1992/10/20City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 20, 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 and Hunter
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich
ZONING ADMINISTRATOR: Annika Santalahti
CODE ENFORCEMENT MANAGER: John Poole
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:35 p.m. on October 16, 1992 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Hunter called the meeting to order at 3:00 p.m.
REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items:
a. To confer with its attorney regarding pending litigation
pursuant to Government Code Section 54956.9 (a) to wit:
Golden West Baseball Co. vs. City of Anaheim, Orange
County Superior Court Case No. 40-92-46; Anaheim Stadium
Associates vs. City of Anaheim, et. al., Orange County
Superior Court Case No. 44-81-74.
Barajas, et al. v. City of Anaheim, Orange County Superior
Court Case No. 69-70-09.
Scarbrough v. City of Anaheim, Orange County Superior
Court Case No. X61-47-12; City of Anaheim v. Scarbrough,
et al., Orange County Superior Court Case No. 65-51-22.
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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 Government Code Section 54956.9 (b)(1).
To meet with, and give directions to, the City's real
property negotiator concerning the possible acquisition of
certain real property located at 1320-1382 Auto Center Drive
from the Fluor Family Trust and the possible disposition of
such property by the City to Roger and Ruth Miller.
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.
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City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 20, 1992 - 5:00 P.M.
By general Consent, the Council recessed into Closed Session. (3:00 p.m. )
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(5:00 p.m.)
INVOCATION: Dr. Jarrell W. Garsee, First Nazarene Church, gave the
invocation.
FLAG SALUTE: Council Member Irv Pickler led the assembly in the Pledge of
Allegiance to the Flag.
119: PRESENTATION - 1992 ANNUAL SERVICE AWARD PRESENTATIONS FOR 25, 30 AND 35
YEARS OF SERVICE WITH THE CITY OF ANAHEIM:
The Mayor and Members of the City Council presented service awards to the
following employees.
35 YEAR SERVICE AWARDS:
William Griffith
Ronald Cole
Francis "Fritz" Young
Joseph Bruce
Louis Masciel
30 YEAR SERVICE AWARDS:
Richard Christensen
John Roche
Marion Brouwer
Glen Bagley
Royce Inglis
Garry McRae
Lee Peterson
Stephen Albright
Gordon Blair
Joe Rodriguez
Stephen Blake
Eldon Bollom
25 YEAR SERVICE AWARDS:
Shirley Oudeans
Anna Blount
Harold Briggs
Kenneth Brott
Karl Fonceca
Esther Hoyer
Jackie Jessen
Jerry King
Franklin Vanderweerd
Robert Greathead
Kenneth Mellon
James Nellesen
Leonard Chapman
Charles Pollard
Frank Ventrola
Ezio Capparelli
Michael Gutierrez
Donald Miller
Darrell Ament
James Rawson
Ronald Fisher
Ronald Godsey
Thomas Lahmon
Hector Robles
Kenneth Scott
John Edwards
Ronald Hamric
Gerald Laird
Ralph Sarver
Ernest Alonzo
Jonnie Saye
Ted Schroeder
Joseph Rosas
Cheryl Flores
Robert Beebe
John Johnson
Charles Kelly
119: PRESENTATION - CERTIFICATE OF REGONITION: A Certificate of Recognition
was presented to Mary Bouas for her twelve years of service to the citizens of
Anaheim as member of the Planning Commission from 1980 to 1992. Ms. Bouas
expressed her appreciation for the opportunity to serve on the Planning
Commission for the past twelve years.
119: PRESENTATION - ANAHEIM COMMUNITY FOUNDATION: The proceeds collected by
the 1992 Commuter Round-Up and Chili Cook-Off was presented by Public Works
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City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 20, 1992 - 5:00 P.M.
Director/City Engineer Gary Johnson and Transportation Systems Specialist
Kathleen Reavis to Mrs. Jacqueline Terrell, President of the Anaheim Community
Foundation.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was
unanimously adopted by the City Council, along with the award, and presented
to Kathleen Reavis, Transportation Systems Specialist of Traffic Engineering
for their outstanding efforts to increase ridesharing between Riverside and
Anaheim.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was
unanimously adopted by the City Council to the National Council of Negro Women
hosting their 57th annual conference which will be held on October 24, 1992.
Liz Cason, Founder and Treasurer of the Orange County Chapter accepted the
declaration.
119: PROCLAMATION: The following proclamation was issued by Mayor Hunter and
authorized by the City Council:
4th Annual Art in Public Places Awards
Mary Sloan, Anaheim Arts Council President and Julie Mayer, Chairman of Arts
in Public Places Committee (Anaheim Arts Council) accepted the 4th Annual Art
in Public Places proclamation.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,975,843.50 for the
period ending October 2, 1992; $5,945,770.01 for the period ending October 9,
1992 and $2,049,510.54 for the period ending October 16, 1992, in accordance
with the 1992-93 Budget, were approved.
Mayor Hunter recessed the City Council meeting until after the Redevelopment
Agency, Housing Authority and Public Improvement Corporation meetings.
(5:43 p.m.)
Mayor Hunter reconvened the City Council meeting. (5:47 p.m. )
PUBLIC COMMENTS - AGENDA ITEMS:
Joanie King spoke on Item A4 and Sharon Ericson spoke on Item A33 (see
discussion under those items).
ITEMS OF PUBLIC INTEREST:
Pedro Vasquez, 415 S. Claudina Street. Requested repeal or modification of
Ordinance No. 5330 regulating street vendors in the City of Anaheim. He
feels it is impossible to make a living under the existing ordinance.
Amin David noted recommendations which had previously been submitted by Rusty
Kennedy and himself, resulting from a series of meetings between vendors
and representatives of NOVA in an effort to resolve the issues.
Mark Thomas, 2130 Mallul Drive. Street vendors come through his street on a
daily basis, sometimes 10-12 times a day; they play music and sound their
horns, disturbing the peace. He feels they should be restricted to commercial
areas only; there should be no compromise of the existing ordinance.
Mike Kawalski, NOVA. He is in support of the ordinance as adopted and feels
it would not put anyone out of work since there are many workable solutions
provided and commercial zones have been identified where the vendors could
remain mobile.
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City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 20, 1992 - 5:00 P.M.
City Attorney Jack White reported that a lawsuit against the City has been
filed approximately four weeks ago by a representative group of vendors
seeking to enjoin the operation of the ordinance; their attorney requested a
temporary restraining order on that date which was denied by the Superior
Court. Hearing was scheduled for October 16, 1992, on an application for a
preliminary injunction to enjoin the City in enforcing the ordinance, which
was also denied by the Superior Court. The lawsuit is still pending, and the
existing ordinance must be followed. In the interim period, Code Enforcement
Manager John Poole will continue to work with the vendors.
Lois Scheckinger, 608 N. Sabina Street. She submitted a petition signed by
property owners on Topeka, Sabina, Wilhelmina and Pauline Streets requesting
additional and higher intensity street lighting in their area. They are
experiencing a number of problems there and feel this is the first step in
making improvements. The owners are willing to install two lights per
building, if provided by the City, which is included in their request.
Mayor Hunter noted that the Assistant General Manager for Public Utilities,
Darrell Ament, was in the Chamber audience; Mr. Ament stated he would assist
Ms. Scheckinger concerning the request.
gITY 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-212 through 92R-219, both inclusive, for
adoption. Council Member Pickler offered Ordinance Nos. 5336 and 5337 for
adoption and Ordinance No. 5338 for introduction. Refer to
Resolution/Ordinance Book.
WAIVER OF READING - RESOLUTIONS/ORDINANCES: The titles of the following
resolutions and ordinances were read by the City Manager. (Resolution
Nos. 92R-212 through 92R-219, both inclusive, for adoption and Ordinance Nos.
5336 and 5337 for adoption.)
Council Member Pickler moved to waive the reading in full of the resolutions
and ordinances. Council Member Simpson 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 Nancy Vogt and Thomas Vogt for indemnity sustained
purportedly due to actions of the City on .or about May 24, 1992.
b. Claim submitted by Douglas and Kathleen Ramsey for property damage
sustained purportedly due to actions of the City on or about August 15,
1992.
c. Claim submitted by Amber J. Ott for property damage sustained
purportedly due to actions of the City on or about July 4 through July 11,
1992.
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City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 20, 1992 - 5:00 P.M.
d. Claim submitted by Alicia Perez for bodily injury sustained
purportedly due to actions of the City on or about September 1, 1991.
e. Claim submitted by Rembrandt Graphics, Inc. for property damage
sustained purportedly due to actions of the City on or about August 13,
1992.
f. Claim submitted by James A. Marotta for property damage sustained
purportedly due to actions of the City on or about August 9, 1992.
g. Claim submitted by Zac Precision, Inc. for property damage sustained
purportedly due to actions of the City on or about August 13, 1992.
h. Claim submitted by Carol Lutes for property damage sustained
purportedly due to actions of the City on or about June 8, 1992.
i. Claim submitted by Ali Kabiri Kocheksaraei for property damage
sustained purportedly due to actions of the City on or about September 4,
1992.
A2. 105: Receiving and filing minutes of the Anaheim Public Library Board
meetings held 7/22/92 and 8/26/92.
140: Receiving and filing the Anaheim Public Library Monthly Statistical
Report for the months of March and April, 1992.
105: Receiving and filing minutes of the Anaheim Park and Recreation
Commission meeting held July 15, 1992.
107: Receiving and filing the Building Division Statistical Report Summary
ending August 31, 1992.
A3. 179: ORDINANCE NO. 5336 - (ADOPTION): AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING SECTIONS OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE
RELATING TO PLANNING COMMISSION AND ZONING ADMINISTRATOR PROCEDURES.
(Introduced at the meeting of September 29, 1992. )
A4. 156: ORDINANCE NO. 5337 - (ADOPTION): AN ORDINANCE OF THE CITY OF
ANAHEIM ADDING CHAPTER 6.73, SECTIONS 6.73.010 THROUGH 6.73.060, INCLUSIVE, TO
TITLE 6 OF THE ANAHEIM MUNICIPAL CODE RELATING TO POLICE RESPONSES TO LOUD
PARTIES. (Introduced at the meeting of September 29, 1992. )
Joanie King, 1344 Petal Place, Anaheim. If the ordinance is adopted, she
requests that the wording provide for enforcement on a 24-hour per day basis.
Residents on her street are subjected to noise from loud stereos and live
bands emanating from apartments on Guinida Lane, day and night.
AS. 123: Authorizing the Mayor and City Clerk to execute District
Cooperative Agreement No. 12-083 for Traffic Signal Installation Project at
the 91 Freeway and Weir Canyon Road, and amending the FY 1992/93 Budget by
increasing revenues in Account No. 15-792-3137 and expenditures in Account
No. 15-792-6325 by $86,000.
City Attorney Jack White recommended that a sentence be added to this
agreement, if approved, which would allow the City to recover up to 80% of the
costs for those Caltrans projects from federal grant funds, provided these
funds are available.
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City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 20, 1992 - 5:00 P.M.
A6. 123: Approving and authorizing the Mayor and City Clerk to execute
District Agreement No. 12-148 with the State of California. This is a
cooperative agreement with Caltrans for the design of additional state highway
improvements with the I-5 Freeway widening project, and funds for this
agreement are restricted for transportation-related improvements.
City Attorney Jack White recommended that a sentence be added to this
agreement, if approved, which would allow the City to recover up to 80% of the
costs for those Caltrans projects from federal grant funds, provided these
funds are available.
Council Member Pickler abstained from voting on this item.
A7. 123: Approving and authorizing the Mayor and City Clerk to execute
District Agreement No. 12-149 with the State of California. This is a
cooperative agreement with Caltrans for the design of additional state highway
improvements with the I-5 Freeway widening project, and funds for this
agreement are restricted for transportation-related improvements.
Council Member Pickler abstained from voting on this item.
A8. 123: Approving the Tenth Addendum to the Agreement with Hellmuth, Obata
& Kassabaum, Inc., in the amount of $23,265 for the design of the Anaheim
Arena.
Council Member Pickler voted no on this item.
A9. 175: Awarding the contract to the lowest and best responsible bidder,
Macco Constructors, Inc., in the amount of $78,736 for construction of
Sycamore 10" Water Main Relining; 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. 167: Awarding the contract to the lowest and best responsible bidder,
JWP Transpac Group, Inc., in the amount of $251,054.49 for Traffic Signal
System Fiber Optic Cable Installation Project Two; 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 iow and second Iow bidders.
Ail. 167: Awarding the contract to the lowest and best responsible bidder,
Steiny and Company, in the amount of $252,415 for Traffic Signal System
Conduit Installation Project; 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.
Al2. 150: Approving the appropriation of additional funds, in the amount of
$243,973 from th~ pa~ ~it~ an~ playground ~un~ balance, and awarding the
contract to the lowest and best responsible bidder, Hondo Company,
Incorporated, in the amount of $554,895, for development of Citrus Park, which
includes the base bid and additive alternatives II and III ($11,333); 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.
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City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 20, 1992 - 5:00 P.M.
This item was withdrawn from the Consent Calendar to be rescheduled at a later
date.
Al3. 169: Awarding the contract to the lowest and best responsible bidder,
Sully-Miller Contracting Company, in the amount of $1,398,976.20 for Tustin
Avenue/La Palma Avenue Street, Water, Electrical, Traffic Signal and
Landscaping Improvements; 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.
This item was withdrawn from the Consent Calendar to be rescheduled at a later
date.
Al4. 165: Accepting the construction of the improvements, and approving the
Notice of Completion of the Construction of Barrier-Free Anaheim by $.J.K.
Construction, Inc., and authorizing the Mayor to sign and the City Clerk to
file said Notice of Completion.
Al5. 175: Accepting the construction of the improvements, and approving the
Notice of Completion of the construction of Water Valve Replacement Phase VI
by Williams Supply Company, and authorizing the Mayor to sign and the City
Clerk to file said Notice of Completion.
Al6. 106: Amending the FY 1992/93 Budget for Public Works - Engineering
Capital Improvement Projects (funds are all restricted for transportation-
related improvements) as set forth in Staff Report dated October 13, 1992 (on
file) .
Al7. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent
to issue a purchase order, without competitive bidding to Schlumberger
Industries, c/o McAvoy and Markham Engineering Company, in the amount $25,500
for the PC-based Multi-Master System Software and system start-up for use by
Utilities in performing load research.
Al8. 160: Accepting the low bid of L & D Grading, in an amount not to exceed
$100,000 for specialized concrete work for the replacement of asphalt with
concrete paths at the City's Golf Courses, in accordance with Bid #5085.
Al9. 128: Receiving and filing the Monthly Financial Analysis presented by
the Director of Finance for two months ended August 31, 1992.
A20. 113: Approving the use of Council Contingency Funds, in the amount of
$1,295 for a fax machine for City Clerk/City Council use.
A21. 150: Approving a partial fee waiver for the Phoenix Soccer Club for
their u~age of Sunkist Elementary School for the 1992-93 season.
.
A22. 123: Approving a Third Amendment to Agreement with Sasaki Associates,
Inc., in an amount not to exceed $5,589.12 for revisions to the Parks,
Recreation & Community Services Element of the Anaheim General Plan.
A23. 123: Approving an Agreement with Orange County Symphony, in the amount
of $34,075 from Freedman Foundation grant funds, for the purpose of providing
an instructional music program at five Anaheim City Elementary School District
sites.
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City Hall, ~_~aheim, California - COUNCIL MINUTES - OCTOBER 20, 1992 - 5:00 P.M.
A24. 129: RESOLUTION NO. 92R-212: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DESIGNATING THE EMERGENCY SERVICES COORDINATOR, THE FIRE CHIEF
AND THE FIRE ADMINISTRATION CHIEF AS AGENTS OF THE CITY OF ANAHEIM FOR LIAISON
TO THE STATE OFFICE OF EMERGENCY SERVICES FOR ALL MATTERS PERTAINING TO
D I SASTER ASS I STANCE.
A25. 123: Approving an Agreement with Communication Arts Incorporated, in an
amount not to exceed $81,000 for the development of a comprehensive design
identity program for the City's Commercial Recreation Area (CRA).
Council Member Pickler abstained from voting on this item.
A26. 123: RESOLUTION NO. 92R-213: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AMENDMENT TO
COOPERATION AGREEMENT NO. 74 FOR THE RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS WITH
THE ANAHEIM REDEVELOPMENT AGENCY.
A27. 123: Approving an Agreement with the North Orange County Community
College District (NOCCCD) and the City of Anaheim Service Delivery Area for an
amount not to exceed $19,986 for client eligibility certification and client
referrals for the period of July 1, 1992 to June 30, 1993; and authorizing the
City Manager to execute said Agreement.
106: Amending the 1992-93 budget to increase both revenues and expenditures
in Program 21-395 by $19,986.
A28. 123: Approving a Grant Agreement with the California State Department
of Education, in the amount of $103,602 for the period of July 1, 1992 through
June 30, 1993; allocating $79,574 to the North Orange County Community College
District (NOCCCD) to provide educational services to eligible Anaheim GAIN
clients, and authorizing the JTP Manager to execute the necessary subcontract
agreement and any modifications thereto; and amending the City Budget to
increase revenues and expenditures, in the amount of $22,080 in Program 393.
A29. 123: Approving the Capacity Purchase Agreement with Transphase Systems,
Inc., for 6 MW of thermal energy storage units, including a service contract
with customers, and authorizing the Public Utilities General Manager to
execute this agreement and associated service contracts in implementation of
the Agreement, as recommended by the Public Utilities Board at their meeting
of October 1, 1992.
A30. 123: Approving an Agreement with Doty Bros. Equipment Company for
services on the City's water system in case of an emergency.
A31. 114: Approving minutes of the Council meetings held 8/18/92, 8/25/92,
9/1/92 and 9/15/92.
A32. 153: Adopting resolutions to implement the recommended reorganization
in the Public Utilities Department:
RESOLUTION NO. 92R-214: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 92R-22 WHICH ESTABLISHED RATES OF COMPENSATION
FOR CLASSIFICATIONS DESIGNATED AS ADMINISTRATIVE.
RESOLUTION NO. 92R-215: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 92R-21 WHICH ESTABLISHED RATES OF COMPENSATION
FOR CLASSIFICATIONS DESIGNATED AS MIDDLE MANAGEMENT.
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RESOLUTION NO. 92R-216: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 92R-20 WHICH ESTABLISHED RATES OF COMPENSATION
FOR CLASSIFICATIONS DESIGNATED AS SUPERVISORY.
RESOLUTION NO. 92R-217: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 92R-18 WHICH ESTABLISHED RATES OF COMPENSATION
FOR CLASSIFICATIONS DESIGNATED AS PROFESSIONAL.
A33. 153: RESOLUTION NO. 92R-218: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING TWO LETTERS OF UNDERSTANDING BETWEEN THE ANAHEIM
MUNICIPAL EMPLOYEES ASSOCIATION, GENERAL AND CLERICAL UNIT AND THE CITY OF
ANAHEIM. (To provide mitigation on the effects of using contract services to
perform Library Department technical services work. )
Sharon Ericson, Anaheim Municipal Employees ASsociation President. Reported
that representatives of the Association worked together with the City Manager
and achieved the best possible arrangement; no employees were lost, however
one employee will lose a portion of her monthly compensation effective July 1,
1993. Concerning a proposal to defer a 5% salary increase, provided in the
third year of the existing contract, an election was held resulting in the
largest turnout in AMEA history with 603 total ballots cast out of an eligible
732. The majority voted in opposition to the deferment.
A34. 123: Approving an artistic services agreement with Keith Sonnier, in
the amount of $320,000 to provide artwork at the Anaheim Arena, in accordance
with the Anaheim Arena Art Plan.
Council Member Pickler voted no on this item.
A35. 137: RESOLUTION NO. 92R-219: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE PREPARATION, EXECUTION, SALE AND DELIVERY OF
NOT TO EXCEED $65,000,000 AGGREGATE PRINCIPAL AMOUNT OF CERTIFICATES OF
PARTICIPATION; APPROVING A TRUST AGREEMENT AND INSTALLMENT PURCHASE AGREEMENT
AND CERTAIN ACTIONS IN CONNECTION THEREWITH, AND APPROVING THE PRELIMINARY
OFFICIAL STATEMENT FOR THE PURCHASE OF AN INTEREST IN SAN JUAN GENERATING
STATION UNIT 4.
A36. 150: Receiving and filing minutes of the Community Redevelopment
Commission meetings held 9/2/92 and 9/30/92.
A37. 173: Receiving and filing Amended Application No. A92-07-054 before the
Public Utilities Commission of the State of California in the matter of
Michael S. Mitchell and Bruce P. Hector, Mickey's Space Ship Shuttle, for
certificate of public convenience and necessity to operate as passenger stage
service between certain portions of Los Angeles County and Orange County, and
Los Angeles International Airport (LAX) and John Wayne Orange County Airport.
A38. 155/123: (1)Approve the Negative Declaration for the Auto Center
Project, based on the Initial Study and any testimony; (2)Approving the
Purchase & Sale Agreement and Escrow Instruction by and between the City of
Anaheim and J. Simon Fluor III and Gloria B. Fluor Trustees (parcel 1);
(3)Approving the Purchase & Sale Agreement and Escrow Instruction with J.
Simon Fluor III and Gloria B. Fluor, Trustees (Parcel 2); (4)Finding and
determining that it is in the best interest of the City not to sell this
property through a public bid process in accordance with Section 1222 of the
City Charter (Sale of Municipal Property); and (5) Approve the Purchase & Sale
Agreement and Escrow Instruction by and between the City and Roger and Ruth
Miller.
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City Attorney Jack White reported that there may be certain minimal
changes to these agreements and, if approved, he recommended that the City
Council approve with authorization for minor non-substantive changes to one or
more of these documents, as those changes would be acceptable to the Community
Development Director.
A39. 108: ORDINANCE NO. 5338 - (INTRODUCTION): AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING CHAPTER 2.12 OF TITLE 2 OF THE ANAHEIM MUNICIPAL CODE
PERTAINING TO TRANSIENT OCCUPANCY TAX. (Clarifying original intent and
addressing issues raised due to the increase approved in May of 1992. )
Roll Call Vote on Resolution Nos. 92R-212 through 92R-219, 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-212 through 92R-219, both inclusive,
duly passed and adopted.
Roll Call vote on Ordinance Nos. 5336 and 5337 for adoption:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Ordinance Nos. 5336 and 5337 duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
A40. 105: APPOINTMENT TO THE BOARD OF DIRECTORS OF THE ANAHEIM STADIUM
CORPORATION, INC.: Confirming the appointment of H. William Bridgford to the
Board of Directors of the Anaheim Stadium Corporation, Inc.
MOTION: Council Member Pickler moved to confirm the appointment of H. William
Bridgford to the Board of Directors of the Anaheim Stadium Corporation, Inc.
Council Member Ehrle seconded the motion. MOTION CARRIED.
ITEMS B1 - B3 FROM THE ZONING ADMINISTRATOR MEETING OF OCTOBER 1, 1992:
DECISION DATE: OCTOBER 8, 1992 INFORMATION ONLY - APPEAL PERIOD ENDS
OCTOBER 23, 1992:
BI. 179: VARIANCE NO. 4199, CATEGORICALLY EXEMPT, CLASS 5:
OWNER: CHRISTOPHER WHITE, 829 1/2 South ~emon Street, Anaheim, CA 92805
LOCATION: 833 South Lemon Street. Property is approximately 7,650 square
feet, having a frontage of approximately 50 feet on the west side of Lemon
Street, having a maximum depth of approximately 151 feet and being located
approximately 070 £ee~ north o£ ~he cen~erline o£ Vermon~ Avenue.
To construct an additional unit to an existing single-family unit with
waiver of minimum number of covered parking spaces and minimum structural
setback.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4199 APPROVED (ZA92-47).
B2. 179: VARIANCE NO. 4200, CATEGORICALLY EXEMPT, CLASS 5:
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OWNER: THOMAS M. WEBER, P.O. Box 1238, Garden Grove, CA 92642
LOCATION: 213 West Elm Street. Property is approximately 7,600 square
feet, having a frontage of approximately 50 feet on the north side of Elm
Street, having a maximum depth of approximately 152 feet and being located
approximately 151 feet east of the centerline of Clementine Street.
To construct a 1,000 square foot garage with waiver of maximum rear lot
coverage.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4200 APPROVED, IN PART, (ZA92-48).
B3. 179: AMUSEMENT ARCADE NO. 1019:
REQUESTED BY: RICHARD DEBEIKES, MIKE RHODES, AND DAN LEE, FAMILY FUN AND
GAMES, 2300 Michelson Drive, Suite 200, Irvine, CA 92715
LOCATION: 5655 East La Palma Avenue, Suite 140
To permit 75 to 100 amusement devices.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Amusement Arcade No. 1019 APPROVED (ZA92-49).
Review of the Zoning Administrator's decision requested by Mayor Hunter
and Council Member Simpson. Set for public hearing 11/17/92.
This matter requires a public hearing before the City Council, and therefore,
is scheduled to be held on November 17, 1992 at 6:00 p.m.
END OF THE ZONING ADMINISTRATOR ITEMS.
ITEM B4 - DECISION OF THE PLANNING DIRECTOR
APPEAL PERIOD ENDS OCTOBER 21, 1992:
B4. 155: DENSITY TRANSFER REQUEST NO. 92-04 FOR THE HIGHLANDS OF ANAHEIM
HILLS SPECIFIC PLAN NO. 87-1:
REQUESTED BY: ALAN UMAN, PRESLEY OF SOUTHERN CALIFORNIA, 19 Corporate
Plaza, Newport Beach, CA 92660
To consider a density transfer of four units from Development Areas 7 to
Development Area 6 in order to process a 52-unit condominium complex in
Development Area 6.
ACTION TAKEN BY THE PLANNING DIRECTOR:
Density Transfer Request No. 92-04 GRANTED, on the condition that the
development within Areas 6 and 7 shall conform to the plans and
specification on file with the City of Anaheim and labeled as Exhibit
NO. 1.
B5. 179: CONDITIONAL USE PERMIT NO. 3297 - REQUEST FOR EXTENSION OF TIME:
REQUESTED BY: MASSOUD MONSHIZADEH, 1524 Victoria Way, Placentia, CA
92670
LOCATION: 935 South Gilbert Street. Property is located on the north
side of Ball Road between Roanne and Gilbert Streets.
Petitioner requests a time extension (retroactive to September 18, 1992,
and to expire on September 18, 1993) to comply with conditions of
approval.
CONDITIONAL USE PERMIT NO. 3297 is to permit an 85-unit senior citizen
apartment complex with waivers of structural setback and yard requirement
and minimum building site area.
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City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 20, 1992 - 5:00 P.M.
In response to query by Council Member Pickler, Zoning Administrator Annika
Santalahti reported that if granted, this would be the second extension of
time to subject Conditional Use Permit. The permit, as granted, deviates from
provisions of the Zoning Code, and there have been some changes to the Code
during the past year which would reduce the density of the project to 70 units
rather than the 85 original approved.
Mr. Massoud Monshizadeh, applicant, addressed the City Council noting delays
they have experienced in attempting to meet zoning and building requirements.
He stated that the developers were not willing to reduce the density of the
project to 70 units.
MOTION: Council Member Pickler moved to grant a retroactive extension of time
to expire September 18, 1993, subject to the following conditions, as set
forth in the Planning Department Staff Report dated October 13, 1992:
1. That plans submitted for building permits shall show a second
elevator located in Building II, thereby providing all units with
elevator service within a one hundred fifty (150) foot walking
distance, in conformance with Section 18.94.032.011 of the Anaheim
Municipal Code.
2. That plans submitted for building permits shall show enhanced
landscaping consisting of trees in the front landscaped
setbacks (in compliance with Section 18.04.060.013), landscape
screening of fences and block walls visible to public rights-
of-way (Section 18.04.060.040 and Condition No. 21 of
Resolution No. 90R-363), and landscaping in the Ball
Road/Roanne Street parking lot (Sections 18.04.060.050 and
18.06.030.040).
3. That revised plans shall be submitted for building permits
showing the maximum number of units has been lowered to
seventy (70), in conformance with Chapter 18.99 "Density
Bonus".
4. That prior to issuance of building permits, revised plans
shall be submitted to the Community Development Department for
review and approval, in conformance with Anaheim's Residential
Design Guidelines for Affordable Housing Development.
Council Member Daly seconded the motion. MOTION CARRIED.
Cl. 107: POOL ROOM PERMIT APPLICATION:
REQUESTED BY: CHANG H. YOON, 1149 N. Dresden Street, Anaheim, CA 92801
LOCATION: 2875 - 2887 West Lincoln Avenue (Bel Air Family Billiard)
To consider the application for operation of 40 billiard tables.
Mr. Yoon addressed the City Council outlining efforts in contacting the
t~nant~ and ar~a r~id~nt~ e0ne~rnin~ hi~ Dr0D0~al, a~ w~ll a~ att~mDt~ to
sell the entire shopping center property. He plans a family-oriented
recreational center, and requested approval of his application.
A gentleman representing Guys and Gals Suntanning, an establishment now in its
tenth year at the center, spoke of improvements since Mr. Yoon purchased the
property, and recommended that his permit be granted.
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City Hall, Anaheim, California - COUNCIL MINuTEs - OCTOBER 20, 1992 - 5:00 P.M.
Mr. Bob Ashon, real estate broker specializing in the transfer of businesses,
and a business valuation consultant and litigation expert witness in both Los
Angeles and Orange County Superior Courts, spoke in support of Mr. Yoon's
character and his diligence and competence in management of the center. He
noted the popularity of billiards today, and pointed out that there would be
no application for beer and wine at this location. Mr. Yoon has considerable
'investment of his own personal funds in this center.
Mr. Michael Earls, of Irvine, stated that the game of billiards is nearing
Olympic competition status, and the game is now big business. He felt there
was a need for a quality billiard parlor in Anaheim, and was confident that
the proposed business would be a fine operation.
In accordance with recommendations by the Planning Department Staff Report
dated October 7, 1992, and the Staff Report from the Chief of Police dated
September 21, 1992, Council Member Hunter moved that the application to permit
and operate forty pool tables at 2875-2887 West Lincoln Avenue be denied on
the grounds that, by reasons of the location where the pool room is sought to
be located, the conduction 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)
Twelve residences are located immediately to the
north, west and south of the proposed location, and
the proposed use would generate noise and traffic
which would be incompatible with and disturb the peace
and tranquility of such residential neighborhoods.
2)
The proposed use would contribute to the noise and
loitering problems in an area already overburdened by
excessive noise, loitering and zoning violations,
which problems would be detrimental to the public
order and adversely affect the surrounding commercial
and residential uses.
3)
The proposed location is in an area which has been
identified by the Anaheim Police Department as a high
crime area, and that such area was statistically shown
as 48% above the average in reported crime City-wide
in 1990 and 47% above the average in reported crime
City-wide in 1991.
Council Member Simpson seconded the motion. MOTION CARRIED.
D1. 179: PUBLIC HEARING - 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, 1 absent, and
1 vacancy).
Denied Negative Declaration.
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City Hall, Anaheim, California - COUNCIL MINUTES -OCTOBER 20, 1992 - 5:00 P.M.
HEARING SET ON: A letter of appeal was submitted by the agent, Glen Gorman,
Tri Star Towing and public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - October 8, 1992
Mailing to property owners within 300 feet - October 6, 1992
Posting of property - October 9, 1992
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated August 24, 1992.
City Clerk Leonora Sohl called attention to letter dated October 12, 1991,
from Leon C. Alexander, legal counsel to the appellant, Glen Gorman, agent for
the owner Sidney Bickel, requesting that subject public hearing be continued
for 30 days to allow applicants to be present. It was noted that Mr.
Alexander was present today.
Marilyn Helm, 700 S. East Street, was present representing a group of
residents in opposition to the conditional use permit application. She noted
that many persons were in the chamber and wished to be heard, since some could
not be present again.
RECESS: By general consent the Council recessed for 5 minutes. (6:47 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (6:52 p.m.)
Discussion was held between interested parties and Mr. Alexander.
·
At the conclusion of the discussion, Council Member Hunter moved that the
public hearing on Conditional Use Permit No. 3533 be continued to Tuesday,
November 17, 1992 at 6:00 p.m. Council Member Ehrle seconded the motion.
MOTION CARRIED.
D2. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3413 - REQUEST TO AMEND
OR DELETE CONDITIONS OF APPROVAL pERTAINING TO TIME LIMITATION OF A
PREVIOUSLY-APPROVED RESTAURANT WITH ON-PREMISE SALE AND CONSUMPTION OF BEER
AND WINE:
OWNER: NORBERT WATERS, 12132 Morrie Lane, Garden Grove, CA 92640
Petitioner requests to amend or delete conditions of approval pertaining
to time limitation of a previously approved restaurant with on-premise
sale and consumption of beer and wine. Property is located at 2521E.
Ball Road.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3413 - recommended approval of time extension to expire 7/9/93.
HEARING SET ON: A review of the Planning Commission's decision was requested
by Council Members Hunter and Daly and public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - October 8, 1992
Mailing to property owners within 300 feet - October 6, 1992
Posting of property - October 9, 1992
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated September 9, 1992.
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City Hall t ~aheimt California - COUNCIL MINUTES - OCTOBER 20t 1992 - 5~00 P.M.
The City Planning Commission by motion recommended denial of request to delete
a condition of approval pertaining to time limitation, and alternatively
recommended approval of a one year time extension, retroactive to July 9,
1992, and to expire July 9, 1993, in order to comply with conditions of
approval, based on the following:
a. That the proposed use remains to be in compliance with the
Anaheim General Plan.
b. That the expanded restaurant use together with on-premise
sales and consumption of beer and wine is a proper use for
which a conditional use permit is authorized by the
Anaheim Municipal Code.
Zoning Administrator Annika Santalahti reported that the extension of time
granted in 1991 was to allow compliance with the conditions of approval.
Landscaping and parking lot improvements were delayed due to the Ball Road
improvement in the area, just now nearing completion. In addition to the
Planning Commission's recommendation, staff recommends that the applicants be
given 90 or 120 days to meet the conditions of approval for Conditional Use
Permit No. 3413.
Mr. Gus Riker, owner of Gustav's Jagerhaus Restaurant, advised that he has
experienced no problems in his operation other than the street widening
delays.
Mr. Norbert Waters, owner of the property, stipulated that the landscaping
and parking lot provisions could be accomplished within 120 days, and he
described plans for other property improvements.
Mayor Hunter closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council
Member Hunter, seconded by Council Member Ehrle, the City Council approved the
negative declaration upon finding that it has .considered the negative
declaration together with any comments received during the public review
process, and further finding on the basis of the initial study and any
comments received that there is no substantial evidence that the project will
have a significant effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 92R-220)
Council Member Hunter moved to waive the reading in full of the resolution.
Council Member Ehrle seconded the motion. MOTION CARRIED.
Council Member Hunter offered Resolution No. 92R-220 for adoption, authorizing
amendments to Condition No. 7 granting a one-year extension of time
retroactive to July 9, 1992 and to expire July 9, 1993. Refer to Resolution
Book.
RESOLUTION NO. 92R-220: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN
CONDITIONAL USE PERMIT NO. 3413 AND AMENDING RESOLUTION NO. 91R-225.
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City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 20, 1992 - 5:00 P.M.
Roll Call Vote on Resolution No. 92R-220 for adoption:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 92R-220 duly passed and adopted.
MOTION: On motion by Council Member Hunter, seconded by Council Member Ehrle,
the City Council authorized an additional period of time through February 20,
1993, to meet all conditions of approval for Conditional Use Permit No. 3413.
MOTION CARRIED.
ADJOURNMENT: Council Member Hunter moved to adjourn, Council Member Ehrle
seconded the motion. MOTION CARRIED. (7: 05 p.m. )
LEONORA N. SOHL, CITY CLERK
717