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1992/07/14City Hall, ~nahe£m, Cal£forn£a - COUNCIL NINUTE$ - JULY 14, 1992 - 5~00 The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Simpson, Ehrle, Pickler and Daly COUNCIL MEMBERS: Hunter CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl UTILITIES GENERAL MANAGER= Edward Aghjayan PLANNING DIRECTOR: Joel Fick ZONING ADMINISTRATOR: Annika Santalahti INTERGOVERNMENTAL RELATIONS OFFICER= Kristine Thalman EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:00 p.m. on July 10, 1992, at the Civic Center kiosk, containing all items as shown herein. Vice Chairman Daly called the meeting to order at 3=00 p.m. REOUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items: a. To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9 (a), to wit = Golden West Baseball Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46; Anaheim Stadium Associates vs. City of Anaheim, et al., Orange County Superior Court Case No. 44-81-74. Mayer vs. City of Anaheim, Orange County Superior Court Case No. 59-11-87. City of Anaheim vs. Admiral Insurance Company, et al, OCSC No. 65-06-78. Molnar vs. City of Anaheim, Orange County Superior Court Case No. 62-55- 00. b. To meet with and give directions to its authorized representative regarding labor relations matters - Government Code Section 54957.6. c. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. d. To confer with its attorney regarding potential litigation pursuant to Goverrunent Code Section 54956.9 (b) (1) . e. To meet with its Real Property Negotiator concerning the acquisition or sale of certain property in the vicinity of 1313 South Harbor Boulevard, owned by the Walt Disney Co. 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. g. To meet with the City's Real Property Negotiator concerning the possible disposition of property to the California Department of Transportation concerning the I-5 freeway widening. 464 City Hallr Anaheim, California - COUNCIL MINUTES - JULY 14r 1992 - 5:00 P.M. By general Consent, the Council recessed into Closed Session. (3:01 p.m. ) AFTER RECESS: Mayor Pro Tem called the meeting to order, all Council Members being present with the exception of Mayor Hunter, and welcomed those in attendance to the Council meeting. (5:14 p.m. ) INVOCATION: A moment of silence was observed in lieu of the invocation. FLAG SALUTE: Mayor Pro Tem Tom Daly led the assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATION - EXCELLENCE IN FINANCIAL REPORTING FROM THE GOVERNM_~NT FINANCE OFFICERS' ASSOCIATION: Mr. George Ferrone, the City's Finance Director, was presented with a plaque for Excellence in Financial reporting awarded by the Government Finance Officers' Association. Mayor Pro Tem Daly noted that this was the 16th consecutive annual award received, an outstanding achievement for the City, the Finance Director and his staff. Mr. Ferrone accepted the plaque, once again noting that the award would not have been possible without the assistance of his staff in the Finance Department. 119: DECLARATION OF CONGRATULATIONS: A Declaration of Congratulations was unanimously adopted by the City Council to be presented to the Women of the Sea Services including WAVES, Spars and Women Marines, celebrating their 50th Anniversary and welcoming them to their ninth bi-annual convention to be held in Anaheim and proclaiming WAVE National Week in Anaheim, July 13 through 18, 1992. 119: DECLARATION OF CONGRATULATIONS: A Declaration of Congratulations was unanimously adopted by the City Council and presented to Mr. Ralph Westrum, Administrator, UCI-North Orange County Community Clinic, upon his retirement. Mayor Pro Tem Daly and Council Members congratulated Mr. Westrum for his dedication to community health services and also for his work with Anaheim's JTPA Program and North Orange County ROP Program. His services will be missed. 119: DECLARATION OF RECOGNITION AND CONGRATULATIONS: A Declaration of Recognition and Congratulations was unanimously adopted by the City Council and presented to Sergeant James R. George upon his retirement from the Anaheim Police Department where he has given over 28 years of service. Mayor Pro Tem Daly and Council Members congratulated Sergeant George and thanked him for his many years of dedicated service to the City and citizens of Anaheim. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,803,659.03 for the period ending June 26, 1992; $4,363,762.37 for the period ending July 2, 1992; and $2,331,723.04 for the period ending July 10, 1992, in accordance with the 1991-92 Budget, were approved. Mayor Hunter recessed the City Council meeting until after the Redevelopment Agency, Housing Authority and Public Financing Authority meetings. (5:22 p.m.) Mayor Hunter reconvened the City Council meeting. (6:26 p.m. ) PUBLIC COMMENTS - AGENDA ITEMS: There were no public comments on City Council Agenda items. 465 City H&11, Anaheim, Californi& - COUNCIL MINUTES - JULY 14, 1992 - 5:00 P.M. ITEMS OF PUBLIC INTEREST: Dee Maglio, 2129 W. Broadway. She explained the process she had been going through to have six-feet added on to her front bedroom. She first went to the City to be sure there was no problem followed by numerous visits to accomplish the add on. She brought in her final drawings on June 30, 1992. When she got back with the blue line drawings, the person she had been working with told her that before the City would give her a permit, she would have to dedicate 5-feet of her property in the front. She became very upset. She talked to the bank manager who told her if she did that it would effect her selling her property. She questioned why for three months in going through the process she was not told she could not make her improvement unless she gave 5-feet of her property. She also questioned why would the City expects her to give irrevocably 5-feet of her property in front of her home. Council Member Ehrle asked if when people apply for various room additions, are they given a set of City rules that gives a homeowner, who is not a sophisticated builder, some guidelines. Joel Fick, Planning Director. He answered that was correct. The situation does not come up very often. He is not aware of this particular circumstance but would be happy to see if there is anything they can look into. He will be glad to meet with Mrs. Maglio as suggested by Council Member Ehrle. Mayor Pro Tem Daly. The Council will get a report back from staff on the resolution of the problem. Mike Brown. He is representing the owners of Orangewood Liquor Store at 320 E. Orangewood, Anaheim. Noting the earlier presentation, they have had a gang and drug problem at their store for sometime. He thereupon presented copies of newspaper clippings to the Council regarding street vendors in the City. They bought the liquor store about 8 years ago, located at Orangewood and Mountainview. His father-in-law is the owner. It is a minority owned business. They are looking for cooperation in coming to a solution relative to the vending trucks. About five years ago, people started talking to the Council Members about the situation. They were not part of a group but individuals and they were passed by. He is aware that the discussion regarding street vendors was going to be held on August 11. They are upset over that as well since the discussion was supposed to take place at this meeting. They wanted to get it over with as quickly as possible. Drug dealers are hanging around the trucks. The trucks are a huge problem. Len Spivak, owner of an 8-unit apartment building behind Disneyland Hotel in the Jeffrey Lynne area (1528 Jeffrey). He is present with mixed emotions - one of disgust over what was once a nice residential area located behind the proposed $3,000,000,000 world class Disneyland development being relegated to a third world depressed neighborhood. He has been working with the City and many people in the City have been working with him. They need the help of the Council. The proliferation of trucks and street cart vendors are destroying the neighborhood. He is also frustrated at the time it takes to get the problem addressed. However, the delay will give them additional time to circulate their petitions in the neighborhoods that do not have vendors but are concerned that the vendors will be showing up there at any time. They have no regard for the law. He clarified for Mayor Pro Tem Daly that he has 466 City Hall, Anaheim_, California - COUNCIL MINUTES - JULY 14, 1992 - 5:00 P.M. been in contact with Code Enforcement almost daily. He is on the side of Code Enforcement and the side of the Police Department. They will be back on August 11. Susan Kocsis, 206 S. Ohio, Anaheim. She lives on Ohio and owns property at 1152 N. West Street. Relative to the street vendor issue, she is unhappy that the Council has delayed hearing the matter. It is not one of minor but of major nuisance. It is a situation that has deprived her of most of her income, potential retirement and property devaluation. She urged that they not be put off again. Lila Jaegers, 105 E. Leatrice, Anaheim. They will be back on August 11th and with the support they are getting from a lot of people will pack the Council Chambers just as OCCCO. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR! On motion by Council Member Pickler, 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 Pickler offered Resolution Nos. 92R-147 through 92R-153, both inclusive, for adoption. Council Member Hunter was absent. Refer to Resolution Book. WAIVER OF READING - RESOLUTION: The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 92R-147 through 92R-153, both inclusive, for adoption. ) Council Member Pickler moved to waive the reading in full of the resolution. Council Member Simpson seconded the motion. Council Member Hunter was absent. 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 Ignacio Echeberria Feliciano for property damage sustained purportedly due to actions of the City on or about May 18, 1992. b. Claim submitted by Dennis L. Freedman for bodily injury sustained purportedly due to actions of the City on or about April 10, 1992. c. Claim submitted by Larry Vandenberg for property damage sustained purportedly due to actions of the City on or about April 23, 1992. d. Claim submitted by Certified Environmental Transport, Inc., c/o David Phipps for property damage and bodily injuries sustained purportedly due to actions of the City on or about April 16, 1992. e. Claim submitted by Nell David Burack, M.D., c/o Fred Alan Greenberg, Esq. for bodily injury sustained purportedly due to actions of the City on or about January 18, 1992. f. Claim submitted by Joseph Alfieri for property damage sustained purportedly due to actions of the City on or about April 6, 1992. g. Claim submitted by Craig Jones for property damage sustained purportedly due to actions of the City on or about February 5, 1992. 467 City Hallt Anaheimt California - COUNCIL MINUTES - JULY 14, 1992 - 5:00 P.M. h. Claim submitted by BB & H Motors Parts, c/o Peter M. Callahan, Esq. for indemnity sustained purportedly due to actions of the City on or about February 3, 1992. i. Claim submitted by Francisco Baylon Martinez for property damage sustained purportedly due to actions of the City on or about May 14, 1992. j. Claim submitted by Craig Regalia for property damage sustained purportedly due to actions of the City on or about March 26, 1992. k. Claim submitted by Silvestre Alvarado for bodily injury sustained purportedly due to actions of the City on or about September 5, 1991. A2. 105= Receiving and filing minutes of the Anaheim Private Industry Council meetings held February 27, 1992, and May 28, 1992. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held June 10, 1992. 156: Receiving and filing the Anaheim Police Department Crime and Clearance Analysis for the month of May, 1992. 105= Receiving and filing minutes of the Golf Advisory Commission meeting held April 22, 1992. 140: Receiving and filing the Anaheim Public Library Monthly Statistical Report for the months of January and February, 1992. 105: Receiving and filing minutes of the Anaheim Public Library Board meeting held May 27, 1992. 173: Receiving and filing a Notice to Customers filed with the California Public Utilities Commission regarding a proposed rate increase by Southern California Gas Company (Application No. 92-06-015), to be effective January 1, 1993. 105: Receiving and filing minutes of the Public Utilities Board meeting held May 7, 1992. A3. 123= Approving a Fourth Amendment to Agreement with Weston Pringle & Associates, in an amount not to exceed $75,000 to extend the agreement time for a period of 12 months, through June 30, 1993, for traffic signal design consulting services. A4. 176: RESOLUTION NO. 92R-147= A RESOLUTiON OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS AND SETTING A DATE TO CONSIDER ABANDONING THAT CERTAIN EASEMENT FOR PUBLIC UTILITY PURPOSES LOCATED NORTH OF LINCOLN AVENUE, WEST OF BROOKHURST STREET (At the rear of 2231 W. Lincoln Avenue). (91-16A) (Public hearing date August 11, 1992 at 6=00 p.m.) AS. 150= Approving a Notice of Completion of the construction of Brookhurst Security Lighting and Electrical Panel by Sturgeon Electric, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A6. 144: Approving and Agreement with the County of Orange Arterial Highway Financing Program Project Administration (A.H.F.P. No. 1298) - Magnolia Avenue 468 C£'ty Hall~ ~nahe£m~ ~al£forn£a - COUNCIL MINUTES - JULY 14~ 1992 - 5:00 P.M. from north city limit to La Palina Avenue; and authorizing the Mayor and City Clerk to execute said Agreement. A7. 123: Approving an agreement to allow the City of Placentia to construct and maintain a sewer main in Orangethorpe Avenue (northwest corner of Chapman Avenue and Orangethorpe Avenue) within the City of Anaheim; and authorizing the Mayor and City Clerk to execute said Agreement. A8. 123: Approving a First Amendment to Agreement with Hastings and Lundstrom Architects, Inc., in the amount of $13,400 to provide additional electrical and architectural design services at the Stadium (Gate 6 office/warehouse facility). A9. 104: R~_SOLUTION NO. 92R-148: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1981-6 FOR THE CONTRACT YEAR JULY 1, 1992 TO JUNE 30, 1993, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (Tract Nos. 2228 and 2705, $27.54 on each lot and parcel.) Al0. 104: RESOLUTION NO. 92R-149.:. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1984-1 FOR THE CONTRACT YEAR JULY 1, 1992 TO JUNE 30, 1993, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (Tract Nos. 1453, 1401, 1400, 1374, 335 and 217, $17.90 on each lot and parcel.) All. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order to Shepherd Machinery Co., in the amount of $70,100 for one used track loader. A12. 160: Accepting the low bid of Vallen Safety Supply Co., in the amount of $36,417 for eighteen ~1605 gas detectors, two $1705 gas detectors, and related gas detector equipment, in accordance with Bid ~5056. Al3. 160: Accepting the low bid of Ron Harding Moving, in an amount not to exceed $39,490 for moving/relocation services to City Hall and City Hall West, in accordance with Bid ~5062. A14. 160: Accepting the low bid of Nokia Cables LTD, in an amount not to exceed $323,967.42 for 22,358 feet of 69 KV 2000 KCMIL power cable, in accordance with Bid #5029. Al5. 160: Accepting the bid of Kuhlman Electric Corporation, in the amount of $207,603 for eight 15 KVA's unswitched, five 25 KVA's unswitched, six 25 KVA's switched, twenty-two 37.5 KVA's unswitched, thirty 50 KVA's switched, and forty 75 KVA's switched single-phase transformers, in accordance with Bid #5049 A16. 160: Accepting the bid of Ryder Aviall, Inc., in an amount not to exceed $120,000 for the overhaul of the engine for helicopter N1607A, in accordance with Bid #5064. A17. 160: Authorizing the Purchasing Agent to issue a change order to extend service with Forbes Computer Group, Automated Office Products, and Microage Computermart, to extend purchase orders for microcomputer maintenance services through September 30, 1992. 469 City Hall, Anaheim, California - COUNCIL MINUTES - JULY 14, 1992 - 5:00 P.M. A18. 123: Approving a First Amendment to Agreement with West Computil Corporation, in an amount not to exceed $25,000 to continue citation processing services (on a month-to-month basis) from July 1, 1992 through June 30, 1993. A19. 123: Authorizing an amendment to the Agreement with Fasnack AGS, Inc., to extend the term of the Agreement (for vending machine services) 60 days beginning July 21, 1992 through September 19, 1992. A20. 160: Accepting the low bid of Cues, Inc., in the amount of $105,300 for one 14,000 pound GVW step van with sewer TV equipment, in accordance with Bid ~5041. A21. 160= Accepting the low bid of Microage The Corporate Center, in the amount of $34,876 for computers and hardware equipment, all in accordance with Bid ~5054. A22. 160: Accepting the bid of Commercial Lighting Supply, Inc., in the amount of $25,205 for 190 permalux 70-watt fixtures, 90 microliter 150-watt fixtures, and 70 permaliter 150-watt fixtures, in accordance with Bid ~5057. A23. 175: Approving the FY 91/92 write-off of uncollectible Utility accounts totaling $1,453,328.63 which represents 0.58% of the current year's revenue of $250,854,072. A24. 163: Authorizing the donation of surplus office furniture to the Anaheim City School District. A25. 101= Approving the 1991/92 write-off of uncollectible Stadium tenant accounts receivable totalling $2,381.15 which represents 0.001% of the total billings for this fiscal period. A26. 113: RESOLUTION NO. 92R-150: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN TWO YEARS OLD. (Program Development and Audit. ) A27. 175.' RESOLUTION NO. 92R-151.' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS, AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN AGREEMENTS WITH RESPECT TO THE GAS PROCUREMENT COOPERATIVE. 123: Authorizing the Public Utilities General Manager to sign long-term gas storage agreements with the Southern California Gas Company and related documents, as recommended by the Public Utilities Board at their meeting of July 2, 1992. A28. 123: Approving an Agreement with Graffiti Removal, Inc., in an amount not to exceed $169,000 for city-wide graffiti removal services from July 1, 1992 to June 30, 1993, and authorizing the Mayor and City Clerk to execute said agreement. A29. 123: Approving an Agreement with Carolyn Griebe & Associates, in an amount not to exceed $36,000 for Code Enforcement services related to graffiti removal, and authorizing the Mayor and City Clerk to execute said agreement. A30. 123: Approving an Agreement to designate the Robert F. Driver Company, Inc., as the City's Broker of Record, at an annual fee not to exceed $55,300 470 City Hallt ~_nahe~_~_t California - COUNCIL MINUTES - JULY 14, 1992 - 5:00 P.M. to provide various professional insurance brokerage services to the City for a five-year period (July 1, 1992-June 30, 1997). A31. 123: Approving the California Highway Patrol Motorcycle Training Agreement with the State of California, for a total amount of $3,067.50 for the training of two officers~ and authorizing the City Manager to execute said Agreement. A32. 129= Approving the FY 1991/92 write-off of uncollectible miscellaneous and paramedics accounts receivable totalling $799,226.78 as reported by the Finance Director. A33. 124: Approving the FY 1991/92 write-off of uncollectible Tenant Accounts Receivable totaling $29,931.46 for the Anaheim Convention Center. Council Member Ehrle. Although one-half of one percent is a small amount, it is still $1,000,000 + and it has doubled within five years. He hopes that some of it is because of the recession. His concern is what is being done to collect some of the outstanding bills and if something that can be done such as placing liens on property or a larger deposit requirement or are there other ideas staff is working on. Darrell Ament, Assistant General Manager, Utilities. Staff is exploring all options. Currently the policy is that commercial customers pay an initial deposit, but residential customers do not. The department has discussed the matter with the Public Utilities Board and they are submitting staff recommendations to the Board in August that the Department institute a deposit policy. Dependent on the action of the Board and Council, they will be implementing that. They are also looking at ways to improve the collection process. The present situation is a function of the economy. Large businesses that have been in business for many years in the City have declared bankruptcy and that is a part of the problem. A34. 185= Determining that Koll Anaheim Center Associates and the Anaheim Redevelopment Agency have complied with the terms and conditions of Development Agreement No. 90-01 for the 1991-1992 period under review. A35. 153: RESOLUTION NO. 92R-152: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 47 AND THE CITY OF ANAHEIM. (To provide mitigation on the impact of the determination to use contract services to perform water meter repair. ) A36. 153= RESOLUTION NO. 92R-153! A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 47 AND THE CITY OF ANAHEIM. (Mitigating the effects of reassigning certain work from the Maintenance Department to the Stadium Department. ) A37. 123: Approving the Second Amendment to Agreements with Anthony and Langford, Willdan & Associates, and Harris a Associates for master consultant services in connection with the design and development of capital projects for the Department of Parks, Recreation & Community Services. A38. 123: Approving the Settlement Agreement and Mutual Release of Claims with the Whiting-Turner Contracting Company and the Boyle Engineering Company concerning construction claims relating to the Police 2000 projects and 471 City Halla Anaheima California - COUNCIL MINIFTES - JULY 14~ 1992 - 5:00 P.M. authorizing the Mayor and City Clerk to execute and deliver each such agreement contingent upon the execution of both agreement by the respective other parties. A39. 114= Approving minutes of the City Council regular meetings held May 19, and June 2, 1992 and minutes of the adjourned regular meeting of May 26, 1992 held May 27, 1992. A40. 123.: Approving the Third Amendment to Lease Agreement between the City, as sub sub lessor, and Anaheim Hotel Associates, and Dallas Hotel Associates, as sub sub lessee, extending the term of the sub sub lease for the Inn at the Park to expire July 31, 2042. Roll Call Vote on Resolution Nos. 92R-147 throuqh 92R-153~ both. inclusive, for adoptions AYES: NOES: ABSENT: COUNCIL MEMBERS= Simpson, Ehrle, Pickler and Daly COUNCIL MEMBERS = None COUNCIL MEMBERS: Hunter The Mayor declared Resolution Nos. 92R-147 through 92R-153, both inclusive, duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. A41. 148: SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) DISTRICT REPRESENTATIVE ..- Appointing a City Council Member to the SCAG Executive Committee. Submitted was report dated June 25, 1992 from Kristine Thalman, Intergovernmental Relations Officers, regarding the appointment. Mayor Pro Tem Daly nominated Council Member Irv Pickler to represent the City on SCAG's Executive Committee. Council Member Simpson seconded the motion. Before a vote was taken, Council Member Pickler clarified that he is willing to serve. He asked if it would be appropriate to have an alternate if that is something that is allowed. Kristine Thalman, Intergovernmental Relations Officer. At the next Executive Committee meeting of SCAG, that issue will be discussed. There is no decision at this time; Mayor Pro Tern Daly stated if there is a need for an alternate, they can bring the matter up at a later date. Since there were no further nominations, Council Member Pickler was thereupon appointed as re~resentative to re~resent District 19 on the ~A~ ~xecutive Committee. A42. 107= ORDINANCE NOS. 5310 AND 5311: (Alternate A and Alternate B. ) ORDINANCE NO. 5310 - ADOPTION - (ALTERNATE Adding a new Chapter 15.01 to Title 15 of the Anaheim Municipal Code relating to license requirements of contractors and subcontractors. ORDINANCE NO. 5311 - ADOPTION- (ALTERNATE B): Adding a new Chapter 15.01 to Title 15 of the Anaheim Municipal Code relating to license requirements of contractors and subcontractors. 472 City Hall, Anaheim, California - COUNCIL MINUTES - JULY 14, 1992 - 5:00 P.M. Both ordinances were introduced at the Council Meeting of June 2, 1992 and subsequently continued from the meeting of June 9, and June 1992 to this date. Mayor Pro Tem Daly. This is an item Mayor Hunter had an interest in, as well as himself. He recommended a one week continuance for a full Council action. By General Council Consent, action on the subject ordinances was continued for one week to July 21, 1992 for full Council action. ITEMS B1 - B2 FROM THE ZONING ADMINISTRATOR MEETING OF JUNE 25, 1992: DECISION DATE.' JULY 2, 1992 INFORMATION ONLY - APPEAL PERIOD ENDS JULY 17, 1992..'.. B1. 179: VARIANCE NO. 4186, CATEGORICALLY EXEMPT, CLASS 5: OWNER: Dr. Osborne R. & Violet F. Wheeler, 1417 Beverly Drive, Anaheim, CA 92801. AGENT: Alberto Vazquez, 11725 Oklahoma Avenue, Hollydale, CA 90280. LOCATION: 1417 Beverly Drive. Property is approximately 9,135 squarefeet with frontage of approximately 90 feet on the north side of Beverly Drive, and approximately 690 feet east of the centerline of Meadowbrook Place. To retain an existing 312 square foot family room addition with waiver of minimum side yard setback. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4186 APPROVED (ZA92-27). B2. 179: VARIANCE NO. 4187, AND NEGATIVE DECLARATION: OWNER: De Angelo-Ortega Partnership No. 8, 5325 E. Hunter Avenue, Anaheim, Ca 92807. ATTN: John Ortega II AGENT: Rodrigo Fernandez/Tetras Construction Corp., 125 South Breadford Avenue, Placentia, CA 92670. LOCATION: 5325 East Hunter Avenue. Property is approximately 7.33 acres with an approximate frontage of 750 feet on the north side of Hunter Avenue, and located approximately 1,242 feet east of the centerline of Kellogg Drive. To construct a 73,496 square foot industrial building with waiver of required number of parking spaces. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4187 APPROVED (ZA92-28). Approved Negative Declaration. B3./B4. 179: ORDINANCE NOS. 5319 AND 5320 FOR INTRODUCTION: Council MemDer Picklsr 0££ere~ 0r~inanc~ No, ~1~ £0r £ir~ r~in~, ~en~ing Title 18 to rezone property under Reclassification No. 70-71-47(41) located at 2870 E. La Cresta Avenue from the RS-A-43,000 zone to the ML zone; and offered Ordinance No. 5320 for first reading, amending Title 18 to rezone property under Reclassification No. 72-73-49(2) located at 6270 E. Santa Ana Canyon Road from the RS-A-43,000 (SC) zone to the CL (SC) zone. ORDINANCE NO. 5319: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Reclassification No. 70-71-47(41) located at 2870 E. La Cresta Avenue from the RS-A-43,000 zone to the ML zone. ) ORDINANCE NO. 5320: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Reclassification No. 72-73-49(2) located at 6270 E. Santa Ana Canyon Road from the RS-A-43,000 (SC) zone to the CL (SC) zone. ) 473 City Hall. Anahe£m, Cal£fornia - COUNCIL MINUTES - JULY 14, 1992 - 5:00 P.M. Cl. 127= PROPOSED BALLOT MEASURE AMENDING UTILITY REVENUE TRANSFER LIMITS: To consider the proposed amendment to Section 1221 of the City Charter increasing the maximum amount of electric and water utility gross revenues which may be transferred to the City general fund from four percent to eight percent. Discussion requested by Council Member Ehrle at the City Council meeting of June 23, 1992, Item C4. Submitted was memorandum dated June 30, 1992 from the City Attorney attached to which was a draft of the proposed amendment to Section 1221 of the City Charter along with proposed ballot wording covering the amendment. Mayor Pro Tem Daly. He believes the entire Council should have a chance to discuss this matter and, therefore, suggests a one week continuance for a full Council action. Council Member Ehrle. He can wait, but asked the time line necessary to prepare items for the ballot. City Clerk Sohl. All items for the November ballot have to be acted upon by July 28, 1992 which is the last Council meeting before the deadline unless other Council Meetings are scheduled. City Attorney White. It would be helpful for himself and staff if he had the items the Council intended to have on the ballot that they previously discussed and acted upon by next week. That would give him time between the meeting on July 21 and July 28, to prepare the resolution that will incorporate all of the items into the correct form for the Council to adopt at their meeting on July 28 which will be the next meeting they would have an opportunity to take such action in order to meet the County Registrar's deadline. Council Member Ehrle. Thus far, the Council has determined to place time limits on the ballot, an advisory vote on campaign limitations and this would be the third issue; Council Member Simpson recalled that there are other Charter issues which were "housekeeping" in nature. City Attorney White. To his knowledge, the Council has not discussed the latter issues. There have been several items carried over since the last Charter Review Committee recommended several clean-up issues; Council Member Simpson stated he would like to see some of those issues placed on the ballot but feels they should be separate instead of being voted upon as a group. five" at their next meeting, July 21, 1992; the Council consensus was affirmative that all the items should be submitted to the Council for consideration at their next meeting. Council Member Pickler. Relative to the proposed measure for Utility Transfer Limits, he suggested that the City Attorney prepare the resolution and submit it to the Council. He is ready to move forward on the issue and it will be back in time for Mayor Hunter to look at it and make a decision. He suggested that the City Attorney also include that item. Mayor Pro Tern Daly. Council Member Pickler suggesting that final action on that item be taken next week. MOTION: Council Member Pickler moved to put the proposed ballot measure amending Section 1221 of the City Charter increasing the maximum amount of 474 City Hall~ ~__n_ahe£m~ California - COUNCIL MINUTES - JULY 14, 1992 - 5:00 P.M. electric and water utility gross revenues which may be transferred to the City General Fund from 4% to 8% on the ballot and that ballot wording be submitted to the Council for Council approval. Before further action was taken, City Attorney White stated he surmises that the motion is to go ahead and place the measure on the ballot and if it passes tonight then on the 28th in the final resolution, it will be one of the matters that is included. Mayor Pro Tern Daly stated it is his understanding it will be dealt with one more time on July 28th, but would not be dealt with at the July 21st meeting as part of the other actions; City Attorney White stated that was correct. Mayor Pro Tern Daly. The item will then come back to the Council on July 28th for final review; City Attorney White. It will come back in the form of one resolution that will include all the items decided upon. The Council has now set three items to be placed on the ballot together with anything they may put on the ballot next week that will be included in the resolution that the Council will consider for the last time and be required to adopt by July 28th. On July 28th, the Council will have one last chance to take something off if they wish. Council Member Ehrle seconded the previous motion by Council Member Pickler, Council Member Hunter was absent. MOTION CARRIED. C2. 105: CONTINUE APPOINTMENTS/REAPPOINTMENTS TO BOARDS AND COMMISSIONS: Council Member Simpson. He requested that they put off appointments/reappointments to Boards and Commissions to the first meeting in August. There are a number of appointments to be made and a couple are of particular importance to him and there are people he would still like to talk with. MOTION: Council Member Pickler moved to continue appointments/reappointments to City Boards and Commissions to Tuesday, August 11, 1992. Council Member Ehrle seconded the motion. Council Member Hunter was absent. MOTION CARRIED. Mayor Pro Tem Daly noted that all persons presently serving on Boards and Commissions would continue to serve until that time. 179: INCORPORATE PLANNING FOR MEDICAL FACILITIES IN PLANNING PROCESS: Council Member Daly. For some time, he has been concerned that some of the medical facilities in the City are not always planned according to a General Plan. He knows there are other communities that suggest for the medical community where the facilities might be located. He would like a staff report on the possibility of a little bit more concerted planning effort for medical space in the City both to encourage future medical facilities to be built in parts o£ the City where they are neede~ as well as to ~egula~e ~he ~u~ure construction of these kinds of facilities. He is asking for a simple staff report on the feasibility of incorporating planning for medical facilities into the City's Planning process similar to and nothing different than is done for other kinds of services but with specific focus on medical facilities. City Attorney White. He suggested that his office work with the Planning Department staff on a report back to the Council. 161: POSSIBLE DISCUSSION OF ADDITIONAL REDEVELOPMENT AREAS: Council Member Pickler. He referred to certain areas in the City such as the area between Broadway and Orange on Brookhurst which is all commercial. He is 475 City Hall, Anahe'Im, Californ£a - COUNCIL MINUTES - ,TU'LY 14, 1992 - 5:00 ..P-N: interested in being able to eliminate such areas that are a detriment to the City, considering the many bars that are located there. He would like staff to look at the situation with the possibility of designating some of these areas as Redevelopment areas. In doing so, he believes it will alleviate some of the gang problems. Lisa Stipkovich, Executive Director of Community Development. Coincidently, a memo was sent to the Council today, through the City Manager's Office for distribution, regarding potential new redevelopment areas. The strip on Brookhurst is one they have been working on at the request of the Planning Commission and they have been working with Planning staff as well. Council Member Pickler. He is pleased to hear that the process has started and suggested if Council Members had any other areas of concern to them, that they be added to the list as well. It is a positive move. Vice Chairman Daly reconvened the Anaheim Redevelopment Agency, all Agency Members being present with the exception of Agency Member Hunter. (6:58 p.m. ) PUBLIC HEARING - BIENNIAL_ PUBLIC HEARING FOR THE PLAZA REDEVELOPMENT PROJECT AREA: Review of the Plaza Redevelopment Project Area Plan and Evaluation of the progress. Submitted was report dated July 2, 1992 from the Community Development Department recommending that the Agency conduct the hearing. Attached to the report was a summary of major activities completed in the project area during fiscal year 1990-91 and 1991-92 (Exhibit A). PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - June 11, 1992 Mailing to property owners within 300 feet - June 18, 1992 Posting of property - June 25, 1992 and posted in four locations in the Plaza Project Area. Lisa Stipkovich, Executive Director of Community Development. State law requires that all project areas have a biennial hearing to give the opportunity to inform the public as to the status of the project. No action is required other than receiving the report and filing it. She then briefed Exhibit A of the subject report. Relative to the Redevelopment of the Plaza, negotiations are going well. An owner - participation agreement is out in draft to the representatives of CALSTRS (California State Teacher's Retirement System) and both the Donohue-Schrieber and the O'Connor Group. The only thing holding up the process is the requirement that they do a focused or supplemental EIR regarding that project. That process has started and is under way and being done currently with the negotiations £or the agreement. vice Chairman/Mayor Pro Tem Daly opened the public hearing and asked to hear from anyone who wished to speak; there being no response he closed the public hearing. Agency Member Pickler moved to close the hearing thus completing the review of the Redevelopment Plan and evaluation its progress and including receiving the reports submitted by the executive director dated July 2, 1992. Agency Member Ehrle seconded the motion, Agency Member Hunter was absent. MOTION CARRIED. 476 C£ty Hall~ Au_ahe£m~ Cal£forn£a - COUNCIL MINUTES - JULY 14~ 1992 - 5:00 P.N. ADJOURNMENT: Agency Member Pickler moved to adjourn the Anaheim Redevelopment Agency, Agency Member Simpson seconded the motion. Agency Member Hunter was absent. MOTION CARRIED. ( 7: 02 p.m. ) D2. 179: CONTINUED PUBLIC HEARING - WAIVER OF CODE REQUIREMENT~ CONDITIONAL USE PERMIT NO. 3451 AND MITIGATED NEGATIVE DECLARATION: OWNERS: Milton Johnson, Carla Beatrice Johnson, Milton E. Johnson, Jr., Hazel C. Johnson, 1214 W. Katella Ave. Anaheim, CA 92802. LOCATION/REQUEST: The property is located at 511 - 521 South Manchester Avenue and 500 - 520 South Walnut Street. The property is approximately 2.1 acres located at the southwest corner of Manchester Avenue and Santa Ana Street. The request is to retain an auto repair, towing and dismantling facility (including the storage and retail sale of used auto parts) and a temporary office trailer with waiver of required improvement of parking and outdoor storage area, minimum structural setback and improvement of setback areas. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3451 DENIED (PC92-18) (7 yes votes). Waiver of code requirements DENIED. Denied Mitigated Negative Declaration. HEARING SET ON: A letter of appeal of the Planning Commission's decision was submitted by Ali Elyaszadeh and public hearing continued from the meetings of April 21, and May 19, 1992 to this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - April 9, 1992 Mailing to property owners within 300 feet - April 7, 1992 Posting of property - April 10, 1992 PLANNING STAFF INPUT: Submitted was extensive supplemental staff report dated July 8, 1992 from the Zoning Administrator, Annika Santalahti attached to which were charts telling the events which have taken place in connection with the three conditional use permits processed for automotive retail uses on the subject property (made a part of the record). Annika Santalahti, Zoning Administrator. Staff is recommending that Conditional Use Permit No. 3451 be denied on the basis that the item was continued eo that adequate environmental information be submitted in time for staff to review it as well as for a negative declaration to be prepared and posted so that Council could actually consider this today. That information has not been submitted. Staff received this afternoon a document which staff had not had time to review. The representative of the applicant is present but staff feels, based on the past history of the project a great deal of staff effort both by Code Enforcement as well as Planning Department's staff, nothing has progressed. The staff report and the charts do not include any information on Code Enforcement interaction and there has been a fair amount of that action as well. Staff feels the applicant is not seriously trying to comply with the City's requirements. The document received today addresses site assessment for possible site contamination from petroleum, etc., for all the businesses located on the entire subject property as outlined on the map on the board. It has not been reviewed at all so it is not certain whether it is going to be complete or not, relative to the environmental information needed for past and current activities on the property. 477 City Hallm ~_,~ahe'~em California - COUNCIL MINIFTE$ - JULY 14~ 1992 - 5:00 City Attorney White. It was determined in connection with the environmental assessment by City staff that such a soils report and assessment was needed to properly evaluate the potential impacts of the automobile storage on the site and potential leaking of contaminants into the ground. Absent having that report, the staff is unable to adequately assess the environmental impacts and post the required environmental documentation for review at tonight's meeting. Therefore, it is staff's recommendation absent having had the opportunity in a timely manner to evaluate the documentation, the Council considered denying both the negative declaration and the conditional use permit. He concurs with the staff recommendation. Mayor Pro Tern Daly opened the public hearing and asked to hear from anyone who wished to speak. Ron Cole, Mary Palmieri, Tyler Wiener, Wilhelm and Waldron, Attorneys, 4000 MacArthur Blvd., Newport Beach. They represent the applicant's lessor, Mr. Robert Kent who is in favor of the application. Mr. Kent is present as well as the applicant and also present is the geologist who prepared the environmental assessment soils report. He is present to apologize on behalf of the applicant and beg the Council's indulgence. The report was to have been submitted to staff much earlier than today. However, they had some difficulty getting the report prepared. It is a thorough report and prepared at significant expense to the applicant. There is definitely an interest in the project and Council's approval. They are asking that the Council give staff time to review the report and come back with a staff recommendation based on the soils report. It is essentially a phase I study for the CUP. He is pleading for the additional time required for staff to review the report and notice another hearing and come back at that time. Mayor Pro Tem Daly asked staff the minimum amount of time necessary~ Annika Santalahti. At least one month - one week for staff to review the document and assuming everything is adequate and satisfactory, another 21 days for the public notice. Council Member Pickler. He believes the Council should deny the request. The applicant can always refile and go back through the Planning Commission. They have procrastinated for some time and it is now time for the Council to take action. City Attorney White. There is no disincentive given to an applicant by denial. The application could be refiled at any time. One of the issues involved for the Council to consider, this new information has not been seen by the Planning Commission. If they had access to it, the decision may well have been different. Options available to the Council are to first complete the hearing and then decide whether they wish to continue the matter to allow staff time to review and renotice or act upon the application, either proving or ~enylng i~. He re£~arat~d a ~n£al would not ~r~clud~ r~filing at any time. Mayor Pro Tem Daly asked if either the applicant or staff had anything further to add and then asked to hear from anyone who wished to speak either in favor or in opposition~ there was no response. Therefore, the public hearing was closed. Council Member Ehrle. He concurs with Council Member Pickler that the Council deny the CUP and that the applicant start over at the Planning level~ Council Members agreed. 478 City Hall~ Anaheim~ Cal£fornia - COUNCIL NINUTES - JULY 14· 1~92 - 5~00 P.N. Ron Cole. He asked if a denial would be without prejudice and an indication that the applicant can resubmit to the Planning Commission so that the Planning Commission can review the environmental assessment; City Attorney White stated that is correct. MOTION: Council Member Pickler moved to deny approval of the mitigated negative declaration upon finding that adequate information had not been provided to staff in a manner sufficient to allow proper advertising of the negative declaration for the public hearing. Council Member Simpson seconded the motion. Council Member Hunter was absent. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 92R-154 for adoption. ) Council Member Pickler moved to waive the reading in full of the resolution. Council Member Ehrle seconded the motion. Council Member Hunter was absent. MOTION CARRIED. Council Member Pickler offered Resolution No. 92R-154 for adoption, denying Conditional Use Permit No. 3451 based upon the finding that the mitigated negative declaration for the project has been denied. Refer to Resolution Book. RESOLUTION NO. 92R-154: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3451. Roll Call Vote on Resolution No. 92R-154 for adoption: AYES: NOES: ABSENT COUNCIL MEMBERS= Simpson, Ehrle, Pickler and Daly COUNCIL MEMBERS: None COUNCIL MEMBERS: Hunter The Mayor Pro Tem declared Resolution Nos. 92R-154 duly passed and adopted. D3. 179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3465 AND NEGATIVE DECLARATION: OWNER: Timothy J. and Cathleen A. O'Neill, 3100 E. Birch, Brea, CA 92621. LOCATION: 1420 N. Lemon Street. Property is approximately 1.13 acre located at the northeast corner of Lemon Street and the Riverside (91) Freeway. To permit an automobile repair center with waiver of minimum structural setback. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3465 DENIED (PC92-35) due to traffic visibility constraints (6 yes votes, I absent). Waiver of code requirement DENIED Denied Negative Declaration. HEARING SET ON: A letter of appeal of the Planning Commission's decision was submitted by John J. Dee, Law offices of Sullivan, Workman and Dee, on behalf of the owners, Timothy J. and Cathleen A. O'Neill and continued from the meetings of May 5, June 2, and June 16, 1992 to this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - April 23, 1992 Mailing to property owners within 300 feet - April 23, 1992 Posting of property - April 24, 1992 479 City Ha11~ An~aheimt California - COUNCIL MINUTES - JULY 14t 1992 - 5:00 P.M. PLANNING STAFF INPUT: See staff report to the Planning Commission dated March 23, 1992. City Clerk Sohl announced that the agent on behalf of the landowners and applicant submitted a letter to bet during the meeting stating as follows: "On behalf of the landowners and applicants for CUP No. 3465, we hereby request withdrawal of our appeal of the City Planning Commission action." The letter is signed by Phillip R. Schwartze and dated this date. City Attorney White. They wish to withdraw the appeal of the Planning Commission's decision which means they wish to proceed with another CUP application. They will have to go back to the Planning Commission and start all over. Mayor Pro Tem Daly asked if they were going to refile a CUP. City Attorney White. In talking to the attorney for the applicant, within the last two weeks they attempted to work out with staff an appropriate location or understanding with regard to the driveway for that property whether it is useable or not and depending upon that understanding, they may well wish to proceed without a CUP to install one of the ~ermitted uses in that zone or may decide to refile based upon what information they are given for another CUP. Council Member Pickler asked what will happen if the Council denies the CUP. City Attorney White. It will probable be no different than letting them withdraw. He recommends a motion authorizing withdrawal of the appeal. MOTION: Council Member Simpson moved to authorize withdrawal of the appeal by the landowners and applicants for CUP No. 3465. Before further action was taken, Council Member Pickler stated he has a problem with the use and would like to deny what is going on there. He feels they should deny the CUP so the applicant knows where the Council stands. Mayor Pro Tem Daly. The applicant has withdrawn. He asked the City Attorney the best legal approach. City Attorney White replied authorizing the withdrawal. Technically or legally they do not need to have a motion but it moves it off the agenda. They have withdrawn it and are not proceeding with this particular application. The minutes can reflect that Council Member Pickler feels the location is inappropriate for the proposed use. In the event there is another application, they do not want to prejudice any subsequent applications where they come back with a new application and it will be found that one or more members of the Council had been prejudiced against the project and that vote would end up being disqualified. Council Member Daly seconded the motion, authorizing withdraw of the appeal. Council Member Hunter was absent. MOTION CARRIED. ADJOURNMENT: By General Consent the Council adjourned. (7:20 p.m.) LEONORA N. SOHL, CITY CLERK 480