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1992/09/15City Hallm Anaheimm California - COUNCIL MINUTES-SEPTEM~_ER 15, 1992 - 5=00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly (entered @ 3:12) and Hunter COUNCIL MEMBERS: None ASSISTANT CITY MANAGER: Jim Armstrong CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY CLERK: Ann M. Sauvageau DEPUTY CITY MANAGER: Tom Wood LIBRARY DIRECTOR: William J. Griffith PROPERTY SERVICE MANAGER: Robert ZurSchmiede A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:05 p.m. on September 11, 1992 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the workshop portion of the meeting to order at 3:02 p.m. Jim Armstrong, Assistant City Manager. The workshop today is on the widening of the I-5 and the status of the Caltrans Property Acquisition. He then deferred to Deputy City Manager, Tom Woods. Tom Woods, Deputy City Manager. Present today are Rus Lightcap, District 12 Representative/Caltrans, Lisa Mills, Orange County Transportation Authority (OCTA) and Rob ZurSchmiede from the Community Development Department staff plus additional persons from the subject agencies. Mr. Russ Lightcap, District 12 Representative/Caltrans. He gave a status of the I-5 widening projects specifically from the 5/91 Interchange to the 5, 22, 57 up to the 91. This is a partnership arrangement where significant dollars for the project are being paid for by Measure M funds. Local funds are also involved in the project. After giving the status of the project, he noted that there are current issues being worked on with staff - to get a freeway agreement and in concert with that, a performance agreement. They are working on the performance agreement with Caltrans and hope to get it resolved quickly. The schedule of the project will depend on that agreement. They want to pr0c~d with right-of-way a~qu£~£~i~n a~ ~u£e~ly a~ poss£~le. He reiterated they have a partnership arrangement with OCTA and work very closely with them. He then introduced Ralph Neal, the Deputy for Right-of-Way in the district. Note that a package of information was submitted to the Council (made a part of the record) containing information on the Route 5 construction schedule, right-of-way functional branches, definitions, procedures for right-of-way acquisitions for single-family residences and businesses, Caltran's District 12 Route 5 projects and booklets pertaining to property acquisition relocation and assistance and rights and benefits under the Uniform Relocation Assistance Program, parts of which were covered in the presentations made. -635 City Hallr Anaheim, California - COUNCIL MINUTES-SEPTEMBER 15, 1992 - 5: 00 P.M. Mr. Ralph Neal, Deputy, Right-of-Way/Caltrans. They see the project as one of the most complex projects of right-of-way that the State has faced. It is critical that they have as close a working relationship as possible with the City. To date, they have been working with Community Development staff, the Fire Department, Code Enforcement and staff from the Utilities Department. They have also been working on an arrangement with the Community Development staff whereby they will be able to pass information to the businesses and make the first offer to them, letting them know of the opportunities available to remain in Anaheim. The goal is to successfully relocate the businesses preferably within the City. His presentation then covered the number of parcels involved to be acquired, the environmental process, the definition of just compensation, the acquisition process and the fact that a series of community meetings will be held in the affected areas to keep the public informed. He requested/invited City staff to attend and participate in those meetings. He will also come back to the Council anytime they wish to have an update or status report on the project. Before concluding, Mr. Neal introduced Linda Wilford, Chief, Project Management Branch Caltrans - Telephone Number 724-2432 and A1 Goldstein, Head Acquisition Branch Caltrans - Telephone Number 724-2451. Mr. Neal's presentation was followed by questions by Councilmembers. Mr. Lightcap then also introduced Lupe Jongala, Orange County Transportation Authority who works closely with the project. He explained that Ms. Jongala and Ms. Wilford are the representatives to focus on. Rob ZurSchmiede, Property Service Manager. Then explained staff's participation in the process. Mayor Hunter and Councilmembers extended their thanks for the status update. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items: a. To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(a) to wit: Golden West Baseball Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46; Anaheim Stadium Associates vs. City of Anaheim, et. al., Orange County Superior Court Case No. 44-81-74. City of Anaheim v. Admiral Insurance Co. et al. SDSC Case No. 65-06-78. In Re Application of Southern California Edison Co. CPUC Docket Nos. R.91-68-003 and 1.91-08-002. City of Anaheim v. Ertzen Associates, Inc., et al., San Bernardino Superior Court Case No. SCV 246402. City of Anaheim v. Admiral Insurance Company, et al., San Diego Superior Court Case No. 650678. United States of America v. Montrose Chemical Company, et al., United States District Court Case No. CV-3122-AAH (JRx). 636 City Hall· Anaheim, California - COUNCIL MINUTES-SEPTE~ER 15· 1992 - 5:00 P.M. 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. In Re Grievance of Jeffrey Mayer, File No. 910281. d. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9 (b) (1). e. 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. Council Member Hunter moved to recess into Closed Session, Council Member Ehrle seconded the motion. MOTION CARRIED. (3: 40 p.m. ) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (5:06 p.m.). INVOCATION: Bruce J. Cramer, Pastor, Anaheim First Christian, gave the invocation. FLAG SALUTE: Council Member Bob Simpson led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATION: The following proclamation was issued by Mayor Hunter and authorized by the City Council: Independent Living Month, October, 1992 Debbie Lum of the Dayle McIntosh Center for the disabled accepted the Independent Living Month proclamation. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council and presented to Mr. Wayne West recognizing him subsequent to his retirement from the City in July after 20 years of service where from 1984 to 1992 he served as Anaheim's Chief Building Official. Mr. West was accompanied by his wife. Ma¥0r Hunter and C0un0ilm~mb~r~ e~ng~a~ula~d an~ e~mm~n~ed Mr. Wes~ £or him dedicated service to the City and citizens of Anaheim and wished him a happy retirement. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council and presented to Joseph P. "Joe" Walker, outgoing president of the Plumbing, Heating, and Cooling Contractors for Orange, Riverside and San Bernardino Counties. Mayor Hunter and Councilmembers commended Mr. Walker not only for what he had done for his industry, but also for his support of projects contributing to the betterment of the needy in the community. 637 City Hallr Anaheimr California- COUNCIL MINUTES-SEPTEMBER 15, 1992 - 5:00 P.M. 119: DECLARATION OF RECOGNITION-. A Declaration of Recognition was unanimously adopted by the City Council and presented to Mr. Bill Snyder on his retirement after serving 24 years as President and Chief Executive Officer of the Anaheim area Visitor and Convention Bureau. Mayor Hunter and Councilmembers personally congratulated Mr. Snyder and commended him for his dedication and commitment to the community and for establishing Anaheim as a world class vacation and convention destination. They also wished him much happiness in his retirement. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,026,692.09 for the period ending September 4, 1992 and $3,932,747.58 for the period ending September 11, 1992, in accordance with the 1992-93 Budget, were approved. Mayor Hunter recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5: 22 p.m. ) Mayor Hunter reconvened the City Council meeting. (5:25 p.m. ) ITEMS OF PUBLIC INTEREST: , John Hlavac, 934 Maple Street, Anaheim. He is concerned relative to Anaheim's Burglar Alarm Ordinance which, as it stands, gives the Police the right to enter anyone's home under the guise of inspecting the burglar alarm system. He thereupon referred to and read the section of the code involved (Section 4.95.140). He has been trying to get City staff to have the ordinance modified but to no avail. Subsequently, he circulated a petition which he submitted to the Council (made a part of the record containing approximately 142 signatures) asking that the Council change the code since they do not feel the Police should have the right to enter any buildings simply because the building has a burglar alarm. Questions were then posed to Mr. Hlavac by Councilmembers during which he explained that he is not opposed to having a permit for a burglar alarm, but to the right-of-entry provision. The Council determined that the matter be referred to the City Manager with a report back to the Council. Judith Afsahi, 6000 E. Silverspur Trail, Anaheim, 92807. She submitted a letter dated September 15, 1992 to the Council attached to which were other documents and a booklet relating to "Models of Unity .... ...activities or events initiated by an individual, group or organizations which demonstrate the process of intergroup unity". She asked for assistance in locating examples of "Models of Unity" in the City. PUBLIC COMMENTS - AGENDA ITEMS: Several speakers addressed Items A20 and A32 - see discussion under those items. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member Pickler, seconded by Council Member Hunter, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Council Member Pickler offered Resolution Nos. 92R-193 through 92R-195, both inclusive, for adoption. Council Member Pickler offered Ordinance No. 5333 for adoption. Refer to Resolution/Ordinance Book. WAIVER OF READING - RESOLUTIONS/ORDINANCE: The titles of the following resolutions and ordinance were read by the City Manager. (Resolution 638 City Hall, Anaheim, California - COUNCIL MINUTES-SEPTEMBER 15, 1992 - 5:00 P.M. Nos. 92R-193 through 92R-195, both inclusive, for adoption; and Ordinance No. 5333 for adoption. ) Council Member Pickler moved to waive the reading in full of the resolutions and ordinance. Council Member Hunter seconded the motion. MOTION CARRIED. Al. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by Jesus Galvez for bodily injury sustained purportedly due to actions of the City on or about May 5, 1992. b. Claim submitted by Thomas R. Oswald for property damage sustained purportedly due to actions of the City on or about February 23, 1992. c. Claim submitted by Jeffrey E. Easterly for property damage sustained purportedly due to actions of the City on or about July 14, 1992. A2. 105: Receiving and filing minutes of the Public Utilities Board meetings held July 2, 1992, and July 16, 1992. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held August 19, 1992. 105: Receiving and filing a Disclosure of Property Interests in Redevelopment Areas from Robert Linn. (No reportable interests. ) A3. 149: ORDINANCE NO. 5333 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 14.32.190 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PROHIBITED PARKING ON PORTIONS OF ROOSEVELT ROAD AND MONTE VISTA ROAD. A4. 158: RESOLUTION NO. 92R-193: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. A5. 123: Approving a Lessor Estoppel Certificate relating to the lease of the Inn at the Park property by the City to Anaheim Hotel Associates and Dallas Hotel Associates; and authorizing the Mayor and City Clerk to execute said Lessor Estoppel Certificate on behalf of the City. A6. 112: Authorizing the City Attorney to execute a Ceneral Release and Covenant Not to Sue pertaining to the construction of the Dad Miller Clubhouse upon receipt of the settlement proceeds. A7. 123: Approving the Fifth Amendment to EXhibition Agreement with the Los Angeles Rams Football Company in conjunction with, and prior to the approval of the sale of the Certificates of Participation for the 1992 Refunding Projects. A8. 123: Approving Agreements between Anaheim Community Center Authority (CCA), Howard Needles Tammen & Bergendoff (HNTB), and Brandow & Johnston, on the one hand, and Taylor Woodrow Construction California Limited and Taylor Woodrow Construction Corporation on the other hand. 639 City Hall t Anaheimr California- COUNCIL MINUTES-SEPTEMBER 15r 1992 - 5:00 P.M. · 123: Approving a Settlement Agreement and General Release between the CCA, the City, HNTB and Brandow & Johnston. A9. 107: Awarding the contract to the lowest and best responsible bidder, Charlie Ray Gann Demolition Contracting, in the amount of.$43,360 for Katella Avenue Frontage Building Demolition and Asbestos Removal; and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. Al0. 169: Awarding the contract to the lowest and best responsible bidder, R.J. Noble Company, in the amount of $284,654.20 for Imperial Highway/Santa Ana Canyon Road Street and Traffic Signal Improvements; and in the event said iow bidder fails to comply with the terms of the award, awarding the contract to the second iow bidder, as well as waiving any irregularities in the bids of both the low and second iow bidders. All. 150: Approving a Notice of Completion of the construction of Pearson Park Restrooms, Checkout Building, and Water Meter Vault Replacement by J.H. Rives Company; and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A12. 150: Approving a Notice of Completion of the construction of Boysen Park Security Lighting by Safelectric Company; and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A13. 123: Approving an Agreement with the County of Orange for seismic safety retrofit improvements on the Tustin Avenue Bridge at the Santa Aha River. A14. 170: Approving the Subdivision Agreement of Parcel Map No. 90-236 with William C. and Vincent C. Taormina, and authorizing the Mayor and City Clerk to execute the Agreement. Said Parcel Map relates to property located at the northwest corner of La Palma Avenue and Blue Gum Way. A15. 170: Approving the Final Map of Tract No. 13541, and the Subdivision Agreement Baldwin Building Contractors, and authorizing the Mayor and City Clerk to execute the Agreement. Said Tract 13541 is located at The Summit of Anaheim Hills on Hanlon Way east of Serrano Avenue. Al6. 174: RESOLUTION NO. 92R-194: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TO CONTINUE A DISADVANTAGED BUSINESS PROGRAM FOR ALL PROJECTS IN THE CITY OF ANAHEIM RECEIVING UNITED STATES DEPARTMENT OF TRANSPORTATION FUNDING AND ESTABLISHING A DISADVANTAGED BUSINESS ENTERPRISE GOAL OF 13.00% FOR THE FEDERAL FISCAL YEAR ENDING SEPTEMBER 30, 1993. Al7. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order to O. M. Scott and Sons, in an amount not to exceed $110,000 plus applicable tax for fertilizers, fungicides, and herbicides as required by Golf Operations and the Stadium. A18. 160: Accepting the bid of Pauwels Transformer Company, in the amount of $10,703 for one 750 KVA three-phase padmount transformer, in accordance with Bid Proposal #5070. 160: Accepting the bid of Howard Industries c/o Maydwell & Hartzell Company, in the amount of $15,891 for one 1000 KVA three-phase padmount transformer, in accordance with Bid Proposal #5070. 640 City Hall~ Anaheim~ California - COUNCIL MINUTES-SEPTEMBER 15~ 1992 - 5:00 P.M. .. 160.' Accepting the bid of Westinghouse Supply Company, in the amount of $16,104 for one 1500 KVA three-phase padmount transformer, in accordance with Bid Proposal #5070. A19. 123: Accepting the bid, and authorizing the execution of a contract to Phoenix Group Information Systems, for parking citation management, in an amount not to exceed $91,822 for a period of nine months beginning October 1, 1992, with the option to extend for three one year periods, in accordance with Bid #5074 as publicly advertised. A20. 123: Accepting the low bid, and authorizing the execution of an Agreement with Brodart Company, in an amount not to exceed $130,400 for cataloging and processing services for the Library Technical Services Division for a period of one year commencing September 1, 1992, with options to renew for four additional years, all in accordance with Bid Proposal #5063. Sharon Ericson, President, Anaheim Municipal Employees Association (AMEA). She first submitted report dated September 15, 1992 to the Mayor and Council from AMEA addressing the item. After a moratorium on privatization was voted at the August 25, 1992 Council meeting, she is appalled to see this issue on the agenda tonight. AMEA made several presentations, one being the problems other agencies have had with the proposed contractor, Brodart. The Orange County Public Library tried processing cataloging with Brodart and found it to be a bad experience in both quality and cost. They got out of the contract and went back to their prior method, the way Anaheim handles it currently. She asked that the Council look at the material presented and make the right choice. She again questioned why it was even on the agenda and what happened to the moratorium. If the answer is because it was in the process of being studied, that will not work. If that is to be the case, then there really is no moratorium or perhaps the moratorium does not apply to the AMEA. Marilyn Hauk, Second Vice President AMEA. She also stated that AMEA thought there was a moratorium on privatization. The subject bid does not compare apples with apples. As long as they continue to do contracts where they are not insisting that a company have medical benefits, vacation, etc., it is only adding to the social problems already in existence. She would hope that they require more information perhaps from the other employee groups, especially since others have spoken unfavorably of the proposed contractor. Mayor Hunter asked the Library Director to give his input on the item. Bill Griffith, Library Director. This matter has been under study for several years. It has long predated any concern with privatization. The technology in the business has changed. The way they are cataloging is no longer viable in today's climate. They have been looking at two options - deprofessionalizing the operation and going to a clerical operation or contracting out. Either one was acceptable, but it looked more advantageous to contract out. Well in advance of the moratorium, they issued an RFP calling for bids. They received proposals, evaluated them and elected to go with Brodart. They have also contacted the different libraries and got a somewhat different response than AMEA. Further, if it doesn't work, they have an option of going to another vendor. If not acceptable, they would use staff. If they did, they would use clerical staff but it would not be done the same way it is done now. Mr. Griffith then answered questions posed by Councilmembers. No one will go out the door or be laid off with the change. They could do the work in-house but it is cleaner and cheaper to utilize the private sector in this case. It 641 City Hallr Anaheimr California - COUNCIL MINUTES-SEPTEMBER 15r 1992 - 5:00 P.M. is not new in libraries. It started a number of years ago. It involves the physical processing of the book from the time it is received to the time it is ready to go on the shelf and entered into the catalog. It will be done electronically. They have saved vacant positions so no one will lose their position. Whether they privatize or not, the impact will be identical. If they chose not to contract, they will put clerical employees on that job and put others elsewhere. A21. 128: Receiving and filing the Monthly Financial Analysis presented by the Director of Finance for one month ended July 31, 1992. A22. 123: Approving an Agreement with Nam June Paik, in the amount of $145,000 to provide artwork at the Anaheim Arena. Council Member Pickler voted no on this item. A23. 123: Approving an Agreement with Anaheim Union High School District for joint use of athletic facilities. A24. 153: Authorizing full-time City of Anaheim Employees to participate in a one-time accrued vacation buy-out, to provide a cash donation to a seriously-ill employee in the Community Development Department. A25. 123: Approving a Second Amendment to Agreement with the Community Care Network to provide professional services relative to the City's self- administered workers' compensation claims program, in the form of hospital utilization review and hospital specified rates, for the period of July 1, 1992 to June 30, 1994. A26. 123: Approving the assignment of equipment portion of the rental payment from Pacific Equipment & Irrigation, Inc., to Chicorp Financial Services, Inc. A27. 118.- RESOLUTION NO. 92R-195: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN TWO YEARS OLD. (Stadium/Golf Department. ) A28. 123: Approving an Agreement with Edwin N. Homer, dba The Information Technology Group (ITG) and the Data Processing Department for an amount not to exceed $107,800 for the purpose of implementing an Information Systems Plan for the Community Development Department. A29. 123: Approving an Agreement with Taormina Industries, Inc., which authorizes dissolution of Anaheim Disposal, Jaycox Disposal, and Consolidated Volume Transporters, Inc., and appoints Taormina Industries, Inc., as successor to such dissolved companies. A30. 123: Approving an Agreement with the Orange County Center for Health, Inc., in an amount not to exceed $30,000 for prenatal care services to low-and moderate-income women. 123: Approving an Agreement with the Orange County Center for Health, Inc., in an amount not to exceed $23,000 for general medical services to iow-and moderate-income persons. A31. 155: Approving a Negative Declaration pursuant to CEQA findings, for Underground Installation of Fairmont Substation 12 KV Circuits Mesa and Meadow in Fairmont Boulevard and Canyon Rim Road. 642 City Hallr Anaheimr California - COUNCIL MINUTES-SEPTEMBER 15, 1992 - 5:00 P.M. · A32. 159: Reject£ng all bids, and authorizing the Department of Maintenance to continue to maintain the four central City buildings (City Hall, City Hall West, Central Library and Police Department) as the most qualified, low cost service provider. .- .. Homer Watson, Ameriko Maintenance Company. They submitted a bid in good faith covering the maintenance of the four City buildings. At the bid opening, two responsible bids were opened, theirs and Koll Maintenance Management. The Ameriko bid at the time was Iow bid. They were informed that the City would be competing as well and he (Watson) asked what was the City's price and why the bid was not opened at the public bid opening. He was informed that the information would not be made available. Being in the contracting business when their prices are on the table and they find out someone else is bidding but they do not know their prices or their status, it becomes alarming. They were subsequently informed they were not the iow bidder but the City of Anaheim was and came in approximately $200,000 less per year. Looking at the bid summary prepared by the City Maintenance Department, it would appear that perhaps Ameriko's prices may have been used as a benchmark. It is a large question, in their mind, of ethics. He has been in the contracting business a long time but has never seen anything like this. He is recommending that the bid process be reviewed by parties on both sides headed up by a disinterested group to find out what really happened in this bid process. council Member Daly. In trying to understand some of the'numbers, in the current fiscal year, $661,000 is budgeted to maintain the four buildings. He knows one will be only for a partial year because it is the new City Hall West and for the next five years they are looking at approximately one million dollars a year. He asked what accounts for the gap. Assistant City Manager, Jim Armstrong. The first is the new building .which will add costs to maintain it and Utility costs. Secondly, they underbudgeted this year. That is an error and they will have to recoup next year. Council Member Daly asked then if the reserve will be depleted in a few years. Jim Armstrong. It will cover the cost in the current fiscal year. The primary purpose of the reserve is if major components go out. They do not want to deplete it. In future years, they will have to go back to each one of the departments and when they charge them costs, it will have to be hirer to recoup it. A33. 114: Approving the Anaheim City Council minutes of the meeting held July 21, 1992. Roll Call Vote on Resolution Nos. 92R-193 throuqh 92R-195, both inclusive, for adoption: AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 92R-193 through 92R-195, both inclusive, duly passed and adopted. Roll Call Vote on Ordinance No. 5333 for adopt'ion: AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 643 City Hallr Anaheim, California- COUNCIL MINUTES-SEPTEMBER 15r 1992 - 5:00 P.M. The Mayor declared-Ordinance No. 5333 duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. A34. 149: PUBLIC MEETING - ESTABLISHING AN INCREASE FOR PARKING VIOLATIONS: To consider an ordinance establishing an increase, in the amount of $2.00 in penalties for Anaheim Municipal Code parking violations (Anaheim Municipal Code 14.32.550). Submitted was report dated September 15, 1992 from the Director of Maintenance, John Roche and Chief of Police, Joe Molloy recommending that the Council adopt by ordinance a $2.00 increase for all parking penalties established in Anaheim Municipal Code Section 14.32. 550. Mayor Hunter asked if anyone wished to address the Council relative to the proposed increase; no one wished to speak. Council Member Hunter'offered Ordinance No. 5334 for first reading. ORDINANCE NO. 5334 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM ESTABLISHING THE PENALTIES FOR ANAHEIM MUNICIPAL CODE PARKING VIOLATIONS. BOARDS AND COMMISSIONS: A35. 105.- APPOINTMENT TO THE HOUSING COMMISSION: Appointment to the Housing Commission to fill the unscheduled vacancy of Elmer Thill, which term expires 6/30/93. This matter was continued from the meetings of August 11, August 18 and August 25, 1992 to this date. Council Member Pickler again requested that the matter be continued for one week. Council Member Ehrle stated he has a person who expressed an interest, Mr. Robert Lowe; however, he would not object to a continuance. MOTION: Council Member Pickler moved to continue the appointment to the Housing Commission for one week to September 22, 1992. Council Member Hunter seconded the motion. MOTION CARRIED. ITEMS B1 - B5 FROM THE PLANNING COMMISSION MEETING OF AUGUST 24, 1992 INFORMATION ONLY - APPEAL PERIOD ENDS SEPTEMBER 15t 1992: B1. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3534 AND NEGATIVE DECLARATION: OWNER: MCDONALD'S, 4370 La Jolla Village Drive, San Diego, CA 92122 LOCATION: 3210 West Lincoln Avenue (McDonald's Restaurant). Property is approximately .39 acres located on the southwest corner of Lincoln Avenue and Western Avenue. To permit the addition of an outdoor play/dining area to an existing drive-through restaurant with waiver of required setback adjacent to Lincoln Avenue and minimum landscape requirements. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3534 GRANTED, IN PART, (PC92-99) (4 yes votes, 1 abstained, I absent, and 1 vacancy). Waiver of code requirement - waivers deleted (no action). Approved Negative Declaration. 644 CitF Hall, Anaheim, California - COUNCIL MINUTES-SEPTEMBER 15, 1992 - 5:00 P.M. B2. 179: VARIANCE NO. 4192, CATEGORICALLY EXEMPT, CLASS 11: OWNER: IMPERIAL PROMENADE PARTNERS, 2300 Michelson Dr., Ste. 200, Irvine, CA 92715. AGENT: KNOWLWOOD ENTERPRISES, INC., 1717 Orangewood Ave., Ste. 1, Orange, CA 92668 LOCATION: 5665 East La Palma Avenue. Property is approximately 4.45 acres located north and west of the northwest corner of La Palma Avenue and Imperial Highway. Waiver of maximum number of wall signs to construct four wall signs. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4192 GRANTED (PC92-100) (5 yes votes, I absent, and i vacancy). B3. 179: CONDITIONAL USE PERMIT NO. 3533 AND NEGATIVE DECLARATION: OWNER: SIDNEY BICKEL,.3801 Seashore, Newport Beach, CA AGENT: GLENN GORMAN, 1821 N. Glassell Street, Orange, CA 92665 LOCATION: 633 South East Street. Property is approximately 1.8 acres located on the west side of East Street and approximately 176 feet north of the centerline of South Street. To permit an automotive towing and storage yard. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3533 DENIED (PC92-101) (3 yes votes, 1 abstained, i absent, and 1 vacancy). Denied Negative Declaration. The decision of the Planning Commission was appealed by the applicant and, therefore, a public hearing will be scheduled at a later date. B4. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3532, AND NEGATIVE DECLARATION: OWNER: ENDOWMENT REALTY INVESTORS INC., C/O Commercial Center Management, Attn: Aimee Brazeau, 1740 E. Garry Ave., Ste 110, Santa Aha, CA 92705 AGENT: RUDY LUCIDI, C/O RUDY'S PIZZA, 5572 East Santa Ana Canyon Road, Anaheim, CA 92807 LOCATION: 5572 East Santa Ana Canyon Road. Property is approximately 10.63 acres located at the southwest corner of Santa Ana Canyon Road and Imperial Highway. To permit on-premise sale and consumption of beer and wine in conjunction a semi-enclosed restaurant with waiver of minimum number of parking spaces. CUP NO. 3532 GRANTED (PC92-102) (4 yes votes, 1 abstained, 1 absent, and 1 vacancy) Waiver of code requirement APPROVED. Approved Negative Declaration. B5. 179: VARIANCE NO. 4041, AND NEGATIVE DECLARATION: OWNER: INTERVIROS TRUST AGREEMENT, C/O Jack and Nellie Levine, 320 Pine Avenue, Long Beach, CA 90802 AGENT: GREENBERG FARROW ARCHITECTS, 17671 Irvine Boulevard, Ste. 220, Tustin, CA 92680 and The Home Depot, Attn: Jim Lyon, Real Estate Mgr., 601S. Placentia Ave., Fullerton, CA 92631 LOCATION: 2300 West Lincoln Avenue (The Home Depot). Property is approximately 9.1 acres located on the south side of Lincoln Avenue and approximately 655 feet east of the centerline of Gilbert Street. 645 City Hall, Anaheim, California - COUNCIL MINUTES-SEPTEMBER 15, 1992 - 5:00 P.M. To amend or delete condition of approval pertaining to outdoor display/storage and to .further waive minimum number of required parking spaces to expand outdoor uses. ACTION TAKEN BY THE PLANNING COMMISSION:' Variance No. 4041 GRANTED, IN PART, (PC92-103) (for one year with possibility of further extensions - to expire August 24, 1993) (4 yes votes, i abstained, I absent, and 1 vacancy). Approved Negative Declaration. END OF THE PLANNING COMMISSION ITEMS. B6. 155: DENSITY TRANSFER REOUEST NO. 92-03 FOR THE HIGHLANDS OF ANAHEIM HILLS SPECIFIC PLAN 87-1: REQUESTED BY: JOE BOYLE, BOYLE ENGINEERING. To consider a density transfer from Development Areas 7, 8 and 10 to Development Areas 3 and 5 in order to process a 50-lot single-family detached residential subdivision (Tentative Tract Map No. 12693, Revision No. 1) in Development Area 3, a 101-1ot single-family detached residential subdivision (Tentative Tract Map No. 12686, Revision No. 1) in Development Area 5, and a 118-1ot single-family detached residential subdivision (Tentative Tract Map No. 12687, Revision No. 1) in Development Area 5. ACTION TAKEN BY THE PLANNING DIRECTOR: Density Transfer Request No. 92-03 GRANTED, on the condition that the development within Areas 3 and 5 shall conform to the plans and specifications on file with the City of Anaheim and labeled as Exhibit No. 1. This item was for Council information only. No action was taken by the Council~ ITEM B7 FROM THE PLANNIN9 COMMISSION MEETING OF SEPTEMBER 9, 1992 INFORMATION ONLY - APPEAL PERIOD ENDS SEPTEMBER 19., 1992: B7. 179: RECLASSIFICATION NO. 92-93-01, VARIANCE NO. 4194, TENTATIVE TRACT MAP NO. 14702, WAIVER OF COUNCIL POLICY NO. 542 AND NEGATIVE DECLARATION: OWNER: SOUTHERN PACIFIC TRANSPORTATION COMPANY, 1200 Corporate Center Drive, ~100, Monterey Park, CA 91756 AGENT: DANIEL R. POSILOVICH, 1729-C South Douglas Road, Anaheim, CA 92806 LOCATION: 2001 West Folsom Street. Property is approximately 0.84 acres located on the north side of Folsom Street and approximately 301 feet north of the centerline of Forest Lane. For a change in zone from RS-A-43,000 to RS-7200. For waiver of minimum lot area, minimum front yard setback and required lot frontage. To establish a 5-lot, K$-7200 "affordable" single-family residential subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Tentative Tract Map No. 14702 GRANTED (5 yes votes, i abstained, and 1 vacancy). Approved Negative Declaration. NOTE: RECLASS 92-93-01 AND VARIANCE 4194 HAVE A 22-DAY APPEAL PERIOD (WHICH EXPIRES OCTOBER 1, 1992) AND WILL APPEAR ON THE AGENDA OF SEPTEMBER 29, 1992. Cl. 107: POOL ROOM PERMIT APPLICATION - MAGIC STIX: 646 City Hallm Anaheim, California - COUNCIL MINUTES-SEPTEMBER 15, 1992 - 5:00 P.M. Request for pool room permit application submitted by William Donald Jankowski, 1340 Teepee Drive, Escondido, CA 92025. The business is located at 1235 Knott Street - Magic Stix. This is to consider an application for the operation of 30 pool tables at the location. Submitted was report dated September 1, 1992 from the Code Enforcement Manager, John Pools recommending denial of the subject application giving the background and reasons for his recommendation. City Attorney White. This is a hearing in which the applicant is allowed to present any evidence or testimony he has to offer. The Council may also wish to allow other members of the public to testify and staff as well. Mayor Hunter asked if the applicant or applicant's agent was present and, if so, did they have the opportunity to view the report from the Code Enforcement Manager. Mr. William Jankowski was present and stated that he had not seen the recommendation from staff. (A copy was supplied for Mr. Jankowski to read.) They are planning on refurbishing the center. It has some older sites and they want to work with those sites such as the bowling alley next door and refurbish the entire center. They want to establish a 21 and over club similar to the one in Costa Mesa called The Shark's Club, an up scale billiard room. He notes that the staff report is recommending denial. Relative to the school across the street, since it will be 21 and over, the business would not affect the elementary school. Most of their activities are at night. Mayor Hunter asked if anyone else wished to speak. There being no response he closed the hearing. MOTION: Council Member Hunter moved that the pool room permit application of William Donald Jankowski to permit 30 pool tables at 1235 S. Knott Avenue be denied on the grounds that, by reason of the location where the pool room is sought to be located, the conducting or carrying on of the pool room would be detrimental to the public health, public order or morals for each of the following reasons: 1. Its close proximity to residences to the west and south of the proposed location would not be compatible with, and would disturb the peace and tranquility of, the residential neighborhood. 2. The proposed use would contribute to noise and loitering problems in an area already overburdened by excessive noise, loitering and citizens' complaints concerning nuisance and zoning violations. 3. The proposed location is too close to Hansen Elementary School and such use would be detrimental to the school and its activities. Council Member Ehrle seconded the motion. MOTION CARRIED UNANIMOUSLY. D1. 179: CONTINUED PUBLIC HEARING- RECLASSIFICATION NO. 91-92-19 AND MITIGATED NEGATIVE DECLARATION: OWNER: The Fluor Family Trust, 4521 Perham Road, Corona Del Mar, CA 92625. 647 C4ty Hallr _An_ahe:i.mr Cal:i. forn£a - COUNCIl, MINUTES-SEPTEMBER 15t 1992 - 5 ~00 P.M. AGENT: Cecil' C. Wright, 265 S. Anita Drive, Ste. 205, Orange, CA 92668. LOCATION/REQUEST: The property is located at 1320-1382 Auto Center Drive and is approximately 7.98 acres located at the southwest corner of Auto Center Drive (formerly Taft Avenue) and Sanderson Avenue. The request is for a change from the ML Zone to the CL Zone. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 91-92-19 GRANTED (PC92-79) (5 yes votes, 2 no votes ). Approved Mitigated Negative Declaration. HEARING SET ON: The Planning Commission's decision was appealed by the Fluor Family Trust (agent, Cecil Wright) and public hearing scheduled and continued from the meetings of August 11, August 18, August 25, and September 1, 1992 to this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - July 30, 199.2 Mailing to property owners within 300 feet - July 30, 1992 Posting of property- July 31, 1992 City Clerk Sohl announced that there is an additional request for a one week continuance from the agent for the applicant to Tuesday, September 22, 1992. Mayor Hunter asked if anyone was present opposed to an additional continuance of the public hearing; there was no response. Council Member Hunter moved to continue the public hearing to Tuesday, September 22, 1992. Council Member Daly seconded the motion. MOTION CARRIED. ADJOURNMENT: Council Member Hunter moved to adjourn, Council Member Pickler seconded the motion. MOTION CARRIED. (6:01 p.m. ) LEONORA N. SOHL, CITY CLERK 648