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.
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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.
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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
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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.
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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
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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.
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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
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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
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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.
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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. )
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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
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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
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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.
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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.
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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.
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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
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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
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