1992/01/14City Hall, Anaheim, California - COUNCIL MINUTES - January 14, 1992, 5:00 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
ABSENT: COUNCIL MEMBERS: None
PRESENT: CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
DIRECTOR PARKS, RECREATION AND COMMUNITY SERVICES: Chris Jarvi
CODE ENFORCEMENT MANAGER: John Poole
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 12:45 p.m. on January 10, 1992 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Hunter 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 Associates vs. City of
Anaheim, et al., Orange County Superior Court Case No. 44-81-74.
b. To meet with and give directions to the City's Real Property
Negotiator concerning possible acquisition of property located at the
northwest corner of Katella and Howell by Villiage R.V.
c. To meet with and give directions to its authorized representative
regarding labor relations matters - Government Code Section 54957.6.
d. To consider and take possible action upon personnel matters
pursuant to Government Code Section 54957.
e. To confer with its attorney regarding potential litigation
pursuant to Government Code Section 54956.9 (b) (1).
f. To consider and take possible action upon such other matters as
are orally announced by the City AttorneY, City Manager or City
Council prior to such recess unless the motion to recess indicates any
of the matters will not be considered in closed session.
By general Consent, the Council recessed into Closed Session. (3:00 p.m.)
27
City Hall, Anaheim, California - COUNCIL MINUTES - January 14, 1992, 5.-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. (5:15 p.m.)
INVOCATION: A moment of silence was observed in lieu of the invocation.
FLAG SALUTE: Council Member Tom Daly led the assembly in the Pledge of
Allegiance to the Flag.
119: PROCLAMATION: The following proclamation was issued by Mayor Hunter and
authorized by the City Council:
PTA Week in Anaheim, May 11- 17, 1992
119: DECLARATION OF CONGRATULATIONS: A Declarations of Congratulations was
unanimously adopted by the City Council and presented to Richard Larochelle,
Church Senior Warden and Betty Pettit, Preschool Director congratulating
St. Michael's Episcopal Preschool for being the first preschool in Anaheim to
receive national accreditation by the National Association for the Education of
Young Children and the National Academy of Early Childhood Programs.
Mayor Hunter and Council Members commended St. Michael's on receiving this
distinguished and singular honor.
119: DECLARATION OF RECOGNITION AND APPRECIATION: A Declaration of
Recognition and Appreciation was unanimously adopted by the City Council and
presented to Robert L. Puckett, upon his retirement from the Police Department
after 30 years of dedicated service. Lieutenant Puckett was accompanied by his
wife and family members.
Mayor Hunter and Council Members personally commended Lieutenant Puckett and
thanked him for his many years of service to the citizens and City of Anaheim.
Mayor Hunter commented that as of this time, Lieutenant Puckett was the most
senior employee in the Police Department. He (Hunter) further commented on
Mr. Puckett's service which he recalled from the time he served with him on the
Police force.
119: DECLARATION OF RECOGNITION AND APPRECIATION: A Declaration of
Recognition and Appreciation was unanimously adopted by the City Council to be
presented to Donn E. West, who is retiring from the City after almost 34 years
of service in the Public Utilities Department.
Mayor Hunter and Council Members commended Mr. West for his long and dedicated
service to the citizens and City of Anaheim.
119: DECLARATION OF RECOGNITION AND APPRECIATION: A Declaration of
Recognition and Appreciation was unanimously adopted by the City Council
recognizing Frank and Sylvia Garcia for their work in organizing a program to
feed needy people on Thanksgiving and Christmas.
Mayor Hunter and Council Members commended the Garcias' who continually give of
themselves to benefit the community and especially those less fortunate during
the holidays.
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City Hall, Anaheim, California - COUNCIL MINUTES - January 14, 1992, 5:00 P.M.
119: DECLARATION OF RECOGNITION AND APPRECIATION: A Declaration of
Recognition and Appreciation was unanimously adopted by the City Council and
presented to Vicki Hawkins accompanied by two other program participants
commending the First Christian Church Adopt-A-Block Team for one year's
participation in the Wipe Out Graffiti Program. Church members painted out
almost 50,000 square feet of graffiti since last January, having devoted over
200 hours to that program.
Mayor Hunter and Council Members expressed their appreciation to the members of
the First Christian Church for helping to keep Anaheim graffiti free and
devoting so much time to make the Anaheim community a better place to live.
MINUTES: Council Member Simpson moved to approve the minutes of the regular
meeting held December 17, 1991. Council Member Pickler seconded the motion.
MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,932,936.79 for the
period ending January 10, 1991, in accordance with the 1991-92 Budget, were
approved.
Mayor Hunter recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (5:31 p.m.)
Mayor Hunter reconvened the City Council meeting. (5:32 p.m. )
PUBLIC COMMENTS - AGENDA ITEMS: Input was received from the public on Agenda
Items All and Cl. (See those items which indicate the people who spoke and
their specific comments. )
PUBLIC COMMENTS - NON AGENDA ITEMS: No items of public comments were
addressed.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member
Pickler, seconded by Council Member Hunter, the following items were approved
in accordance with the reports, certifications and recommendations furnished
each Council Member and as listed on the Consent Calendar; Council Member
Pickler offered Resolution No. 92R-6 and offered Ordinance Nos. 5281 and 5282
for adoption. Refer to Resolution/Ordinance Book.
WAIVER OF READING - RESOLUTION/ORDINANCES: The titles of the following
resolution and ordinances were read by the City Manager. (Resolution No. 92R-6
and Ordinance Nos. 5281 and 5282 for adoption)
Council Member Pickler moved to waive the reading in full of the resolution and
ordinances. Council Member Hunter seconded the motion. MOTION CARRIED.
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 Allstate Insurance Company for property damage
sustained purportedly due to actions of the City on or about November 4, 1991.
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City Hall, Anaheim, California - COUNCIL MINUTES - January 14, 1992, 5:00 P.M.
b. Claim submitted by Francisco H. Aburto for property damage sustained
purportedly due to actions of the City on or about October 4, 1991.
c. Claim submitted by Child Life Learning Center for property damage
sustained purportedly due to actions of the City on or about November 15,
1991.
A2. 105: Receiving and filing minutes of the Senior Citizens Commission
meeting held November 14, 1991.
105: Receiving and filing minutes of the Community Services Board meeting
held November 14, 1991.
105: Receiving and filing minutes of the Community Redevelopment Commission
meeting held December 11, 1991.
173: Receiving and filing a notice from Greyhound Lines, Inc., regarding
Application No. A91-12-023 filed with the California Public Service
Commission, to increase its passenger bus fares, and to restructure the manner
in which fares are determined from the current point-to-point method, to the
mileage based fare structure currently used for interstate application.
Greyhound also wishes to establish a Zone of Rate Freedom authorizing
increases in mileage-based passenger fares from 0% up to 54.58%.
A3. 150: Approving a Notice of Completion of the construction of Maxwell
Park Therapeutic Center Expansion by Enwel Incorporated, and authorizing the
mayor to sign and the city Clerk to file said Notice of Completion.
A4. 169: Approving a Notice of Completion of the construction of Vintage
Lane Soundwall by Gillespie Construction, Inc., and authorizing the Mayor to
sign and the City Clerk to file said Notice of Completion.
A5. 151: Approving an Encroachment License Agreement (91-6E) with
Condominium Billing Company for walls, sidewalks and steps to be located
within an existing storm drain easement on property located at 5121 Copa De
Oro Drive.
A6. 123: Accepting the low bid, and approving an Agreement with Artistic
Maintenance, in the amount of $28,229.52 for landscape maintenance at the
Police Department Headquarters, for a period of two years (with two optional
one-year extensions), in accordance with Bid ~5006.
A7. 160: Accepting the low bid of Civic Helicopter Parts, in the amount of
$22,450 plus any applicable taxes for one main rotor hub assembly, in
accordance with Bid #5009.
AS. 128: Receiving and filing the Monthly Financial Analysis presented by
the Director of Finance for four months ended October 31, 1991.
A9. 000: Approving a partial fee waiver for West Anaheim National Junior
Basketball for gymnasium usage for the 1991-92 season only.
30
City Hallt Anaheimt California - COUNCIL MINUTES - January 14~ 1992~ 5=00 P.M.
Al0. 175: ORDINANCE NO. 5281 - (ADOPTION): AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING CHAPTER 17.24 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO UNDERGROUND UTILITIES.
All. 179: ORDINANCE NO. 5282 - (ADOPTION}.' AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING SECTION 18.04.080 OF CHAPTER 18.04 OF TITLE 18' OF THE ANAHEIM
MUNICIPAL CODE TO PROVIDE FOR THE DEDICATION AND IMPROVEMENT OF TRAILS.
Don Stolo, 7585 Martella Lane, Anaheim. At last weeks meeting, he was assured
that the City's power of condemnation was seldom if ever used. In the interim
he spoke with Dick Mayer of the Parks and Recreation Department relative to
the proposed equestrian trail across his property and that it would be
unneccessary. He was informed by Mr. Mayer that it was his and the Parks
Department's future intention to convince the City Council to use its power of
condemnation not only against him and his neighbors but in other areas of the
hills. He finds that his overriding concern is the expressed intent of the
Department. He questioned the Council if they were going to allow the
Department additional powers that would contribute to the stated goal to
acquire property through condemnation. He is requesting that prior to
ratifying any additional powers to the Parks and Recreation Department that
the Council review the budget and the Specific Plans 'of the Department
relative to future trail acquisitions.
City Attorney Jack White then confirmed for Council Member Pickler that the
power of eminent domain rests entirely with the City Council and not the Parks
and Recreation Department.
Brenda Kalb, 7695 Silver Dollar Lane, Anaheim. She is an avid user of the
Anaheim Hills trail system both on foot and horseback. The trails are well
maintained and there is no evidence of graffiti and excessive litter. She
strongly urges the Council to approve the pending ordinance regarding the
commitment of trails. Several years ago there were many more trails and a lot
less traffic. She is now faced with the problem of getting herself and her
horse to the trails safely. She then explained the difficult process to
access the trails and what she would be forced to do if there are no easements
for trails. She would like to see the Mohler Loop, east hills trails and all
the other new trails which hopefully will be established someday be connected
for everyone's benefit and safety.
Chris Jarvi, Director of Parks, Recreation and Community Services, explained
for Mayor Hunter that there are two different issues involved. One is
Mr. Stolo's issue relative to the trail and trying to complete the
connection. Mr. Stolo is dealing with the Department on this matter. The
other issue is the proposed ordinance which allows the ability to require
trails on single parcels when people come in for building permits.
Mr. Stolo's concern is if they build trails in the canyon, there will be a
requirement to fill some of the other gaps. The gaps are on the master plan
of trails and are also on the City's General Plan. The Department has
specific direction from the Council to complete them and is working to do so
which may take many years. Without the ordinance, they will not have that
ability. The proposed code amendment involves unapproved properties.
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City Hall, Anaheim, California - COUNCIL MINUTES - January 14, 1992, 5:00 P.M.
Dirk Bedford, 251 Country Hill Road, Anaheim. There is an easement across his
property which is used by hikers, joggers, horses, et cetera. It is important
to maintain a constant trail program or else the trails will end up in bits
and pieces as it is now. They would appreciate the Council's support.
Charles Suggett, Martella Lane. Everyone talks about bits and pieces of the
trail. There are so many holes in it that without condemnation, it will never
be completed. He appreciates that many people want the trails but in his
opinion it has been mismanaged. People have even built swimming pools in the
right-of-way because the City gave them permits to do so. The situation has
to be analyzed before proceeding.
Louise Laboux, 455 Country Hill Road, Anaheim. She moved to the Country Hill
Road area for the specific reason that there is open space and trails. The
residents of the area have horses. She asks that the Council consider the
fact that people moved to that area for that specific purpose.
Para Frazier, 485 Country Hill Road, Anaheim. She is in support of the
propose~ ordinance. She is thankful that Anaheim is a community where there
is something for everyone. She owns three horses and hopes to continue to be
able to reside in the area so she can use the local trails. She hopes the
problems the City faces in improving and completing the trails for the General
Plan are about to be resolved. She respectfully recommends that when problems
arise, the City consult with staff in Yorba Linda. Some of the problems
Anaheim is facing, Yorba Linda has had to face in the past.
Jennifer Burke, 475 S. Via Vista, Anaheim. She moved to the area three years
ago, specifically because it was an area that would allow horses. The City
needs to do whatever is necessary to maintain and improve the trails and
trails system. Every time she calls the City, Mr. Mayer is immediately
responsive. She proposed the following which she also proposed to Mr. Mayer
on October 18, 1991, when he personally went to the area to see the situation
first hand. (Also see proposal entitled Santa Ana Canyon Committee Riding
Arena submitted by Mrs. Burke as the Mohler Loop representative which she
submitted and which was made a part of the record.)
1) Improvement of the fencing (improvements are already in progress).
2) They would like an arena in the area where children can learn to ride
safely.
3) Some communication that the Mohler Loop is an equestrian community and
that motorist should drive with caution.
Specifics of the recommendations are outlined in the proposal submitted.
There are now 38 horses on the loop up from 20 to 25 when they first moved to
the area. There are more equestrian activities and not less.
City Attorney White then confirmed for Council Member Ehrle that the proposed
ordinance merely adds the word "trails" to the existing ordinance that
requires property owners to dedicate and improve right-of-way to the City in
conjunction with being issued building permits. There is also a procedure
built into the ordinance that in cases where the dedication would be so
onerous as to out weigh the benefit that would be derived, there is a
32
City Hall, Anaheim, California - COUNCIL MINUTES - January 14, 1992, 5=00' P.M.
procedure where the City can allow a waiver of that requirement. Tonight the
only thing the Council is considering is whether or not to add the word
'trails' to that existing ordinance so that anyone requesting a building
permit would be required to dedicate in accordance with the City's General
Plan the trails shown as crossing their property. This City Council nor any
other can commit whether it will or will not, in the future, exercise the
power of eminent domain. It requires a very technical procedure and is a
totally separate proceeding. The Council is not acting upon that tonight or
does the action they are taking necessarily lead to that conclusion that they
are coming back in the future to take that step. It is not precluded, but it
is not the necessary next step if they adopt the ordinance.
Council Member Daly. He wanted to be certain the residents leave with the
clear idea - the staff report says certificate of occupancy or 'occupancy
permits have been issued to developers before actual trail improvements are
developed.' The City Attorney said building permit and that could be a
building permit for a piece of land already approved such as a tear-down
project. He assumes if they get a building permit for that project, the new
ordinance would apply.
City Attorney White, the ordinance does contain an exemption for minor
alterations. If a resident needs to re-roof a house or make a small room
addition, they are not going to be required to dedicate a trail. This relates
to a major substantial new improvement on the property where dedication would
be required. There are two parts - one is the dedication of the right-of-way
and one is the actual improvement. One comes in conjunction with the building
permit - the dedication. The improvement Comes in conjunction with the
occupancy.
At the conclusion of the Consent Calendar, the City Council adopted Ordinance
No. 5282.
Council Member Pickler also commented that he is a proponent of trails and
would like in the future to have a Council workshop on the issue and have the
Parks and Recreation Department show where the trails are going, where they
stop, start, et cetera.
City Manager Ruth. Staff is in the process of setting up two workshops and
one relates to trails.
Al2. 153: RESOLUTION NO. 92R-6: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM
MUNICIPAL EMPLOYEES ASSOCIATION, GENERAL UNIT, AND THE CITY OF ANAHEIM
(ARTICLE 44 - SHIFT DIFFERENTIALS).
A13. 153: Designating January 20, 1992, Martin Luther King Jr. 's Birthday,
as a City Holiday.
A14. 153: Approving 1992 renewal rates for the Kaiser 'Q' Health Plan of
$123.61 for single coverage and $350.05 for family coverage, effective March
1, 1992, and authorizing the Human Resources Director to sign the renewal on
behalf of the City.
33
City Hallt Anaheimt California - COUNCIL MINUTES - January 14~ 1992~ 5=00 P.M.
A15. 150= Accepting four grants from the Orange County Urban Parks Program
for the following projects= 1) Peralta Canyon Park Group Picnic Shelter; 2)
Peralta Canyon Recreation Center Improvements; 3) La Palma Park (Glover
Stadium) Baseball Concession Improvements; and 4) Basketball Court Lighting
Improvements at Peralta Canyon, Ponderosa, Twila Reid, John Marshall and
Eucalyptus~Parks for a total amount of $223,000.
Roll Call Vote on Resolution No. 92R-6 for adoption=
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 92R-6 duly passed and adopted.
Roll Call Vote on Ordinance Nos. 5281 and 5282 for adoption:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Ordinance Nos. 5281 and 5282 duly passed and adopted.
End of Consent Calendar. MOTIONS CARRIED.
134: POSSIBLE CHARTER AMENDMENTS: Council Member Ehrle. He would like to
place on the Council Agenda two weeks from tonight, for discussion purposes
only, proposed charter amendments to place on the ballot, the issues being
term limitations and campaign spending limitations. He asked that the City
Attorney prepare a legal analysis on what they can or cannot do since certain
things may not be constitutional.
By general Council consensus, it was determined the discussion on the
foregoing proposed charter amendments be agendized for the Council meeting of
January 28, 1992.
BOARD AND COMMISSION ITEM:
Al6. 105: APPOINTMENT TO THE COMMUNITY SERVICES BOARD.- Appointment to the
Community Services Board to fill an unscheduled vacancy (Vance Ready - term
expires June 30, 1995).
Council Member Hunter nominated Steven Stavely.
Since there were no further nominations, nominations were closed.
Mr. Stavely was thereupon unanimously appointed to the Community Services
Board for the term expiring June 30, 1995.
34
City Hallm An&he,mm California - COUNCIL MINUTES - January 14. 1992. Ss00 P.M.
ITEM B1 FRO~ ~ ZONING ADMINISTRATOR ME, ET~NG OF DECEMBER 26, 1991 - DECISION
DATE= DECEMBER 30, ~991. INFORMATION ONLY - A~PEAL ~ERIOD ENDS JANUARY 14.
:1.992=
~1- 179s CONDITIONAL USE ~ERMIT NO. 3485, C~TEGOR.ICALLY EXEMPT, ~S$ ~:
OWNERs CORP. OR THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST
OF LATTER DAY SAINTS
61 East North Temple Street, Salt Lake City, Utah 84150.
AGENTs GARY W. MILLER ARCHITECTS & ASSOC., INC., 350 W. 5th St. STE.
201-B, san Bernardino, CA 92401.
LOCATION: 441 Fairmont Boulevard. Property Is approximately 11.58
acres located on and having approximate frontage of 1,045 feet on the
southwest side of Fairmont Boulevard, located approximately 260 feet
southeast of the centerline of Canyon Hills Road.
To permit a ground-mounted satellite dish antenna.
~CTION TAKEN BY THE ZONING ADMINISTRATOR=
CUP NO. 3485 APPROVED (ZA91-58) .
ITEM B2 FROM THE ZONING ADMINISTRATOR MEETING OF DECEMBER 26, 1991 - DECISION
DATE= DECEMBER 30m 1991m INFORMATION ONLY - APPEAL PERIOD ENDS JANUARY 21~
1992=
B2.' 179= ADMINISTRATIVE USE PERMIT NO. 91-05=
OWNER= NANCY KENNEDY, 318 S. Velva Place, Anaheim, CA 92804.
LOCATION= 318 South rely& Place. Property is approximately 0.18
acre located on the east side of Velva Place, approximately 130 feet
north of the centerline of West Elm Avenue located at 318 South Velva
Place.
To permit a Large Family Day Care Home for up to 12 children.
ACTION TAKEN BY THE ZONING ADMINISTRATOR=
ADMINISTRATIVE USE PERMIT NO. 91-05 APPROVED (ZA91-59).
End of the Zoning Administrator Items.
B3. 179: REQUEST FOR EXTENSION OF TIME - CONDITIONAL USE PERMIT NO- ~356:
REQUESTED BY: TOM GRIFFITH, ROCKEFELLER a ASSOCIATES REALTY, L.P.,
Four Embarcadero Center, 26th Floor, San Francisco, CA 94111.
LOCATION/REQUEST= The property is located at 1750 South State
College Boulevard. The petitioner requests a time extension to
comply with conditions of approval of Conditional Use Permit
No. 3356. The use permit is to permit and govern two 200-foot high,
13-story office towers, (289,000 square feet each), one 3-story,
134-room all-suites (full kitchen) hotel with on-sale alcohol in an
enclosed hotel restaurant and a cocktail lounge within a
10,000-square foot restaurant, and 6,000 square feet of specialty
service/retail uses including fast food, in conjunction with one
7-level parking structure and with waiver of minimum number of
parking spaces.
Submitted was report dated January 6, 1992, from the Zoning Administrator,
Annika Santalahti recommending approval of the request for time extension to
expire January 15, 1993.
35
City Hall, Anaheim, California - COUNCIL MINUTES - January 14, 1992, 5:00 P.M.
MOTION: Council Member Pickler moved to approve the requested extension of
time on Conditional Use Permit No. 3356 to expire January 15, 1993, as
recommended. Council Member Ehrle seconded the motion. MOTION CARRIED.
ITEM B4 FROM THE PLANNING COMMISSION MEETING OF JANUARY 13, 1992, INFORMATION
ONLY - APPEAL PERIOD ENDS JANUARY 23, 1992:
...B4. 170: TENTATIVE TRACT MAP NO. 14185, REVISION NO. 3, SPECIMEN TREE
REMOVAL PERMIT NOS. 91-10 AND 91-11, VARIANCE NO. 4155 AND MITIGATED .NEGATIVE
DECLARATION:
OWNER: ROBERT D. AND HAROLDENE WIENS, 7536' Vista Del Sol, Anaheim,
CA 92808.
LOCATION: Property is approximately 11.4 acres located on the east
side of country Hill Road and approximately 830 feet east of the
intersection of country Hill Road and Vista Del Sol.
Waiver of required street improvements on Country Hill Road, to
establish a 13-1ot, RS-HS-22,000(SC), single-family residential
subdivision.
To remove ninety-five (95) specimen trees (including 56 dead trees).
ACTION TAKEN BY THE PLANNING COMMISSION:
Tentative Tract Map No. 14185, Revision No. 3 (APPROVED).
NOTE: Variance No. 4155 and Specimen Tree Removal Permit Nos. 91-10
and 91-11 have a 22-day appeal period, and will appear on the City
Council agenda of February 4, 1992.
Cl. 179: APPLICATION FOR POOL ROOM PERMIT - EL OJO DE AGUA BAR:
REQUESTED BY: JUAN B. CARBAJAL, 748 North Olive Street, Anaheim, CA
92805.
The location is at 1287 E. Lincoln Avenue. The petitioner is
requesting a pool room permit to operate three pool tables in
conjunction with serving beer and food.
Submitted was report dated January 3, 1992 from the Code Enforcement Manager,
John Poole recommending that the Council approve the pool room permit
application.
John Poole, Code Enforcement Manager. He clarified for the Mayor that staff
iS recommending approval. This is merely a change of ownership and there have
been no problems experienced at the location.
MOTION: Council Member Pickler moved to approve the application for pool room
permit for the name of the bar as recommended, Council Member Ehrle seconded
the motion. MOTION CARRIED.
C2. 179: APPLICATION FOR POOL ROOM PERMIT - FOXXY'S:
REQUESTED BY: LOU M. CLINTON, 17144 Santa Lucia Street, Fountain
Valley, CA 92708.
The location is 1029-1031N. Magnolia Avenue. The petitioner
requests a pool room permit to permit four pool tables in an existing
beer bar where admittance is limited to adults only.
Submitted was report dated January 3, 1992 from the Code Enforcement Manager,
John Poole recommending denial of the request for a pool room permit.
36
City Hall, An~heimm California - COUNCIL MINUTES - January 14. 1992. 5:00 p.M.
The City Clerk announced that Mrs. Lou Clinton had requested to speak to this
item.
Mayor Hunter first asked to hear from staff.
John Poole, Code Enforcement Manager. Both Code Enforcement and the Police
Department recommend denial of the pool room permit application based on
criminal activity that has occurred at the location during the past year (see
staff report dated January 3, 1992 from the Code Enforcement Manager) as well
as a substantial amount of City code violations that exist including health,
permit and building code violations.
Mrs. Lou Clinton, Foxxy's, 1029-1031 N. Magnolia. The pool tables at Foxxy's
have been in existence prior to their purchasing the business 17 years ago.
Relative to code violations, work is currently in progress. It is not yet
completed but the majority of the problems have been taken care of at this
time.
Council Member Ehrle moved that the pool room application submitted by
Lou M. Clinton for the operation of four pool tables at the location known as
· Foxxy's' and located at 1029-1031 North Magnolia Avenue be denied on the
grounds that the conducting or carrying on of the pool room at the proposed
location would be detrimental to the public health, public order or public
morals due to the fact that the beer bar currently existing at the proposed
location, and which would continue to be operated in conjunction with the pool
room, has been the subject of not less than 32 police contacts since
January 1, 1990, including numerous narcotics violations, and the facility is
currently being o~erated in violation of the Anaheim Municipal Code and the
City Health Code, all as more particularly described in the Planning
Department staff report dated January 3, 1992. Council Member Hunter seconded
the motion. MOTION CARRIED.
D1. 176: PUBLIC HEARING - AB.ANDONMENT NO. 91-10A~
In accordance with application filed by J.M. Peters Company, Agent/Morse
Consulting Group, a public hearing was held on proposed abandonment of a
6' x 90' electrical easement on Lot 9 of Tract No. 13797 pursuant to
Resolution No. 91R-324 duly published in the Anaheim Bulletin and notices
thereof posted in accordance with law.
Report of the City Engineer dated November 20, 1991 was submitted recommending
approval of said abandonment.
Mayor Hunter asked if anyone wished to address the Council~ there being no
response he closed the public hearing.
__
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Council
Member Hunter, seconded by Council Member Ehrle, the City Council determined
that the proposed activity falls within the definition of Section 3.01
Class 5, of the City of Anaheim guidelines to the requirements for an
Environmental Impact Report and is, therefore, categorically exempt from the
requirement to file an EIR. MOTION CARRIED.
37
City Hall, Anaheim, California - COUNCIL MINUTES - January 14, 1992, 5:00 p.M.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (92R-7)
Council Member Hunter moved to waive the reading in full of the resolution.
Council Member Pickler seconded the motion. MOTION CARRIED.
Council Member Hunter offered Resolution No. 92R-7 for adoption, approving
Abandonment No. 91-10A. Refer to Resolution Book.
RESOLUTION NO. 92R-7: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING THE VACATION AND ABANDONMENT OF A 6' x 90' ELECTRICAL EASEMENT ON
LOT 9 OF TRACT 13797. (NO. 91-10A)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 92R-7 duly passed and adopted.
148: APPOINTING A REPRESENTATIVE TO THE AIR QUALITY MANAGEMENT DISTRICT:
council Member Pickler noted that next Friday the League of Cities is going to
be meeting to appoint a representative from the League to the Air Quality
Management District (AQMD).
Council Member Pickler moved that Anaheim go with Peter Bufe as the
representative and stay with Mr. Bufe on all ballots. Council Member Hunter
seconded the motion.
City Attorney Jack White. It would first be in order to make a motion waiving
the 72-hour posting provision of the Brown Act finding that the need to act on
the matter arose since the agenda was posted last Friday, which will require a
4/Sths vote.
MOTION: Council Member Pickler moved that the Council make a finding that the
need to act on the subject item arose after the Council Agenda was posted on
Friday, January 10, 1992, thereby waiving the 72-hour posting requirement of
the Brown Act. Council Member Hunter seconded the motion. MOTION CARRIED.
Council Member Daly. He has expressed concerns about the timing of taking a
position on this matter. He has not had a chance to hear from Mr. Bufe on his
plans for AQMD. He will, therefore, be opposing the motion by Council Member
Pickler to appoint Mr. Bufe.
Council Member Pickler. The reasons for his proposal - he feels they do not
have a representative at this time who represents what the cities, property
owners and businesses in the County of Orange are looking for. They need a
voice that can be heard and he does not think they have been getting that.
Council Member Daly. He reiterated he feels it is a mistake to act without
any kind of staff analysis of what AQMD policies have been, what most cities
participation has been, has Mr. Wedaa helped Anaheim citizens or not in his
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City Hall, Anaheim, California - COUNCIL MINUTES - January 14, 1992t 5:00 P.M.
voting records, and what Mr. Bufe intends to do distinctly different. Without
the benefit of this analysis, the action is ill-timed.
A vote was then taken on the foregoing motion by Council Member Pickler
recommending that Anaheim favors the appointment of Peter Bufe to the Air
Quality Management District. Council Member Daly voted no. MOTION CARRIED.
ADJOURNMENT: Council Member Hunter moved to adjourn, Council Member Pickler
seconded the motion. MOTION CARRIED. (6.- 12 p.m. )
No Council quorum is anticipated on January 21, 1992 and, therefore, the next
scheduled Council meeting will be January 28, 1992.
LEONORA N. SOHL, CITY CLERK
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