Title 18 of
the Anaheim Municipal Code relating to special event permits and signs, flags,
banners and fixed balloons; Ordinance No. 5410 for adoption, amending Sections
4.14.045, 4.14.050, 18.01.020, 18.42.050, 18.44.050, 18.61.050 of Chapters
4.14, 18.01, 18.42, 18.44 and 18.61 of Titles 4 and 18 of the Anaheim
Municipal Code relating to Amusement Devices and Arcades; and Ordinance
No. 5411 for adoption, amending Subsection 18.03.060.010 of Section 18.03.060
of Chapter 18.03 of Title 18 of the Anaheim Municipal Code relating to notice
and date of hearings on petitions for reclassification of property,
conditional use permits and variances. Refer to Ordinance Book.
ORDINANCE NO. 5409: AN ORDINANCE OF THE CITY OF ANAHEIM DELETING CHAPTER 4.02
OF TITLE 4, AMENDING VARIOUS CHAPTERS OF TITLE 18, AND ADDING SECTIONS
18.02.055 AND 18.12.085 TO CHAPTERS 18.02 AND 18.12 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO SPECIAL EVENT PERMITS AND SIGNS, FLAGS, BANNERS .AND
F I XED BALLOONS.
ORDINANCE NO. 5410: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS
4.14.045, 4.14.050, 18.01.020, 18.42.050, 18.44.050, 18.61.050 OF CHAPTERS
858
C£~v Ha~. ~nahe4_u. ca~£foFn£a - couNciL #~NuTEs - NO--ER 30r 1993 - 5=00 P.M.
4.14, 18.01, 18.42, 18.44 AND 18.61 OF TITLES 4 AND 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO AMUSEMENT DEVICES AND ARCADES.
MOTION: Council Member Daly moved to repeal Council Policy No. 539. Council
Member Simpson seconded the motion. MOTION CARRIED.
ORDINANCE NO. 5411: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION
18.03.060.010 OF SECTION 18.03.060 OF CHAPTER 18.03 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO NOTICE AND DATE OF HEARINGS ON PETITIONS FOR
RECLASSIFICATION OF PROPERTY, CONDITIONAL USE PERMITS AND VARIANCES.
Roll Call Vote on Ordin~_n_ce Nos. 5409 throuqh 5411r both inclusiver for
adopt£onz,,
AYES: COUNCIL MEMBERS= Feldhaus, Simpson, Pickler, Hunter, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Ordinance Nos. 5409 through 5411, both inclusive, duly
passed and adopted.
SWEAR-IN OF THOSE TESTIFYING AT PUBLIC HEARINGS:
The City Attorney announced that it is appropriate at this time for all those
intending to testify at any or all of the public hearings including staff be
sworn in at this time.
Those testifying were requested to stand by the City Clerk and asked to raise
their right hand. The oath was then given.
D1. 179: PUBLIC ~_~_ARING - CONDITIONAL_ USE PERMIT NO. 3636 AND NEGATIVE
DECLARATION.-..
OWNER: Magnolia School District, 2705 W. Orange Ave., Anaheim, CA
92805
AGENT: Los Angeles Rams, 2327 West Lincoln Ave., Anaheim, CA 92801
LOCATION/REQUEST: The property is located at 2327 W. Lincoln Avenue and
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. The request is 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.
HEARING SET ON: A letter of appeal of the Planning Commission's decision was
submitted by Cynthia Wolcott, Law Offices of Palmieri, Tyler, Wiener, Wilhelm
and Waldron and continued from the meeting of November 16, 1993 to this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - November 4, 1993
Mailing to property owners within 300 feet - November 4, 1993
Posting of property- November 5, 1993
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated October 4, 1993.
City Attorney White explained for the Mayor there was a request between the
project applicant and the main opponent to continue this matter from the
859
City Hall, Anaheim, California - COUNCIL MINUTES - NOVEMBER 30, 1993 - 5=00 P.M.
meeting of November 16, 1993 for one week. It was continued for two weeks
since there was no Council meeting November 23, 1993. He believes the purpose
was an attempt to see if there was an accommodation that could be worked out
for the applicant and adjoining property owner. This is a de nova hearing.
Mayor Daly asked first to hear from the project applicant.
APPLICANT' $
STAT~M~N~ ~
Steve Novak, General Counsel, Los Angeles Rams. They have made an
application for an additional weight training facility of up to
9,000 square feet. The actual use of the building is to store
existing weights and also to accommodate some storage needs they
have. He is certain the Council has reviewed the application and
the appeal. The application represents that, in fact, the project
would not entail any additional employees or additional traffic as
a result. They are just trying to expand their facilities to fit
their storage needs. He would be happy to address any questions.
Mr. George Hana of Hana Construction who drafted the plans is also
present.
PUBLIC DISCUSSION -
IN FAVOR:
None
PUBLIC DISCUSSION -
IN OPPOSITION:
Ken Catanzarite, owner, Catanzarite Company, Inc., a corporation
which owns 2331W. Lincoln, a 16,500 square foot office building,
currently used and leased to various uses. On behalf of
themselves and their lessees they have filed the appeal. (He
first submitted letter dated November 30, 1993 from the law firm
of Palmieri, Tyler, Wiener, Wilhelm and Waldron, the law firm
representing his company, signed by Mr. Gregory Weiler.) He then
outlined their concerns briefing portions of the just submitted
letter explaining first that neither he nor Mr. Shah, who owns
property to the west, ever received notice of the application.
They understand it was sent, but they did not receive it and,
therefore, were denied meaningful participation in the plan review
process. Additional concerns were that the project was improperly
granted a negative declaration status since neither City staff nor
the Rams have submitted evidence finding that the project will
have no significant environmental impact. The proposal does not
maintain a park like facility, the 9,000 square foot building
approximately 72 feet in width would cover the entire back end of
his property, trucks will be going to and from the building, the
proposal will increase the utilization of the facility, increase
noise and will dramatically impact the now park-like setting. He
emphasized it is inconceivable that it would not have a visual
impact. There has been no showing that there are alternative
sites or methods to solve the problem the Rams face and permit
continuing enjoyment of the property. Mr. Catanzarite then named
those who have received his support and asked him to convey their
concerns especially with respect to the park like setting issue.
He then briefed Page 3 of the November 30, 1993 letter which
860
City Hall, ~,ahe!_~ California - COUNCIL MINUTES - NOVEMBER 30m 1993 - 5:00 P.M.
outlined the results of recent negotiations with the Rams and
suggested mitigations including costs of screening wherein he
offered to pay one-third of the cost but the Rams refused the
offer.
In concluding, he stated they are proposing that the Council send
the matter back to Planning to impose reasonable mitigation
measures identified in the November 30, 1993, Palmieri - Tyler
letter. That will give him, his tenants, Mr. Shah and the
adjacent property owners the park-like setting they have expected
to see.
SUMMATION BY
APPLICANTs
Steve Norsk. They did give a two-week continuance in the hopes of
coming to some resolution. They have asked for a proposal from
Mr. Catanzarite and tonight is the first time they have had any
specifics. This is along the lines of what has gone on. In
reading the appeal, they will notice facts stated are inconsistent
with their application. They are not doubling the facility. It
is up to a 9,000 foot addition on an approximately 35,000 square
foot develot~nent or lees than 2% of the property is going to be
developed. They alleged that the Rams will necessarily increase
staff and parking requirements of the property. Again, all they
had to do was read the application and the Planning Commission
staff report. He hears about the support that Mr. Catanzarite has
had but sees no one that is testifying consistent with that. They
will not at this time stipulate to any vague proposal as to what
additional obligations they may have to incur to put the building
up.
Mayor Daly closed the public hearing.
ENVIRONM~NT_~L IMPACT REPORT - NEGATIVE DECLARATION= On motion by Council
Member Hunter, 'seconded by Council Member Simpson, the City Council approved
the negative declaration upon finding that it has considered the negative
declaration together with any comments received during the public review
process, and further finding on the basis of the initial study and any
comments received that there is no substantial evidence that the project will
have a significant effect on the environment. MOTION CARRIED.
Council Member Hunter offered Resolution No. 93R-227 for adoption, granting
Condition Use Permit No. 3636. Refer to Resolution Book.
RESOLUTION NO. 93R-227: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3636.
Before a vote was taken, City Attorney White stated that he assumes this is
offered subject to the Planning Commission findings and .there are no
modifications to those conditions~ Council Member Hunter. He is offering the
resolution subject to City Planning Commission conditions as imposed.
Roll Call Vote on Resolution No. 93R-227 for adoption.',
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
861
City Hallt An&heimr C&lifornia - COUNCIL MINUTES - NOVEMBER 30r 1993 - 5=00 P.M.
The Mayor declared Resolution No. 93R-227 duly passed and adopted.
Chairman Daly reconvened the meeting of the Anaheim Redevelopment Agency.
(6:56 p.m.)
Chairman Paul MacMillan called to order the Community Redevelopment
Commission. (6= 56 p.m. )
D2- 155/161: JOINT PUBLIC HEARING - REDEVELOPMENT AGENCY/CITY COUNCIL -
PROPOSED REDEVELOPMENT PLAN - BROOKHURST COMMERCIAL CORRIDOR B__RDEVELOPM_~NT
PROJECT:
To consider and act upon the proposed Redevelopment Plan for the
Brookhurst Commercial Corridor Redevelopment Project.
Submitted was a binder of documents entitled - joint public hearing documents
- proposed Redevelopment plan for the Brookhurst Commercial Corridor
Redevelopment project from the Anaheim Community Redevelopment Commission and
the Anaheim Redevelopment Agency dated November 30, 1993 containing all of the
documentation relating to the proposed project as required.
Chairman/Council Member Daly. This is a joint session of the Community
Redevelopment Commission of the City of Anaheim, the Anaheim Redevelopment
Agency and the City Council of the City of Anaheim. The members of the City
Council also sit as members of the Redevelopment Agency.
The purpose of this session is to conduct a joint public hearing to consider
the proposed Redevelopment plan for the Brookhurst Commercial Corridor
Redevelopment project.
A verbatim transcript of the proceedings have been made a part of the record.
Paul MacMillan, Chairman of the Community Redevelopment Commission noted that
Item No. I of the Community Redevelopment Commission agenda gives an
opportunity for anyone who wishes to speak on Items of Public Interest or
agenda items under the jurisdiction of the Community Redevelopment Commission
at this time; no one wished to speak.
Mr. MacMillan also noted that there are no minutes of the Community
Redevelopment Commission to be approved at this time. Item No. 3 of their
agenda is the joint public hearing on the subject proposed redevelopment plan.
Mayor/Chairman Daly. He declared the public hearing on the proposed
Brookhurst Commercial Corridor Redevelopment project open. He thereupon
introduced Lisa Stipkovich, Director of Community Development for the City to
provide background and describe the procedures that will be followed in
conducting the public hearing this evening.
Lisa Stipkovich, Director of Community Development. The State law under which
they are acting is the Community Redevelopment law of the State of California
which is part of the health and safety code and requires that they follow
certain procedures, some of them formal, in the conduct of tonight's joint
public hearing.
Notice of the Joint Public Hearing has been published and mailed as required
by law. The affidavits of publication and mailing of the notice to property
owners and to taxing agencies of this public hearing were submitted to the
City Clerk and are a part of the record.
862
C£t¥ Hall, _Anaheim, Cal:i. forn£a - COUNCIL MINUTES - NOVEMBER 30, 1993 - 5:00 P.M.
Mrs. Stipkovich then gave a presentation on the history and background of the
Brookhurst Commercial Corridor Redevelopment Project; the reasons for
undertaking the project; the report to the City Council and the proposed
Redevelopment activities.
Audio tapes from public meetings sponsored ~y the Community Redevelopment
Commission dated April 21, August 3 and October 25, 1993 and also a video tape
submitted as an attachment to a letter dated July 24, 1992 from Mr. Robert
Spidell commenting on blighted conditions in the area were also made a part of
the record.
In concluding her presentation, Mrs. Stipkovich stated there is one issue she
would like to have Celeste Brady, Special Counsel to the Agency address and
that is the status of the tax-sharing agreement with the County.
Celeste Brady, Special Counsel to the Redevelopment Agency. With regard to
the tax sharing agreement being negotiated with the County, negotiations are
continuing but at the time of this hearing, they have not reached a final
agreement. For purposes of the joint public hearing and submitting a complete
record to the City Council for consideration and action, included in the
record for these proceedings is the offer provided by the Redevelopment Agency
to the County of Orange family of entities which includes the Orange County
General Fund, the Harbors, Beaches and Park's District and the Orange County
Flood Control District. The following is the offer:
That the County General Fund receive 56% of the tax increment net
and inclusive of all State mandated payments by the Redevelopment
Agency, that the Harbors, Beaches and Park's District receive that
same tax sharing arrangement and that the Orange County Flood
Control District receive 100% net of all Agency State mandated
payments as part of the mitigation of the fiscal burden and
detriment that the County may incur in the adoption and approval
of this Redevelopment project. She would also point out that all
items within the agenda binder and all items referenced during the
proceedings this evening are a part of the administrative record
of the project and part of the considerations and actions upon
which the Council/Agency/Commission will take action on tonight.
Lisa Stipkovich, Director of Community Development. Unless there are any
questions of staff, she suggested that they begin to take public testimony.
Mayor/Chairman Daly. They will now begin taking public testimony and comments
on the adoption of the proposed redevelopment plan. He outlined the process
in taking such testimony. They will start first with written comments.
Lisa Stipkovich. They have not received any written comments at this point.
Mayor/Chairman Daly. Since there are no written comments, they will now hear
any statements, testimony or questions from the audience.
The following people then spoke relative to the adoption of the proposed
Brookhurst Commercial Corridor Redevelopment Plan:
Kelly Kucher, Orange County Administrative Office, speaking on
behalf of the County of Orange, Orange County Flood Control
District and Orange County Harbors, Beaches and Park's District.
He is present to speak in opposition. The Agency has not provided
sufficient evidence of blight in the project area to justify the
863
City Hall, Anahe{_m_, California - COUNCIL MINUTES - NOVEMBER 30r 1993 - 5:00 P.M.
Redevelopment proposal. In addition, this project would cause a
significant fiscal detriment or burden on th® County taxing
entities which has not been mitigated at this point. The County
remains willing to work with the Redevelopment Agency in an
attempt to reach an agreement which would mandate these impacts.
Dick Clark, President, Anaheim Chamber of Commerce. They have submitted
a letter of support (previously made a part of the record) on the
adoption of the proposed redevelopment plan. They endorse the project
and the economic benefit to the businesses in the community.
Ron Mullen, 312 N. Monterey, in the proposed redevelopment area. He
represents the Linhurst Association, a group of homeowners by the
intersection of Lincoln and Brookhurst. They have noted in recent years
the continuing increase in vacancies in buildings on the Brookhurst
Corridor from the intersection of the I-5 Freeway all the way down to
the Ball Road area. Businesses are moving out. There is an increase in
graffiti, gang activity and a great increase in prostitution. It is a
blighted area and he takes objection to the gentlemen who said it is
not. On behalf of the owners in the area, they strongly urge the
Council to consider adoption of this redevelopment 'project.
Richard Karo, he owns property at 314 S. Brookhurst. He has attended
several of the meetings staff has had on the project and they have done
an outstanding job. They recently had a break in and a vagrancy
problem. If there is a search for an incentive for a higher and better
use for vacant properties, it will produce places that have activity and
are well lit. Having owned two buildings on Brookhurst 'and being happy
to see Honeybaked Hams choose their street to construct a new building,
he is extremely encouraged that they can find a higher and better use
with very little impact to the residential area. He speaks in favor of
the project.
Ross Davis, Mulliken Medical Center. He is not fully up to speed on the
redevelopment proposal. One question he would have, will existing
businesses in that area be left alone. He would like a response to that
concern. Also in that general area, in the past 6 to 8 months, there
has been a tremendous increase in vandalism and graffiti. It has gotten
bad in that area.
Lisa Stipkovich, Director of Community Development. Specifically
answering the question regarding whether they are going to work with
existing land owners, that is the intent - to assist them in becoming
more productive. In some cases, many properties that are vacant and not
utilized in any way they are trying to work with those property owners
to attract new uses to revitalize the site. They would like to do in
this area what they have done in the northeast industrial area where
there are 2400 acres in a redevelopment project and no acquisition or
eminent domain has been found to be necessary. They have worked with
the existing owners in the area and the existing businesses to assist
them in becoming more productive. They have provided infrastructure in
order to allow that development to occur. They have been able to
attract businesses to that area and that is the intent of the subject
project area as well.
Mayor/Chairman Daly. He asked if there are additional comments on the
proposed Brookhurst Commercial Corridor Redevelopment plans; there were
none.
864
C£t¥ H&llr An&heimt C&li£orn£a - COUNCIL MINUTES - NOVEMB_ ER 30, 1993 - 5:00 P.M.
Before closing the public hearing, Mayor Chairman Daly asked if there
were any questions of the Council/Agency, or Commission or any
additional staff comments. There being none, Mayor/Chairman Daly closed
the public hearing.
The following actions were then taken:
Agency Member Daly offered Resolution No. ARA93-26 for adoption, certifying
the Final Environmental Impact Report. Refer to Resolution Book.
RESOLUTION NO. ARA93-26: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
CERTIFYING THE COMPLETION OF A FINAL ENVIRONMENTAL IMPACT REPORT FOR THE
BROOKHURST COMMERCIAL CORRIDOR REDEVELOPMENT PROJECT.
Roll Call vote on Resol, ution No. ARA93-26 for adoptions
AYES =
NOES:
ABSENT:
AGENCY MEMBERS= Feldhaus, Simpson, Pickler, Hunter, Daly
AGENCY MEMBERS = None
AGENCY MEMBERS .- None
The Chairman declared Resolution No. ARA93-26 duly passed and adopted.
Chairman McMillan offered Resolution Nos. CRC93-12 and CRC93-13 for adoption,
approving and adopting the redevelopment plan for the Brookhurst Commercial
Corridor Redevelopment project and recommending City Council approval. Refer
to Resolution Book.
RESOLUTION NO. CRC93-12: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT
COMMISSION CONSIDERING THE FINAL ENVIRONMENTAL IMPACT REPORT.
RESOLUTION NO. CRC93-13: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT
COMMISSION APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE BROOKHURST
coMMERCIAL CORRIDOR REDEVELOPMENT PROJECT AND. RECOMMENDING CITY COUNCIL
APPROVAL.
Roll Call Vote on Resolution Nos. CRC93-12 and CRC93-13 for adoption:
AYES:
NOES:
ABSENT
COMMISSION MEMBERS: Bostwick, Holguin, Linn, Perreira, Pinson,
Rennet, McMillan
COMMISSION MEMBERS: None
COMMISSION MEMBERS: None
The Chairman declared Resolution Nos. CRC93-12 and CRC93-13 duly passed and
adopted.
Agency Member Daly offered Resolution Nos. ARA93-27 through ARA93-29, both
inclusive, for adoption, the first approving and adopting Relocation
Assistance Guidelines for the Brookhurst Commercial Corridor Redevelopment
Project, the second finding that the use of taxes allocated from the
Brookhurst Commercial Corridor Redevelopment Project for the purpose of
improving and increasing the Community's supply of Iow and moderate income
housing outside the project area will be of benefit to the project and the
third approving and adopting the Redevelopment Plan for the Brookhurst
Commercial Corridor Redevelopment Project and recommending City Council
approval. Refer to Resolution Book.
865
City Hall, Anaheim~ Cali£ornia - COUNCIL MINUTES - NOVEMRER 30, 1993 - 5:00 P.M.
RESOLUTION NO. ARA93-27: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
APPROVING AND ADOPTING RELOCATION ASSISTANCE GUIDELINES FOR THE BROOKHURST
COMMERCIAL CORRIDOR REDEVELOPMENT PROJECT.
RESOLUTION NO. ARA93-28: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
FINDING THAT THE USE OF TAXES ALLOCATED FROM THE BROOKHURST COMMERCIAL
CORRIDOR REDEVELOPMENT PROJECT FOR THE PURPOSE OF IMPROVING AND INCREASING THE
COMMUNITY'S SUPPLY OF LOW AND MODERATE INCOME HOUSING OUTSIDE THE PROJECT AREA
WILL BE OF BENEFIT TO THE PROJECT.
RESOLUTION NO. ARA93-29: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE BROOKHURST COMMERCIAL
CORRIDOR REDEVELOPMENT PROJECT AND RECOMMENDING CITY COUNCIL APPROVAL.
Roll Call Vote on Resolution Nos. ARA93-27 throuqh ARA93-29, both inclusive,
for ,adoption:
AYES:
NOES:
ABSENT:
AGENCY MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly
AGENCY MEMBERS: None
AGENCY MEMBERS: None
The Chairman declared Resolution Nos. ARA93-27 through ARA93-29, both
inclusive, duly passed and adopted.
Council Member Daly offered Resolution Nos. 93R-228 and 93R-229 for adoption,
first considering the Final Environmental Impact Report and the second finding
that the use of taxes allocated from the Brookhurst Commercial Corridor
Redevelopment Project for the purpose of improving and increasing the
Community's supply of low and moderate income housing outside the project area
will be of benefit to the project. Refer to Resolution Book.
RESOLUTION NO. 93R-228: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM CONSIDERING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED AND
CERTIFIED BY THE ANAHEIM REDEVELOPMENT AGENCY FOR THE BROOKHURST COMMERCIAL
CORRIDOR REDEVELOPMENT PROJECT.
RESOLUTION NO. 93R-229: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING THAT THE USE OF TAXES ALLOCATED FROM THE BROOKHURST COMMERCIAL
CORRIDOR REDEVELOPMENT PROJECT FOR THE PURPOSE OF IMPROVING AND INCREASING THE
COMMUNITY'S SUPPLY OF LOW AND MODERATE INCOME HOUSING OUTSIDE THE PROJECT AREA
WILL BE OF BENEFIT TO THE PROJECT.
Roll Call vote on Resolution Nos. 93R-228 and 93R-229 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 93R-228 and 93R-229 duly passed and
adopted.
MOTION: On motion by Council Member Daly waiving the reading of Ordinance in
its entirety, and reading by title only; introducing an ordinance approving
and adopting the Redevelopment Plan. Council Member Simpson seconded the
motion. MOTION CARRIED.
Council Member Daly offered Ordinance No. 5412 for first reading.
866
City Ra11~ Anaheim~ California - COUNCIL MI~S - NOVEMBER 30, 1993 - 5.'00 P.M.
ORDINANCE NO. 5412 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM
APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE BROOKHURST COMMERCIAL
CORRIDOR REDEVELOPMENT PROJECT.
ADJOURNMENT - COMMUNITY REDEVELOPMENT COMMISSION: By general consent the
Community Redevelopment Commission meeting was adjourned. (7: 21 p.m. )
ADJOURNMENT - REDEVELOPMENT AGENCY: Agency Member Daly moved to adjourn,
Agency Member Simpson seconded the motion. MOTION CARRIED. (7:21 p.m. )
ADJOURNMENT - ANAHEIM CITY COUNCIL: Council Member Daly moved to adjourn,
Council Member Simpson seconded the motion. MOTION CARRIED. (7:21 p.m. )
LEONORA N. SOHL, CITY CLERK
867