1993/12/14City Hal!~ Anaheim~ California - COUNCIL MINUTES - DECEMBER 14, 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
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich
PLANNING DIRECTOR= Joel Fick
_
PROPERTY SERVICE MANAGER: Rob ZurSchmiede,
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3=25 p.m. on December 10, 1993 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Daly called the meeting to order at 3=00 p.m.
..REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items=
a. To confer with its Attorney regarding pending litigation pursuant
to Government Code Section 54956.9(a) to wit=
Golden West Baseball Co. vs. City of Anaheim, Orange County Superior
Court Case No. 40-92-46~ Anaheim Stadium As.sociates vs. City of
Anaheim, et al., Orange County Superior Court Case No. 44-81-74.
City of Anaheim vs. Century Parking Inc., American Arbitration
No. 80-199-0051-93F.
b. 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.
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.
MOTION: On motion by council Member Simpson, seconded by Council Member
Pickler, 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:
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City Rall~ Anaheim~ California - COUNCIL MINUTES - DECEMB__ER 14~ 1993 - 5~00 P.M.
g. Campanula Properties, Inc., et al. vs. City of Anaheim, et al. -
Orange County Superior Court Case 72-19-85.
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..40 p.m.).
INVOCATION.' A moment of silence was observed in lieu of the invocation.
FLAG SALUTE: Council Member Bob Simpson led the assembly in the Pledge of
Allegiance to the Flag.
119= PRESENTATION - POLICE CANINE HANDLERS=
Interim Police Chief, Jimmie Kennedy introduced the Police Department canine
handlers, Officers Jiminez, Lozeau, Reed and Alvarado and briefed the Council
on the competition held November 19-21, 1993 in Tuscon, Arizona where the
Western Regional K-9 Trials were held. The handlers won six trophies
capturing third place amongst 64 handlers and their dogs representing 20
agencies throughout the United States. Mayor Daly and Council Members
personally congratulated the officers on their accomplishment. They were
accompanied by a special guest, one of the Police canine german sheperds,
"Officer' Falco.
119: PROCLAMATION: The following proclamation was issued by Mayor Daly and
authorized by the City Council:
Recognizing December 17, 1993, as
Fire Fightsrs' Appreciation DaF in Anaheim.
Bob Hirst, Division Chief of Operations accepted the proclamation on behalf of
Chief Bowman and the Department especially those firefighters involved in
combating the recent Anaheim Hills, Malibu and Laguna fires and those who
provided the support. Three units were involved and representatives from two
of the three units were present tonight.
Mayor Daly and Council Members personally commended the Department and the
Firefighters for their courageous performance in the recent fires and for
helping to minimize damage in the Anaheim Hills fire.
119.. PRESENTATION - TO WINNERS OF THE 4TH ANNUAL JOHN WAYNE AIRPORT YOUTH ART
~ONTEST=
Julie Mayer, President, Anaheim Arts Council, accompanied by Arts Council
Member Shirley McCracken briefed the program in which the youngsters were
involved and then introduced the six Anaheim youngsters (two of which could
not be present) who won awards in the contest. They were presented with
certificates and congratulated by Mayor Tom Daly and Council Members.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $6,036,649.53 for the
period ending December 10, 1993, in accordance with the 1993-94 Budget, were
approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency, ~ousing Authority, Public Improvement Corporation and Public Financing
Authority meetings. (6.' 03 p.m. )
Mayor Daly reconvened the City Council meeting. (6:19 p.m.)
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City Hallf Anahe£mf Cal£forn£a - COUNCIl, MINUTES - DECEMBER 14, 1993 - 5**00 P.M.
ITEMS OF PUBLIC INTEREST: No items of public interest were addressed.
pUBLIC coMMeNTS - AGENDA ~TEMS: Public input received on Item A15 (see
discussion under that item).
MOTION.' Council Member Daly moved to waive reading in full of all ordinances
and resolutions to be acted upon for the Council meeting of December 14, 1993.
Council Member Simpson seconded the motion. MOTION CARRIED.
CITY ~ANAGER/DEP~T~NT~ CONSENT CALENDAR= On motion by Council Member
Feldhaus, seconded by Council Member Simpson, the following items were
approved in accordance with the reports, certifications and recommendations
furnished each Council Member and as listed on the Consent Calendar; Council
Member Feldhaus offered Resolution Nos. 93R-235 through 93R-239, both
inclusive, for adoption and offered Ordinance No. 5414 for introduction. 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 H.L. Dunklin for property damage sustained
purportedly due to actions of the City on or about October 4, 1993.
b. Claim submitted by Pacific Bell, Case No. BF346-0485 for property
damage sustained purportedly due to actions of the City on or about
July 7, 1993.
c. Claim submitted by Alberto Hernandez Cervantes, c/o Sheldon L. Davis,
Jr., esq., for property damage and bodily injury sustained purportedly due
to actions of the City on or about September 15, 1993.
d. Claim submitted by Edward T. Navarro for property damage sustained
purportedly due to actions of the City on or about November 15, 1993.
e. Claim submitted by Nancy Won for bodily injury sustained purportedly
due to actions of the City on or about July 26, 1993.
f. Claim submitted by Jacqueline Ruth Giordano, c/o Gregory J. Augustine,
esq., Stacey Lee Scroggins, et al. vs. Jacqueline R. Giordano, et al.
ocsc No. 71 40 39 for indemnity sustained purportedly due to actions of
the City on or about August 18, 1993.
g. Claim submitted by Hondo Company, Inc., c/o Sandra K. Brislin, esq.,
William A. West, III, et al. vs. City of Anaheim, et al. OCSC No. 70 73 92
for indemnity sustained purportedly due to actions of the City on or about
October 18, 1993.
_.
h. Claim submitted by Jose Carrera, c/o Susan Graham, esq., for property
damage and bodily injury sustained purportedly due to actions of the City
on or about June 16, 1993.
i. ~laim submitted by Araceli Dominguez, c/o Susan Graham, esq., for
bodily injury sustained purportedly due to actions of the City on or about
June 16, 1993. ' ........
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C£ty Hall, Anahe£mt California - COUNCIL MINIFTE$ - DECEMBER 14t 1993 - 5:00 p.M.
j. Claim submitted by Delores Figueroa, c/o Susan Graham, esq., for
bodily injury sustained purportedly due to actions of the City on or about
June 16, 1993.
k. Claim submitted by Juan Valdez, c/o Susan Graham, esq., for bodily
injury sustained purportedly due to actions of the City on or about
June 16, 1993.
1. Claim submitted by Gregory Ray Phillips, c/o Robert M. Ball, esq., for
bodily injury sustained purportedly due to actions of the City on or about
August 20, 1993.
m. Claim submitted by Multi-Television Services, Inc., attn: Don
Ducharme, General Manager for property damage sustained purportedly due to
actions of the City on. or about September 30, 1993.
n. Claim submitted by Automobile Club of Southern California, attn:
Leslie McBride-Subrogation Dept., Insured: Duller, Nauneet & Sukhjit,
Claim No. G4833806, for property damage sustained purportedly due to
actions of the City on or about June 16, 1993.
Appl£cation for leave to present late claim den£edz
a. Application submitted by Jette B. Holgersen dba Foxey's Hofbrau, Mark
J. Denger for bodily injury sustained purportedly due to actions of the
City on or about March 13, 1993.
A2. 105= Receiving and filing minutes of the Senior Citizens Commission
meeting held October 14, 1993.
105: Receiving and filing minutes of the Anaheim Park and Recreation
Con~nission meeting held October 24, 1993.
A3. 123: Approving the Agreement with CH2M Hill, in an amount not to exceed
$52,800 for a Sanitary Sewer and Storm Drain Financial Implementation Plan for
the South Central Area of Anaheim.
A4. !64: RESOLUTION NO. 93R-235.: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ADOPTING THE MASTER PLAN FOR SEWERS PERTAINING TO THE OLD
TOWN/BASIN 8 AREA OF THE CITY OF ANAHEIM. (Bounded generally by State College
Boulevard, Ball Road, Euclid Street and Orangethorpe Avenue. )
AS. 106: Amending the FY 93/94 budget by increasing appropriations in the
amount of $463,612 in Public Works-Engineering, Account No. 410-412-2788-7851
and $38,888 in Account $440-412-2788-7851 for the completion of the Police
2000 Project.
A6. 106: To consider amending the FY 1993/94 Budget for Capital Improvement
Projects in the Utilities Department by increasing expenditures, in the amount
of $1,444,683 in Ac~count No. 503-521-3720-7865. (Lenain Filtration Plant)
175: ORDINANCE NO. 54~4 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM
APPROVING THE ENTERING INTO OF A LEASEBACK AGREEMENT (WITH THE CITY AND THE
ANAHEIM PUBLIC FINANCING AUTHORITY FOR THE CONSTRUCTION OF THE LENAIN
FILTRATION PLANT). (Award of contract to be acted upon at time of adoption of
Ordinance.)
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C£tV Hall, ~.~uahe£m, Cal£fornia - COUNCIL MINUTES - DECEMBER 14, 1993 - 5:00
137: RESOLUTION NO. - .... .' Authorizing the invitation of proposals for the
purchase of not to exceed $20,000,000 aggregate principal amount of bonds of
the Anaheim Public Financing Authority, and authorizing the delivery of a
preliminary Official Statement.
·
City Manager James Ruth. On this item, the only action to be taken tonight is
the introduction of the ordinance with the two other proposed actions listed
to be continued one week and acted upon at that time along with the adoption
of the ordinance.
_
A7. 160: Accepting the bid of Kuhlman Corporation, in the amount of $31,598
for eight 25 K.V.A. and ten 37.5 K.V.A. single-phase subsurface transformers,
switched, in accordance with Bid ~5208.
A8. 123: Accepting the low bid, and authorizing the execution of an
Agreement with Doug Martin Contracting Company, Inc., in an amount not-to-
exceed $33,366 to apply quickset emulsion slurry to various locations in the
Avenida de Santiago area of Anaheim, in accordance with Bid $5219.
A9. 160: Accepting the low bid of Advanced Equipment Corporation, in the
amount of $36,450 for the coil wall system replacement project at the
Convention Center, in accordance with Bid $5183.
AIO. 160: Accepting the bid of Kuhlman Corporation, in the amount of $55,920
for thirty 50 K.V.A. single-phase subsurface transformers, switched, in
accordance with Bid #5210.
All. 160: Accepting the bid of Central Moloney Transformer c/o Maydwell &
Hartzell, Inc., in the amount of $53,001 for twelve 15 K.V.A. and fifteen 75
K.V.A. single-phase, subsurface transformers, switched, in accordance with Bid
$5187.
Accepting the bid of Kuhlman Corporation, in the amount of $4,389 for three 25
K.V.A. single-phase, subsurface transformer, unswitched, in accordance with
Bid $5187.
A12. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent
to issue a Purchase order to Fargo Manufacturing, in an amount not to exceed
$80,000 for ten types of aluminum and bronze connectors for warehouse
inventory stock.
A13. 123: Authorizing a First Amendment to an Agreement with Artistic
Maintenance, Inc., to provide landscape maintenance to various areas
throughout the western section of the City.
A14. 123: Approving a Sales Tax Agreement by and between the Anaheim
Redevelopment Agency and the City of Anaheim.
171: RESOLUTION NO. 93R-236: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING THE TRANSFER OF A PORTION OF THE CITY'S APPROPRIATIONS
LIMIT TO THE ANAHEIM REDEVELOPMENT AGENCY, AND AUTHORIZING A DECREASE OF THE
CITY'S APPROPRIATIONS LIMIT BY THE SAME AMOUNT.
A15. 12.3: RESOLUTION NO. 93R-237: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO SITE LEASE AND A
. FIRST AMENDMENT TO LEASE AGREEMENT IN CONNECTION WITH THE 1993 ARENA LAND
REFINANCING PROJECT. ' ........
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C£t¥ Hall~ Anahe£m~ Cal£forn~a - COUNCIL NINIFTES - DECEMBER 14~ 19~3 - 5:00 P.M.
Authorizing the Financing Director and el. tv Clerk to Execute the First
Amendment to the Lease Agreement between '..i~e Anaheim Public Improvement
Corporation and the City of Anaheim to delete a small portion of the property
now legally described as Parcel 2 (Phoenix Club Purchase Property), and
· Parcel 5 (Phoenix Club Leased Property) of Parcel Map 90-179.
Authorizing the Financing Director and City Clerk to Execute the First
Amendment to the Site Lease between the Anaheim Public Improvement Corporation
and the City of Anaheim to delete a small portion of the property now legally
described as Parcel 2 (Phoenix Club Purchase Property), and Parcel 5 (Phoenix
Club Leased Property) of Parcel Map 90-179.
A16. 1535 RESOLUTION NO... 93R-~3.8= A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM
MUNICIPAL EMPLOYEES ASSOCIATION, CLERICAL UNIT, AND THE CITY OF ANAHEIM
PERTAINING TO HOURS OF WORK PROVISIONS.
Al7. 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.
A18. 123: Approving an Agreement between Contemporary Services Corporation
and the City of Anaheim to provide "peer group" security services at Anaheim
Stadium during events.
A19. 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. (Continued from the meetings of 11/30/93, Item Al6, and
12/7/93, Item Al5.)
Council Member Pickler. He is voting no on this item. He had talked to the
City Manager and Chief of Police. They gave him their reasons asking for
approval and he gave them his reasons why he would be voting against the
request.
.
Mayor Daly. He is concerned if there is disagreement perhaps they should hold
off one more week. He is not aware of what areas of disagreement still exist.
He had questions about the process involved. He asked if there was a problem
if it was held for one more week.
City Manager Ruth. There is some concern on the part of staff that the City
might be exposed to some liability. Right now they do not have a contract
with the various towing agencies. He met with staff and Council Member
Pickler today and reviewed all documentation relative to the reasons why these
three towing services were discontinued. There is a lot of documentation.
Based on past ~erformance, meetings were held and warning notices sent out.
They reviewed all the documentation and he is satisfied the appropriate
process was followed. One firm has moved out of State. If either of those or
any other towing firms in the future wanted to apply to be on the towing list,
they could do so. The ones that were discontinued, if they cleaned up their
act and were able to comply with conditions of the license, they could be
issued o~e in the future. This has been continued for three weeks. He had
the opportunity to review the matter with the Chief and his staff. They have
spent a great deal of time on this and have good documentatiOfi'~-~d- legitimate
reasons for dropping the three firms off the bid list. He confirmed for the
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City Hallf ~nahe£m, Ca~£fo..rn£a -COUNCIL HINUTES - DECEMBER 14, 1993 - 5:00 P.M.
Mayor that the current contracts have expired and even though time is allowed
before the contract ends, this is the third week the matter was continued and
it is now beyond the contract time frame. He is satisfied there was due
process and diligence on the part of staff to make sure they are complying
with the conditions of the license. ·
Council Member Pickler stated his concern is with the process.
Mayor Daly. The City Manager mentioned that the firms which are basically
being denied continuation of service will have the opportunity to compete
again. The proposed contracts expire October 1, 1996.
City Manager Ruth. They are three year agreements. There is nothing to
prevent the City from adding firms during that period. If they can show they
have corrected the deficiencies and have satisfied staff, they could be added
to the list but normally they go out on a three year basis.
A20. 103: RESOLUTION NO. 93R-239: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING AND ORDERING THE ANNEXATION TO THE CITY OF ANAHEIM
OF THE TERRITORY KNOWN AND DESIGNATED AS ANNEXATION NO. 275 -THE COAL CANYON
ANNEXATION.
Council Member Feldhaus. He asked if there is any financial exposure to the
City whatsoever on this annexation.
Joel Fick, Planning Director. The one primary service that can occur in
uninhabited open space is fire protection. As a condition of approval of the
annexation and incorporated into LAFCO's resolution is a requirement that the
City and property owner reach an agreement with the State to provide for fire
protection. Planning and Fire staff have been working with the property owner
so there will be no financial exposure. That agreement has to be effective
prior to finalization of the annexation. In terms of subsequent development,
the conditioning of the project itself did require that it not be a fiscal
burden to existing residents.
At the conclusion of the Consent Calendar, Council Member Pickler voted no on
this item.
A21. 123: Approving a Second Amendment to Agreement with Mudge Rose Guthrie
Alexander & Ferdon and Rourke, Woodruff & Spradlin (bond counsel) for bond
counsel services in connection with electric and water system financings,
extending the term of the Agreement to June 30, 1994; and authorizing the
Public Utilities General Manager to execute said Second Amendment.
A22. 123~ Approving the First Amendment to Engineering Services Agreement
with Black & Veatch, in the amount of $125,000 for the Lenain Filtration Plant
Modification Project, and authorizing the Mayor to execute the First Amendment
and any related documents.
A23. 114: Approving minutes of the City Council meeting held November 16,
1993.
Roll Cai,1 Vote on Rg$o~ut~on Nos. 93R-235 throuqh 93R-239, both inc~usSv,e, for
adopt£on~
·
AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
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City 11a11~ A~nahe£~ Cal££o~nia - COUNCIl., MINUTES - DECEMBER 14~ 1993 - 5~00 P.M.
The Mayor declared Resolution Nos. 93R-235 through 93R-239, both inclusive,
duly passed and adopted.
END OF CONSENT CALENDS. MOTIONS CARRIED.
A24. 121: HEARING - CO.NDEMNAT~0N OF CERTAIN REAL ~ROpSRTy - CERRITOS AND
C~RRITOS AVENUE AND S~NC~LA~R STR~_ETS - DONALD DAY PROPERTY:
To consider a resolution finding and determining the public interest and
necessity to condemn certain real property interests located near the
intersection of Cerritos and Sinclair Streets; and authorizing the filing of a
Notice of Determination with respect to the widening of Cerritos Avenue
(Donald Day Parcel); and authorizing the law firm of Oliver, Bart, and Vose,
special counsel to the City, to proceed with said condemnation action.
Submitted was report dated December 14, 1993 from the Conmmunity Development
Department recommending the subject action.
City Clerk Sohl. She understands that staff is recommending a continuance of
one week on this item.
City Attorney White. Staff has been advised that the owner of the property
has been informed this would 'be continued to the meeting of January 4, 1994.
Since the hearing was noticed for this evening, it would be appropriate to
open the hearing and then continue it to January 4, 1994. He believes
Ms. Wiley also asked to speak on the subject.
Mayor Daly. He opened the hearing and asked if any interested citizens wished
to speak noting that staff has recommended a continuance to January 4, 1994.
Coleen Wiley. Representing Campanula Properties, Inc., since the item is
being continued, she may be able to obtain answers to some of her questions in
the meantime. She will defer her comments.
Rob ZurSchmiede, Property Service Manager. The continuance was at the request
of the seller so he could appear and be heard. He was unable to make the
hearing tonight.
MOTION: Council Member Daly moved to continue the subject hearing to Tuesday,
January 4, 1994. Council Member Simpson seconded the motion. MOTION CARRIED.
(Later in the meeting, it was determined there will be no meeting on that date
and thus this matter would be continued to the meeting of January 11, 1994. )
A25. 123: TOLLING AGREEMENT WITH ANAHEIM STADIUM ASSOCIATES (ASA):
Approving a tolling agreement with Anaheim Stadium Associates to delay until
May 2nd 1994 the expiration of any time periods and deadlines set forth in the
ASA Ground Lease and the ASA Development Agreement, which periods and
deadlines would otherwise occur between the date of such tolling agreement and
May 2, 1994.
City Attorney White. This item relates to the existing ground lease with
Anaheim Stadium Associates relating to the proposed commercial office
development at Anaheim Stadium. Last week, staff was contacted by
representatives of ASA asking that the provisions of the ground lease be
tolled, i.e., that all obligations under that document be postponed until
May 2, 1994 to give ASA the opportunity to continue to explore possible
settlement of the existing litigation that has been underway '~6~=~0 years with
Golden West Baseball Company, ASA and the City of Anaheim. Staff is
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C£ty Rail, Anaheim, Cal~forn£a - COUNCX~ MINUTES - DECEMBER 14, 1993 - 5=00 P.M.
recommending the City Council approve the agreement which would provide that
the obligations that otherwise become due on January 1, 1994 would be
postponed for four months. Those include the arguable obligation to have
commenced construction on the Orangewood block of the property and to begin
paying rent on both the Orangewood and State College blocks. The issme was
disputed as to whether or not the ten year long lawsuit relating to the
Stadium property has the effect of tolling the obligations that ASA otherwise
has to have proceeded with that development prior to January 1, 1994 when the
rights would otherwise expire. To avoid additional litigation and disputes,
they are recommending the creation of a four month period to continue to
explore options with ASA relating to that subject.
MOTION: Council Member Pickler moved to approve a tolling agreement with
Anaheim Stadium Associates to delay until May 2, 1994 the expiration of any
time periods and deadlines set forth in the ASA Ground Lease and the ASA
Development Agreement, which periods and deadlines would otherwise occur
between the date of such tolling agreement and May 2, 1994. Council Member
Simpson seconded the motion. MOTION CARRIED.
B..1. 179= RE. QUEST FOR REHEARING - PICK YOUR PART AUTO WRECKING:
ENVIRONMENTAL IMPACT REPORT NO. 312, RECLASSIFICATION NO. 92-93-09, WAIVER OF
CODE REOUIREMENT, CONDITIONAL US~.~.~RMIT No. 3608:
At the meeting of November 9, 19~13, the City Council adopted Resolution
No. 93R-220, granting Conditional Use Permit No. 3608 and at the meeting of
October 26, 1993 certified EIR No. 312 as being in compliance with CEQA,
adopting a statement of overriding considerations and a mitigation monitoring
plan. The property is located at 1235 S. Beach Blvd., and the request was to
permit an automobile fluid drainage area and used automobile sales area in
conjunction with an automobile dismantling and recycling facility on the
adjacent parcel to the south (in the City of Stanton) with waiver of maximum
fence height.
A request for a rehearing was submitted by Glen Greener, representative of the
property owner and residents of Anaheim Mobile Estates..
Council Member Hunter moved to deny the request for a rehearing.
Before further action was taken, City Clerk Sohl announced that a FAX had been
received from Mr. Greener asking for an opportunity to speak. She does not
know if he is present in the Chamber audience at this time.
City Attorney White. These matters on request for rehearing are not public
hearings. The decision Council makes is decided upon the information
contained in the declaration that accompanies the application for the
rehearing. However, under the Brown Act, anyone has the right to speak for
three minutes. If there is any discussion, it should be under the provisions
of the requirements of the Brown Act, not because it involves a public hearing
or creating an additional record as part of the prior hearing procedures. Any
discussion is not part of the public hearing transcript of the record of
proceedings. The request for rehearing is decided on the basis of the
declaration submitted. If Mr. Greener or anyone else wants to speak on this
or any other agenda item, they have a right to do so within the three minute
guideline.
,
Mayor Daly. Speaking to Mr. Greener, who was present, explained it is the
City's custom and policy to make the decision on these types 'fff'~quests based
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C£ty Rall~ Anahe£m~ Cal£forn£a -COUNCIL MINUTES - DECEMBER 14~ 1993 - 5:00 P.M.
on the written submittal which has been submitted. Because he is present and
will undoubtedly speak to the specifics, he asked to hear from Mr. Greener.
Glen Greener. He represents both the property owner and residents of Anaheim
Mobile Estates at 3050 Ball Road. They understand that the Councils of both
Anaheim and Stanton want Pick Your Part to resume operations. They disagree
but accept it as inevitable. They are asking the Council to consider the
further reasonable precautions as stated in their letter of appeal. He
briefed some of the points and gave some additional comments. There is the
possibility that the project will need to operate beyond 5 years or become a
public nuisance that obliges them to ask the Council to provide the additional
precautions.
Council Member Pickler thereupon seconded Council Member Hunter's motion of
denial of the request for a rehearing. MOTION CARRIED.
B. 2. %79: REOUEST FOR R~_HEARING - LOS ANGELES RAMS WEIGHT ROOM BUILDING: .
CONDITIONAL USE PERMIT NO. 3636 AND NEGATIVE DECLARATION:
At the meeting of November 30, 1993, the City Council adopted Resolution
No. 93R-227 granting Conditional Use Permit No. 3636 permitting a 9,000 square
foot expansion of a weight room building at 2327 W. Lincoln Avenue in order to
expand an existing private sports training facility. A request for a
rehearing was submitted by Susan T. Sakura, Council for the petitioners at
Palmieri, Tyler, Wiener, Wilhelm & Waldron (see letter dated December 6,
1993).
Mayor Daly asked if anyone was present on this item; there was no response.
MOTION: Council Member Hunter moved to deny the request for a rehearing on
the subject Conditional Use Permit. Council Member Simpson seconded the
motion. MOTION CARRIED.
C~. 101: DISCUSSION - Los ~%NGELES R~S:
Mayor Daly. There may be some people present interested in this item which is
intended to be a discussion of the potential of the Los Angeles Rams moving
from Anaheim. He would suggest that discussion be scheduled for next week's
Council meeting so the City Manager can continue to compile information the
Council has asked him to compile. In the meantime, he would like to offer the
following motion:
That the Council express its support for the Rams continuing to play their
home football games in Anaheim.
Council Member Hunter seconded the motion. MOTION CARRIED UNANIMOUSLY.
Chairman Daly reconvened the Redevelopment Agency meeting. (6:46 p.m. )
Chairman Paul McMillan called the Community Redevelopment Commission to order,
all Commissioners being present with the exception of Commissioner Bostwick
and Commissioner Perreira. (6:46 p.m. )
D1. 155/161: CONTINUED JOINT PUBLIC HEARING - REDEVELOPMENT AGENCY/CITy
COUNCIL KND COMMUNITY .REDEVELOPMENT COMMISSION - PROPOSED REDEVELOPMENT PLAN
FOR THE COMMERCIAL/INDUSTRiAL R~.DEVEbOPMENT ~ROJ~CT:
This is a continued Joint public hearing of the Communit]
Redevelopment Commission, the Anaheim Redevelopment Agency and the
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C£t¥ Hall~ Anahe£m~ Cal£forn£a - COUNCIL MINIJTE$ - DECEMBER 14~ 1993 - 5:00 P.M.
_
City Council of the City of Anaheim. The members of the Council also
sit as members of the Redevelopment Agency.
At the joint public hearing of December 7, 1993 (see minutes that date and
also verbatim transcript of the proceedings - made a part of the record), the
Council/Agency/Commission opened the public hearing. Procedures were
outlined, staff gave their input and public testimony and comments taken.
Written objections were also received thus necessitating a continuance of the
public hearing for one week in order to provide written reslDonses to the
written comments as required. The public hearing portion of the hearing was
closed and subsequently continued to this date for final action with no
additional input to be taken at this time.
Mayor/Chairman Daly. There will be a staff report at this time which will
follow up on last week's hearing. On December 7, 1993 the City Council,
Redevelopment Agency and the Community Redevelopment Commission held a joint
public hearing to consider the proposed redevelopment plan for the
Commercial/Industrial Redevelopment Project. The Council also considered the
report of the Community Redevelopment Commission to the Council as well as all
evidence and testimony for and against the adoption of the plan. The purpose
of today's hearing is to have staff respond to comments, questions and
objections received at the December 7, 1993 session and in particular the
written responses to written objections received from affected project area
property owners and taxing agencies and for the City Council to consider those
before making a final decision. He then introduced the Executive Director of
Community Development, Lisa Stipkovich.
Lisa Stipkovich, Executive Director of Community Development. The purpose of
her comments is to respond orally to oral comments made. At the hearing of
December 7, 1993 they received both written and oral objections to the
proposed plan. After the close of the public hearing last week, the City
Clerk received an additional written objection. The issues raised will be
covered tonight in her oral presentation. At the December 7, 1993 meeting,
there were 13 speakers, 8 were in support and 5 expressed concerns - Joan
Marks, Ron Bevins, Thomas Spencer, John Lenny and Barry Eaton. Mr. Lenny's
property is not within the proposed project area and his comments were outside
the scope of the agenda items being considered tonight.
·
In reviewing the oral co~ents, they identified several key issues raised
which fall into four different categories:
1. Lack of specifics.
2. Questions about eminent domain and the effect on small property owners
and businesses.
3. Concerns about adjacent residential areas.
4. City of Fullerton concerns about the area north of the 91 Freeway.
Mrs. Stipkovich then addressed each of those concerns (see verbatim transcript
for details). In concluding her answers to the concerns and questions
expressed orally at_ the December 7, 1993 joint public hearing, Mrs. Stipkovich
stated she feels they have now responded to the oral objections expressed and
relative to the written objections, written responses have been submitted to
those submitting those objections and copies given to the Agency and
Commission.
·
Mayor/Chairman Daly asked if there were any questions of the Community
Redevelopment Commission, staff or Council/Agency Members; th~fW'~ere none.
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City Hallr Anahe£mr california - COUNCXL MINUTES - DECEMBER 14r 1993 - 5:00 P.M.
Mayor/Chairman Daly. The public hearing was closed last week. Before them
tonight is a series of resolutions recommended for adoption by the
Redevelopment staff. If there are no further questions, he suggests that they
proceed to act on items A-I as indicated on the agenda followed by an
ordinance which is recommended for first reading this evening. The Agency
will adopt the first item and then the Community Redevelopment Commission is
to consider the next two items. Ail of the remaining items are either for the
Redevelopment Agency or Council to consider.
Council Member Daly offered Resolution No. ARA93-31 for adoption, certifying
the final Environmental Impact Report. Refer to Resolution Book. -
RESOLUTION No. .ARA93-31: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
CERTIFYING THE COMPLETION OF A FINAL ENVIRONMENTAL IMPACT REPORT FOR THE
COMMERCIAL/INDUSTRIAL REDEVELOPMENT PROJECT.
Roll Call Vote on Resolution No. ARA93-31 for adoption,
AYES:
NOES:
ABSENT
AGENCY MEMBERS= Feldhaus, Simpson, Pickler, Hunter, Daly
AGENCY MEMBERS = None
AGENCY MEMBERS = None
The Chairman declared Resolution No. ARA93-31 duly passed and adopted.
Commissioner McMillan offered Resolution No. CRC93-14 for adoption,
considering the final Environmental Impact Report and CRC93-15 for adoption,
approving and adopting the Redevelopment Plan for the Commercial/Industrial
Redevelopment Project and recommending City Council approval. Refer to
Resolut ion Book.
RESOLUT!..ON NO. CRC93-14~ A RESOLUTION OF THE COMMUNITY REDEVELOPMENT
COMMISSION CONSIDERING THE FINAL ENVIRONMENTAL. IMPACT REPORT.
RESOLUTION NO. CRC93-~5~ A RESOLUTION OF THE COMMUNITY REDEVELOPMENT
COMMISSION APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE
COMMERCIAL/INDUSTRIAL REDEVELOPMENT PROJECT AND RECOMMENDING CITY COUNCIL
APPROVAL.
Roll C&ll Vote on Relolutton Nos. CRC9}-~,4 %nd CR¢95-~$ ~or adoptions
AYES:
NOES:
ABSENT:
COMMISSION MEMBERS.- Holguin, Linn, McMillan, Pinson, Renner,
COMMISSION MEMBERS: None
COMMISSION MEMBERS: Bostwick and Perreira
The Chairman declared Resolution Nos. CRC93-14 and CRC93-15 duly passed and
adopted.
Agency Member Daly offered Resolution No. ARA93-32 for adoption, approving and
adopting Relocation Assistance Guidelines for the Commercial/Industrial
Redevelopment Project~ Resolution No. ARA93-33 for adoption, finding that the
use of taxes allocated from the Cor, mercial/Industrial 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~ and Resolution No. ARA93-34 for adoption, approving and adopting the
Redevelopment Plan for the Commercial/Industrial Redevelopme~t~P~OJect and
recommending City Council approval. Refer to Resolution Book.
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City Hallf ~,aheimr California - COUNCIL MINUTES - DECEMBER 14r 1993 - 5~00 P.M.
~ESOLUT~ON NO. A~93-32: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
APPROVING AND ADOPTING RELOCATION ASSISTANCE GUIDELINES FOR THE
COMMERCIAL/INDUSTRIAL REDEVELOPMENT PROJECT .
·
p~SOLUTION NO. ARA93-~= A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
FINDING THAT THE USE OF TAXES ALLOCATED FROM THE COMMERCIAL/INDUSTRIAL
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- ARA93-34: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE COMMERCIAL/INDUSTRIAL
REDEVELOPMENT PROJECT AND RECOMMENDING CITY COUNCIL APPROVAL.
Ro~ Call VOWS on RoSO~ton Nos. ARA93-3:~ throuqh ARA93-34, both ~nclus£ve,
for adopt£on =
AYES:
NOES:
ABSENT:
AGENCY MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly
AGENCY MEMBERS: None
AGENCY MEMBERS: None
The Chairman declared Resolution Nos. ARA93-32 through ARA93-34, both
inclusive, duly passed and adopted.
Council Member Pickler offered Resolution No. 93R-240 for adoption,
considering the Final Environmental Impact Report; Resolution No. 93R-241 for
adoption, finding that the use of taxes allocated from the
Commercial/Industrial 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 Resolution No. 93R-242
for adoption, overruling written and oral objections and adopting written
findings in response to written objections received from affected property
owners and taxing entities and overruling such written objections to the
proposed Redevelopment Plan for the Commercial/Industrial Redevelopment
Project. Refer to Resolution Book.
RESOLUTION NO. 93. R-~40: 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 COMMERCIAL/INDUSTRIAL
REDEVELOPMENT PROJECT.
RESOLUTION NO: 93R-241: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING THAT THE USE OF TAXES ALLOCATED FROM THE COMMERCIAL/INDUSTRIAL
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. 93R-242= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM OVERRULING WRITTEN AND ORAL OBJECTIONS AND ADOPTING WRITTEN FINDINGS
IN RESPONSE TO WRITTEN OBJECTIONS RECEIVED FROM AFFECTED PROPERTY OWNERS AND
TAXING ENTITIES AND OVERRULING SUCH WRITTEN OBJECTIONS TO THE PROPOSED
REDEVELOPMENT PLAN FOR THE COMMERCIAL/INDUSTRIAL REDEVELOPMENT PROJECT.
Roll Call Vote on Resolution NOS. 93R-240 throuqh 93R-242~ both inc~us£ve~ for
adoption~
894
C£ty Rall~ ~nahe£mm Cal£forn£a - COUNCIL MINIFTE,S. - DECEMBER 14~ 1993 - 5:00 P.M.
AYES:
NOES:
ABSENT
COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 93R-240 through 93R-242, both inclusive,
duly passed and adopted.
ORDINANCE NO. 5415 - INTRODUCTION: Approving and adopting _the Redevelopment
Plan for the Commercial/Industrial Redevelopment Project.
Council Member Daly offered Ordinance No. 5415 for first reading.
ORDINANCE NO. 5415~ AN ORDINANCE OF THE CITY OF ANAHEIM APPROVING AND
ADOPTING THE REDEVELOPMENT PLAN FOR THE COMMERCIAL/INDUSTRIAL REDEVELOPMENT
PROJECT.
Mayor Daly thanked the Community Redevelopment Commission for the time they
have devoted to the project as well as to the Planning Commissioners, five of
whom are present this evening (Peraza, Messe, Mayer, Tait and Caldwell). He
thanked the Community Development Department staff and all consultants. He
especially commended Lisa Stipkovich for the community outreach she ha~ done
to gain a remarkable degree of community support for what the Council believes
is a badly needed and vitally important project for the core of the City.
ADJOURNMENT - COMMUNITY REDEVELOPMENT COMMISSION: Chairman Paul McMillan
moved to adjourn the Community'Redevelopment Commission meeting. Commissioner
Rennet seconded the motion. Commissioners Bostwick and Perreira were absent.
MOTION CARRIED. (7: 05 p.m. )
ADJOURNMENT - REDEVELOPMENT AGENCy: Agency Member Daly moved to adjourn the
Anaheim Redevelopment Agency meeting. Agency Member Pickler seconded the
motion. MOTION CARRIED. (7 = 06 p.m. )
City Attorney White. The Planning Commission yesterday adjourned its meeting
to tonight. It would be appropriate for the Planning Commission to call its
meeting to order and adjourn at this time since no action was necessary.
A1 Peraza, Chairman of the Planning Commission called the adjourned regular
meeting of the Planning Commission of Monday, December 13, 1993 (held
December 14, 1993 to order at 7:06 p.m., and subsequently moved to adjourn the
meeting since no action was necessary. Commissioner Messe seconded the
motion. MOTION CARRIED. (7: 06 p.m. )
C2. COUNCIL COMMENTS
171: RE-INSTATINC THE UTILITY USER TAX:
Council Member Pickler. Reading from a prepared statement, he outlined a
series of problems the City has been wrestling with over the past 6 months
such as increasing gang activity, police officers frustrated and dissatisfied,
cutbacks in Parks and Recreation and library services. The City Manager has
informed them that the outlook for the future does not look any brighter and
that there will be a shortfall in the City's budget. Because of the
situation, he feels the Council should discuss reinstating the 2% Utility Tax.
The issu~ has caused deep division on the Council but he does not believe such
differences should paralyze them. If they are going to solve the difficult
problems with which the City is faced, they must at least con~~-a 2%
Utility Tax as well as budget cutting options. Therefore, he is requesting
895
C£ty Ra11~ R~ahe£m~, Cal,t. forn*la - COUNCIL MINUTES - DBCEq4B,ER 14~ 1993 - 5~00 P.M.
that the City Manager place the issue of a Utility Tax on a Council Agenda in
December or January for discussion. He suggests a plan that puts 1% into
public safety and 1% into other departments such as Libraries, Parks and
Recreation and towards putting the City back on a sound financial base. He
recommends looking at a plan that gets 50 to 75 new police officers on the
street as soon as possible. He would suggest that the City Manager be
prepared to provide his recommendations on how such a 2% Utility Tax could be
structured and spent as the first step in their discussion.
There were no comments by Council Members on the proposal and no further
action was taken by the Council on the request.
Before the close of the meeting, Council Member Pickler referred to his
statement and asked the Council Members if they have an opportunity to review
it and would like to make any other recommendations, he would like to hear
from them or have them bring it to the next meeting.
107: NEW COUNTY NO-SMOKING ORDiNaNCE:
Council Member Feldhaus. He does not know if other Council Members have
received phone calls as he has regarding the County's new proposed no-smoking
ordinance. He feels that this matter should be driven by private enterprise
and not dictated by Government. It is up to the hotels, restaurants and
motels to institute their own rules relative to no smoking such as setting up
non-smoking sections, etc. Government should not be involved in legislating
in this area. He would hope there is a consensus on the Council that agrees
that the matter is better left to private enterprise.
Mayor Daly. They have received calls. He inquired if the County Board of
Supervisors have finished their discussion on the issue. As he understands,
the ordinance would apply to only unincorporated areas.
City Attorney White. He does not know if the ordinance is adopted but the
County does not have jurisdiction to impose the ordinance on incorporated
areas. It would only apply to the unincorporated areas of the County. As
Council knows, Anaheim does have its own no-smoking ordinance that does not go
as far as the County's but requires private businesses to adopt no-smoking
policies for portions of their work sites and, establishes no-smoking policy
for the City's facilities.
Mayor Daly. He asked that staff prepare a response to some of the calls and
letters that have been received to the effect that the ordinance under
consideration by the County does not impact businesses in Anaheim. There have
been calls and letters from concerned business people.
Council Member Pickler. He is a firm believer that second-hand smoke is a
detriment to the people in the community. When the City's first no-smoking
ordinance was proposed and subsequently adopted, staff worked with the private
sector. He for one is not going to stop continuing to look at that potential
with the possibility that they can save lives.
114: ABSENCE FROM COUNCIb ~ETING:
Council Member Hunter. He will not be present at next week's meeting
(December 21, 1993). It is Christmas week and he will be spending time with
his family.
,
114.' CANCELLATION OF THE J.ANUARY 4~ 1994 COUNCIL ~..ETING=
Mayor Daly. There was a question as to whether or not the CO~=fI will meet
on January 4, 1994. A meeting is currently scheduled for that date. He asked
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City Rall~ Anahe£m~ C:&l£~orn£& - COUNC:XL MI~$ - DE:C~MBER 14~ 1993 - 5:00 P.14.
staff the amount of departmental business they anticipate for the January 4th
meeting.
City Manager Ruth answered at this time there is nothing that pressing that
could not be carried over to the following meeting. ·
Council Member Pickler moved that the Council not meet on January 4, 1994.
Council Member Hunter seconded the motion.
Before a vote was taken, City Attorney White noted that earlier in the
meeting, a condemnation hearing was continued to the January 4, 1994 meeting.
Legally, there is not a problem. What the Council is doing by motion is
indicating they do not intend to have a meeting on January 4, 1994. It is
still a legally scheduled meeting date and if some emergency came up that they
had to meet on January 4th, they could still do so legally.
A vote was then taken on the foregoing motion that the Council does not intend
to meet on January 4, 1994. MOTION CARRIED.
ADJOURNMENT: By general consent, the Council adjourned. (7:20 p.m. )
LEONORA N. SOHL, CITY CLERK
897