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1992/11/17Cit Hall Anaheim California - COUNCIL MINUTES - NOVEMBER 17 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 ASSISTANT CITY CLERK: Ann M. Sauvageau PLANNING ~IRECTOR: Joel Fick A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 4:00 p.m. on November 13, 1992 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the workshop portion of the meeting of November 17, 1992 to order at 3:05 p.m. City Manager James Ruth. He introduced the workshop portion to be given by the Planning Director, Joel Fick, a brief overview of the Planning process for the commercial-recreation area. 179: OVERVIEW OF THE PLANNING PROCESS FOR THE COMMERCIAL RECREATION AREA: Joel Fick, Planning Director. He is present to give a background update to one of the major milestones accomplished last week, the release of the Draft Environmental Impact Report for the Disneyland Resort Project. (See Draft EIR for the Disneyland Resort EIR No. 311 dated November 12, 1992.) He then gave an overview of the efforts that had occurred since May of 1991 when the Walt Disney Company unveiled their plans for the Disneyland resort to the present time noting the uniqueness of the project due to its size and scale. He reported on the consultants who have worked on the project and the preparation of the EIR and the specific plan as well as the many meetings that have taken place including the scoping meetings and the public input received. This is the biggest EIR and project undertaken by the City. The EIR itself has 500 pages and includes 10 separate technical studies. The document is in five volumes - Vol. I - Draft Environmental Impact Report - Vol. 2 - Draft Specific Plan and Vols. III, IV and V, Technical Appendix. The Draft EIR is presently in its public review period. The public is encouraged to provide pertinent comments or issues. Subsequently a Response to Comments document will be prepared and the EIR will ultimately be considered by the Planning Commission and the City Council. The Disn@yland Res0r~ ~ge¢i~i~ Plan along with the City's Commercial-Recreation (C-R) Specific Plan presently under preparation will provide the framework that will transform the C-R area into the world class destination they want it to become. Copies of both the Disneyland Resort EIR and Specific Plan are available for review in the Planning Department and in the City's libraries. Copies will also be made available for purchase as well as being able to purchase only portions of the document. The entire document cost is $50 or $10 for each volume. Thus far, 60 copies have been requested. The Disney Specific Plan encompasses a significant portion of the overall study effort. Acreage wise, over one-half the acreage within the CR area will be governed by the Disneyland Resort Specific Plan. As a result, the studies for the balance of the C-R area have been strategically planned to follow the EIR and Specific Plan for the Disney project. In terms of future events, it is anticipated the City's Commercial-Recreation Area Specific Plan for the balance of the area and the EIR will be completed in the next several months 743 City Hallr A-aheimr California - COUNCIL MINUTES - NOVEMBER 17r 1992 - 5:00 P.M, and also anticipate a major release of those documents at that time as soon as they are completed. The ultimate goal is that all of these will be considered together by the Planning Commission and City Council so they will be able to have a comprehensive look at the entire process. Before concluding, Council Members posed several questions which were answered by Mr. Fick. R_RQUEST 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 v. City of Anaheim, Orange County Superior Court Case No. 69-70-09. Vasquez v. City of Anaheim, Orange County Superior Court Case No. 65-30-76. Scarbrough v. City of Anaheim, Orange County Superior Court Case No. X61-47-12; City of Anaheim v. Scarbrough et al., Case No. 65-51-22 Adams International Metals v. City of Anaheim, Orange County Superior Court Case No. (unserved). Anaheim Redevelopment Agency vs. Church Engineering, Inc., Orange County Superior Court Case No. 69-91-70. 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). 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. f. To meet with and give directions to the Anaheim Redevelopment Agency's real property negotiator concerning the possible acquisition of certain real property located at: 1) 1100 N. Tustin Avenue, owned by Eugene A. Leyton; and 744 Cit Hall Anaheim California - COUNCIL MINUTES - NOVEMBER 17 1992 - 5:00 P.M. 2) 4457 E. La Palma Avenue, owned by Athanasios and Effie Foskaris. 1 Council Member Hunter moved to recess into Closed Session, Council Member Pickler seconded the motion. MOTION CARRIED. (3:12 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. .. (5:05 p.m.). 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 ASSISTANT CITY CLERK: Ann M. Sauvageau DIRECTOR OF PUBLIC WORKS/CITY ENGINEER: Gary Johnson PLANNING DIRECTOR: Joel Fick ZONING ADMINISTRATOR: Annika Santalahti INVOCATION:. Captain Antonio Horta, Salvation Army, gave the invocation. FLAG SALUTE: Council Member Irv Pickler led the assembly in the Pledge of Allegiance to the Flag. 127: R~SULTS OF THE GENERAL MUNICIPAL ELECTION HELD NOVEMBER 3, 1992~. Reciting the fact of the General Municipal Election held on November 3, 1992 declaring the result and such other matters as provided by law. WAIVER OF READING - RESOLUTION~ The title of the following resolution was read by the City Clerk. (Resolution No. 92R-229) Council Member Pickler moved to waive the reading in full of the resolution. Council Member Hunter seconded the motion. MOTION CARRIED. Council Member Pickler offered Resolution No. 92R-229 for adoption. Refer to Resolution Book. RESOLUTION NO. 92R-229:. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANA/~EIM, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 3, 1992, DECLARING THE RESULT ~/~D SUCH OTHER MATTERS AS PROVIDED BY LAW. Roll Call Vote on Resolution No. 92R-229 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-229 duly passed and adopted. Spread in full on these minutes is the Certificate of Canvass from the Registrar of Voters: 745 CERTIFICATE OF REGISTRAR OF VOTERS TO RESULT OF THE CANVASS OF THE GENERAL ELECTION RETURNS 57HT'E OF CALIFORNIA) COUNTY OF ORANGE ) I, Donald Tanney, Registrar of Voters or Orange County, do hereby certify the following t.o be a full, true and correct Statement or the Vote of the election listed below, consolidated with the General Election held on November 3, 1992. CITY OF ANAIIEIM GENERAL MUNICIPAL ELECTION MAYOR TOM DALY 43,711 FRED IIUNTER 33,947 MEMBER OF TIlE CITY COUNCIL TOM DALY 34,235 FRANK FELDIIAUS 20,469 BOB ZEMEL 15,540 WILLIAM D. EtlRLE ]5,340 KEIlll OLESEN ]2,669 MANUEL T. ONTIVEROS 9,093 FRANK E. TURNER 7,738 EDWARD S. SKINNER 6,828 HIll KNYPSIRA 6,]74 BILL FITZGERALD 5,894 IODD E. KAUDY 3,389 FARES BATARSEII 1,783 MEASURE A MEASURE E YES NO YES NO YES NO YES NO MEASURE B MEASURE C MEASURE D 62,665 15,067 32,474 39,946 36,284 35,638 37,485 32,122 PRECINCTI BALLOTS CAST' ABSENTEE BALLOTS CAST' TOTAL BALLOTS CAST' YES NO YES NO YES NO YES NO MEASURE F MEASURE G HEASURE )1 70,660 13,709 84,369 47,761 20,06g 50,386 17,092 34,270 32,288 57,50] ]3,650 I hereby certify that the number of votes cast is as set forth above and appears in the Certified Statement of the Vote. WITNESS my hand and OFficial Seal Chis llth day of November, 1992. "r;'"- ..~ .r__x". ....... . · l~- % .~.,.G'-~ --' _L"-._" -;',, % DONALD IANNEY REGISTRAR OF VOTERS . Orange County City Hall, ~_~aheim, California - COUNCIL MINUTES - NOVE~ER 17, 1992 - 5:00 P.M: 114: SWEAR-IN OF MAYOR AND NEW COUNCIL MEMBER.' The Oath of Office was then administered to newly-elected Mayor, Tom Daly who also was re-elected to his Council seat (term of Mayor, two years to 1994 - term of Council Member, four years to 1996) and to newly-elected Council Member, Frank Feldhaus (four year Council Member term to 1996). The Council was thus reorganized - Council Member Feldhaus, Council Member Hunter, Council Member' Pickler, Council Member Simpson and Mayor Daly. RECESS: The City Council then recessed for a brief reception after the Swearing in of Mayor Daly and Council Member Feldhaus. (5:11 p.m.) AFTER RECESSI Mayor Daly called the meeting to order, all Council Members being present. (5:37 p.m.) Mayor Tom Daly. He first introduced former Mayors of Anaheim and former City Council Members who were present in the Chamber audience for the swear-in ceremonies Jack Dutton, Cal Pebley, Ralph Clark and Supervisor Don Roth. Ben Bay had also been present earlier in the meeting. Council Members: Miriam Kaywood. Lew Overholt and Dr. William Kott were present earlier in the meeting. Council Member Frank Feldhaus. He first introduced members of his family who were present in the Chamber audience including his wife Sally. He expressed gratitude to his family and supporters and then gave the background of his history and experiences in the City of Anaheim where he has lived since 1958. He elaborated on the reasons why he felt he was elected to the Council and that he will be committed to the objectives he sees as priorities - returning the control of City government to the taxpayers, reducing the cost of government, repealing the Utility tax, empowering the Police Department for hard line law enforcement, promoting and retaining businesses and industry in Anaheim including revisiting the Business License Tax and creating a strong balance between the residential commercial and industrial zones insuring a better quality of life for all. He fully intends to lobby every member of the Council to vote with him to achieve those goals and to ask every employee from top management down to cooperate toward the objectives of those goals. Mayor Tom Daly. He first stated how proud he is to be a member of the City Council and now Mayor of his home town. He gave the background of his boyhood in Anaheim and the momentous things that had occurred that had changed Anaheim to a world destination City with the opening of Disneyland, the Convention Center and Anaheim Stadium. He then introduced members of his family who were present as well as friends and supporters. He thanked them for their hard work and loyalty and most especially thanked his wife Debra. Mayor Daly then made a simple request, that they begin the long and difficult process of reconciliation and urged that they work in a united effort to bring to reality projects such as the Disneyland Resort, the Santa Ana Freeway widening, etc., but that ultimately there be a shared vision that Anaheim will be the best place to live, work and raise a family. He then outlined his extensive plan to bring that vision to fruition. He stated he also has other hopes and dreams which he will be sharing in future weeks. He has a vision for Anaheim as a City that works well, a City that respects its employees and its citizens, a City that is safe and secure and a City with restored pride in its neighborhoods. 746 City Hall, A_naheim~ California - COUNCIL MINUTES - NOVEMBER 17~ 1992 - 5:00 P.M. In concluding, he again thanked his friends, his family and all others for giving him the opportunity to lead the City as well as their faith and confidence. He will be calling upon everyone for their guidance every step of the way as they proceed toward 1993. 119.- PROCLAMATIONS..' The following proclamations were issued by Mayor-Daly and authorized by the City Council: American Education Week, November 16 - 20, 1992 World AIDS Day, December 1, 1992 Flu Prevention Week in Anaheim November 22 - 28, 1992 The Great American Smokeout, November 19, 1992 Dr. Mary Ellen Blanton accepted the American Education Week proclamation, Mary Wright accepted the Flu Prevention Week proclamation and Dick Harmon accepted the Great American Smokeout proclamation. 119: DECLARATION OF RECOGNITION AND CONGRATULATION:. A Declaration of Recognition and congratulation was unanimously adopted by the City Council and presented to Francis L. Young on his retirement from the City's Maintenance Department following 35 years of service. Mayor Daly and Council Members congratulated Mr. Young and commended him for his long and dedicated service to the City and citizens of Anaheim. They wished him well in his retirement. 119: DECLARATION OF RECOGNITION..-.. A Declaration of Recognition was unanimously adopted by the City Council to be presented to Richard Lutz recognizing him and commending him for his service to the youth of Anaheim and wishing him well on his retirement from the Anaheim Union High School District Board of Trustees after 5 years of service. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council to be presented to Mr. James Edwards, Sr., for his 63 years of service and dedication to the film industry and welcoming the Edwards Family to Anaheim upon the opening of the Edwards Cinema Anaheim Hills Festival 8 on November 19, 1992. FINANCIAL DEMANDS AGAINST THE CITy in the amount of $2,049,222.30 for the period ending November 6, 1992 and $5,519,525.98 for the period ending November 13, 1992, in accordance with the 1992-93 Budget, were approved. Mayor Daly recessed the City Council meeting until after th~ R~d~v~l~pm~nt Agency and Housing Authority meetings. (6:09 p.m. ) Mayor Daly reconvened the City Council meeting. (6:12 p.m. ) PUBLIC COMMENTS - AGENDA ITEMS.'... There were no public comments on City Council Agenda items. ITEMS OF PUBLIC INTEREST: Debbie Cohen, 2442 Powhitin Street, Anaheim. She explained her circumstances as a victim of spousal abuse and her failure through the authorities to have an arrest made and the perpetrator prosecuted. She pleaded for assistance. 747 City Hall, Anaheim, California - COUNCIL MINUTES - NOVE~ER 17t 1992 - 5:00 P.M. City Attorney Jack White gave his assurance that he would investigate the matter and get back to Mrs. Cohen on the issue. Susan Kocsis. She urged the Council to give immediate attention to the problems of gangs, drugs and crime as a first priority as well as the issue of variances which have caused problems in the City, an example being the apartments built across from her single-family home. Her neighborhood is also still plagued by trash and blaring horns from street vendors. .. 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-230 through 92R-239, both inclusive, for adoption; and offered Ordinance No. 5341 and 5342 for introduction. Refer to Resolution Book. WAIVER OF R_RADING - RESOLUTIONS_.' The titles of the following resolutions were read by the City Manager. (Resolution Nos. 92R-230 through 92R-239, both inclusive, for adoption. ) Council Member Pickler moved to waive the reading in full of the resolutions. 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 Donald Wohlt for property damage sustained purportedly due to actions of the City on or about August 20, 1992. b. Claim submitted by Susan Zavala for property damage sustained purportedly due to actions of the City on or about June 16, 1992. c. Claim submitted by Len and Sandra Swavely for property damage sustained purportedly due to actions of the City on or about April 8, 1992 through September 18, 1992. d. Claim submitted by Ralph Williamson, c/o Robert B. Reeves, for bodily injury and property damage sustained purportedly due to actions of the City on or about May 6, 1992. e. Claim submitted by Theola Timms, c/o Daniel Ramirez, for bodily injury sustained purportedly due to actions of the City on or about April 24, 1992. Application for leave to present late claim denied: a. Claim submitted by Gloria Bernard for bodily injury sustained purportedly due to actions of the City on or about November 22, 1991. A2. 105: Receiving and filing minutes of the Anaheim Public Library Board meeting held 9/23/92. 140: Receiving and filing the Anaheim Public Library Monthly Statistical Reports for the months of May and June, 1992. 748 City Hall r Anaheimr C-_lifornia - COUNCIL MINUTES - NOVE_MBER 17r 1992 - 5:00 P.M. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held 10/14/92. 105: Receiving and filing minutes of the Anaheim Park and Recreation Commission meeting held 9/23/92. 105: Receiving and filing minutes of the Mother Colony House Advisory Board meeting held September 14, 1992. .. A3. 149: ORDINANCE NO. 5341 - INTRODUCTION'... AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 14.32.157 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING TC PARKING RESTRICTIONS ON A PORTION OF WALNUT STREET (EAST SIDE, FROM AUDRE DRIVE TO CERRITOS AVENUE). A4. 167: Awarding the contract to the lowest and best responsible bidder, Steiny and Company, Inc., in the amount of $361,593 for Traffic Signal System Detection and Closed Circuit Television; 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 iow bidders. A5. 107: Awarding the contract to the lowest and best responsible bidder, Charlie Ray Gann, in the amount of $31,245 for Douglass Road Frontage Building Demolition/Asbestos Removal; and in the event said low 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. A6. 167: Approving a Notice of Completion of the Construction of Illuminated Street Name Sign Upgrade by Intersection Maintenance Services, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A7. 123: Authorizing the Mayor and City Clerk to execute the State/Local Transportation Partnership Program Agreement No. SLTPP-5055, Program Supplement No. 012, on behalf of the City of Anaheim (for Neighborhood Preservation Area IV). A8. 123: Approving a Third Extension Agreement with Orange County Striping Service, Inc., to extend the term of agreement for one additional year for striping maintenance services, at a cost of $145,000 for FY 1992/93. Ag. 170: Approving the Final Map of Tract No. 12699, and the Subdivision Agreement with Anaheim Summit, a California Limited Partnership, and authorizing the Mayor and City Clerk to execute said Agreement. Tract No. 12699 is located at The Highlands, and is filed in conjunction with Specific Plan 87-1. Al0. 175: Rejecting all bids submitted for the Routine Water Service Replacements project. All. 123: Approving an Agreement with South Coast Air Quality Management District (SCAQMD), in an amount not to exceed $19,800 effective through July 5, 1993, for the development, implementation, and operation of a fixed- route express transit service from the Anaheim Amtrak/Commuter Rail Station via Disneyland to the Anaheim Civic Center; and authorizing the Mayor and City Clerk to execute said. Agreement. 749 Cit Hall Anaheim California - COUNCIL MINUTES - NOVEMBER 17 1992 - 5:00 P.M. 123: Approving an Agreement with Orange County Transportation Authority (OCTA), in an amount not to exceed $15,300 effective through July 5, 1993, for the operation of a fixed-route express transit service from the Anaheim Amtrak/Commuter Rail Station via Disneyland to the Anaheim Civic Center; and authorizing the Mayor and City Clerk to execute said Agreement. 106: Amending the FY 1992/93 Budget by increasing Revenues and Expenditures in program 346 by $19,800. .. A12. 123: Approving an Agreement with Holmes & Narver, in the amount of $356,249 for architectural services required to design the Anaheim Police Department Satellite Substation Facility; and amending the FY 1992-93 Budget by increasing expenditure appropriation in Program 995 by $52,509. Al3. 123: Approving. Cooperative Agreement No. C-92-433 with Orange County Transportation Authority for consultant services to coordinate the I-5 Freeway Widening Project (I-5 Freeway widening project from the SR-91 to SR-22); and authorizing the Mayor and City Clerk to execute said Cooperative Agreement. A14. 160: Accepting the iow bid of John A. Tornavacca, Inc., dba Alan Landscape Company, in an amount not to exceed $81,823 for reconstruction of #11 green and cart path at Anaheim Hills Golf Course, in accordance with Bid #5098° A15. 160.' Accepting the bid of Reynolds Buick/GMC Trucks, in the amount of $46,400 for two Fire Department Suburban Vehicles, in accordance with Bid #5086. A16. 160: Accepting the bid of Deco Utility Supply Corporation, in the amount of $185,460.70 for seven PMH-9, and six PMH-11 motor-operated padmount sectionalizing switches with holders, in accordance with Bid #5080. A17. 160: Accepting the bid of Square D Company, in the amount of $40,538 for two 15.5 KV, 3000 amp outdoor vacuum circuit breakers, in accordance with Bid #5083. Al8. 160: Accepting the low bid of McMahan Desk, Inc., in the amount of $180,354.10 for office furniture for various departments in City Hall West, in accordance with Bid #5101. Al9. 123: Approving a First Amendment to Agreement with National Economic Research Associates, Inc., in the amount of $20,000 for a marginal cost study of electric operations; extending the date for completion of the study; and authorizing the Public Utilities General Manager to execute said First Amendment to Agreement and any related documents as recommended by the Public Utilities Board at their meeting of November 5, 1992. A20. 123: Waiving Council Policy 401, and Approving an Attorney Services Agreement with Rourke and Woodruff for increased fees in connection with legal services for the Public Utilities Department. A21. 153: RESOLUTION NO. 92R-230:... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM AND THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION, GENERAL UNIT. (Amending Article 17, job classification of Signal System Engineer. ) A22. 153: RESOLUTION NO. 92R-231.'_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE INTERNATIONAL 750 City Hall, ~,_aheim, California - COUNCIL MINUTES - NOVE_MBER 17, 1992 - 5:00 P.M. BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 47, AND THE CITY OF ANAHEIM. (To provide mitigation of the effects of reassigning certain work from the Maintenance Department to the Convention Center. ) A23. 153: RESOLUTION NO. 92R-232: 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. (Adding the position of Demand Side Project Engineer.) -. RESOLUTION NO. 92R-233: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 92R-21 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESIG::ATED AS MIDDLE MANAGEMENT. (Adding the position of Booking and Event Manager.) ~_RSOLUTION NO. 92R-234: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 91R-49 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSES ASSIGNED TO THE GENERAL UNIT REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION. (Utilities Network Systems Technician, effective October 23, 1992. ) RESOLUTION NO. 92R-235:. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 91R-125 WHICH ESTABLISHED RATES OF COMPENSATION FOR UNREPRESENTED PART-TIME CLASSIFICATIONS. (Event Security Guard, effective November 20, 1992. ) A24. 113: RESOLUTION NO. 92R-236: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN TWO YEARS OLD. (Data Processing Department, Utility Customer Information System backup tapes. ) A25. 123: Approving a Second Amendment to Agreement with Hastings Lundstrom Architects, in the amount of $2,740 for architectural services associated with the Anaheim Stadium Office and Support Facilities Annex (Gate 6). A26. 140: Accepting the receipt of grant funds, in the amount of $23,430 for the Major Urban Resource Library (MURL) grant which will be administered through the Central Library. 106: Amending the FY 1992/93 budget by increasing revenues and expenditure appropriations in Fund 17, Program 173, by $23,430. A27. 161: RESOLUTION NO. 92R-237.'. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DESIGNATING A SURVEY AREA FOR REDEVELOPMENT STUDY PURPOSES. (Anaheim Commercial/Industrial Redevelopment Survey Area. ) A28. 161: RESOLUTION NO. 92R-238: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DESI~NATIN~ A ~URV~? AR~A ~0R R~D~V~LOD~NT ~TUDY PURD0~. (Brookhurst Commercial Corridor. ) A29. 158: RESOLUTION NO. 92R-239: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING IRREVOCABLE OFFERS OF DEDICATION OF CERTAIN PROPERTY AND/OR FACILITIES . A30. 123: Approving an Agreement with Coopers & Lybrand, in the amount of $39,000 to perform a financial audit of the Operations Agreements between the Los Angeles Rams Football Company, and the City for the years 1988, 1989, and 1990. 751 City Hall t ~_.aheimt California - COUNCIL MINUTES - NOVEMBER 17, 1992 -. 5:00 P.M. A31. 163: Authorizing the donation of surplus office furniture to the Anaheim City School District. A32. 149: ORDINANCE NO. 5342 - INTRODUCTION: 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. (Prohibits parking on La Palma Avenue from Carbon Creek Channel to Miller Street.) A33. 114: Approving 'minutes of the meetings held September 22, September 29, October 20 and October 27, 1992. Roll Call Vote on Resolution Nos. 92R-230 throuqh 92R-239~ both inclusive, for adoption~ AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson and Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 92R-230 through 92R-239, both inclusive, duly passed and adopted. END OF CONSENT CALENDS. MOTIONS CARRIED. 105: BOARDS AND COMMISSIONS: Due to the Reorganization of the Council this date, Board and Commission appointment continued to November 17, 1992 (Thill Vacancy- Housing Commission) will be scheduled on the Council Agenda for December 1, 1992. A34. 150: PUBLIC HEARING - ASSESSMENT OF PENALTY - MODTECH, INC.:.. To consider assessing a penalty in the amount of $2,930 to Modtech, Inc., for violation of provisions set forth in the "Subletting and Subcontracting Fair Practices Act" of the Public Contract Code. Modtech, Inc., is the prime contractor for the construction of the Ben Franklin Child Care Facility. This matter was continued from the meeting of November 3, 1992 to this date. Submitted was report dated October 26, 1992 from the Director of Public Works and City Engineer, Gary Johnson recommending that the penalty be assessed in the amount of $2,930 for violation of provisions set forth in the "Subletting and Subcontracting Fair Practices Act" of the Public Contract Code, and if after conclusion of the hearing a violation is determined, authorize the Public Works - Engineering staff to access a penalty in the amount of $2,930. Also see previous staff report dated October 26, 1992 submitted for the council meeting of November 3, 1992. Mayor Daly asked if anyone was present who wished to speak. Mr. Bill Sunenberg representing Modtech explained that Mortell Construction was a subcontractor they listed in the subject bid. As a result of poor performance and lack of cooperation on prior projects, Modtech felt it would be in their best interest to substitute Morrell with another subcontractor. They had a verbal discussion with Morrell on several occasions and Morrell agreed to give them a written release. After repeated requests, no written release was received. In August, Morrell changed their mind and said they would not sign a release unless Modtech released some money that was due Morrell on other projects totally separate from this issue. Modtech notified the architect and the City that they wanted to substitute the subcontractor but they did not have a signed release from Morrell. They (Modtech) proceeded 752 Cit Hall Anaheim California - COUNCIL MINUTES - NOVEMBER 17 1992 - 5:00 P.M. in good faith believing they would be helping everybody involved. They never issued a subcontract to Morrell. Further, the dollar amount that they have differs from the amount the City has indicated. Gary Johnson, Director of Public Works/City Engineer. They believe, best intentions aside, there .is a clear violation of the Public Contract Code Section 4107. Modtech did not secure a release and request a substitution. Therefore, they are in violation and the Council has the option to assess a penalty of up to 10% Of the value of the subcontracted work. Further, the written information received indicates the anticipated amount of the subcontract work was $29,301. On the basis of the documents submitted (see Exhibits B, C and D attached to staff report dated October 26, 1992), the City Council would have the option of assessing the penalty of up to 10% of that amount. Bill Sunenberg. He disagreed with the amount of $29,301. Mortell' s construction quote Item A, concrete foundations and the access vents were in fact deleted from the scope of the work and that was in no way part of the final project. If they would have issued Mortell a subcontract, it would have been for the other items and that amount would be $21,703. City Attorney White then explained the details and purpose of the law governing public contracts, that being to avoid bid shopping - listing one contractor and after the contract is awarded going out to a variety of other contractors and asking how much they are willing to do the work for in getting a lower price. The information provided to the City was that Mortell would do earth work and concrete. The City then received from Mortell their proposal they would do $29,301 worth of work. The Council has heard the testimony of the representative of the prime contractor that the amount of work on those two subcontracts only totalled $21,703. Taking that information at its face value, that would still authorize the Council to impose a penalty of up to 10% or $2,170 because the prime contractor failed to award the subcontracts to the listed subcontractor. It is totally discretionary. The Council can impose up to 10% or they need not impose 10% or any amount. Any penalty amount will go toward the cost of the project. Questions were then posed by Council Members which were answered by both Mr. Johnson and the City Attorney. Mr. Johnson explained that the public contracts code does not make the distinction whether the subcontractor that was not used was superior or inferior to the one used. The issue is bid shopping and bid peddling. That is why the legislature enacted the code. The City Attorney confirmed that the purpose of the code is to discourage prime contractors from changing subcontractors after the contract is awarded. Bill Sunenberg. They did notify the City of Anaheim that they wished to substitute the subcontractor in letter dated August 12, 1992 addressed to Richard Myer, Park Planne~. Th~ only thin~ they did not do was get ~he on the agenda to have the substitution approved before they had the work done. They did not want the work to be held up and were not trying to shop the bid or anything of that nature; City Attorney White stated that he believes the letter was received after the substitution was made and after the work was done. Gary Johnson. It is their belief it was done substantially after the substitution was made. To him the issue is clear - whether or not there was a violation. Modtech's reasons for doing what they did might be valid for their company but it does not affect the violation. 753 Cit Hall Anaheim California - COUNCIL MINUTES - NOVEMBER 17 1992 - 5:00 P.M. Mayor Daly closed the public hearing. Council Member Pickler. He favors the assessment of the penalty. The Council has not had many such cases before them. He feels it is because of the rules that have been established with regard to public contracts. He is concerned about the aspect of a contractor bid shopping and a strong stand must be made to avoid any such occurrence thus breaking down the credibility of the bid process. Council Member Feldhaus. He is basically interested in the bottom line. If the City got what they bid and subsequently paid for he cannot see assessing a penalty. City Attorney White stated the purpose of the law is to discourage prime contractors from changing subcontractors after award of contract. It is not meant to relate to whether the job is done in a satisfactory or timely manner. Before further action was taken, City Attorney White stated, giving the prime contractor the benefit of the doubt regarding the actual value of the subcontract work being less than reported by Mortell, the total amount would have been $22,416. Ten percent (10%) of that would be $2,241 and he would recommend that be th~ number to use as a maximum. MOTION: Council Member Pickler moved that the penalty be assessed on the amount of $22,416 or $2,241 to be paid by Modtech to the City. Council Member Daly seconded the motion. Council Member Feldhaus voted no. MOTION CARRIED. ITEMS B1 - B2 FROM THE ZONING ~DMINISTRATOR _~f~_ETING OF OCTOBER 29, 1992: DECISION DATE= NOVEMB__ER 3, 1992 INFORMATION ONLY - APPEAL PERIOD EhDS NOVEMBER 18, 1992.7. B1. 179: CONDITIONAL USE PERMIT NO. 3558, CATEGORICALLY EXEMPT, CLASS 11: OWNER: MERVYN'S, 25001 Industrial Blvd., Hayward, CA 92545. AGENT: FIELDS HARTWICK ARCHITECTS, P.O. Box 556, Sonoita, AZ 85637 LOCATION: 8100 East Santa Aha Canyon Road (Mervyn's in the Anaheim Hills Festival Center). To permit a ground-mounted satellite dish. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3558 APPROVED (ZA92-54). B2. 179: CONDITIONAL USE PERMIT NO. 3561, CATEGORICALLY EXEMPT, CLASS 11: OWNER: TARIQ AND ABDUL KHAN, 7575 East silver Dollar Lane, Anaheim, CA 92808 LOCATION: 7675 East Silver Dollar Lane. Property is located east of Derby Circle. To permit a ground-mounted satellite dish. ACTION T~K~N BY T~ ~0NINC AD~INI~TRATOR! CUP NO. 3561 APPROVED (ZA92-53). END OF THE ZONING ADMINISTRATOR ITEMS. B3. 179: ORDINANCE NO. 5340 - PROPOSED AM_~NDM_~NT TO CHAPTER 18.06 OF TITLE 18 VEHICLE PARKING AND LOADING REQUIREMENTS FOR MULTI-FAMILY HObSING: Amending Subsections .012 and .013 of Section 18.06.050 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code relating to parking requirements. (Introduced at the meeting of 11/3/92, Item Bi0.) 754 City Hall t ~_naheimt California - COUNCIL MINUTES - NOVEN~ ER 17, 1992 - 5:00 P.M. WAIVER OF B~.ADING - ORDINANCE.:. The title of the following ordinance was read by the City Clerk. (Ordinance No. 5340) Council Member Simpson moved to waive the reading in full of the ordinance. Council Member Pickler seconded the motion. MOTION CARRIED. Council Member Pickler offered Ordinance No. 5340 for adoption. Refer to Ordinance Book. .. ORDINANCE NO. 5340~. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTIONS .012 AND .013 OF SECTION 18.06.050 OF CHAPTER 18.06 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TC PARKING REQUIREMENTS. Roll Call Vote on Ordinance No. 5340 for adoption..' AYES: NOES: ABSENT COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson and Daly COUNCIL MEMBERS .' None COUNCIL MEMBERS: None The Mayor declared Ordinance No. 5340 duly passed and adopted. B4. 170: TENTATIVE TRACT MAP NO. 14334 - REQUEST FOR TIME EXTENSION~ REQUESTED BY: ANACAL ENGINEERING, C.J. QUEYREL, 1900 East La Palma Avenue, Suite 202, Post Office Box 3668, Anaheim, CA 92803-3668 LOCATIONs 371 Timken Road. Property is approximately 2.6 acres located between the terminus of Timken Road and Corto Road (private streets), east of Mohler Drive. The petitioner requests an extension of time to expire on November 13, 1993 to comply with conditions of approval. Tentative Tract Map No. 14334 is to establish a 5-lot RS-HS-22,000(SC) zoned subdivision without any waivers. This matter was continued from the meetings of October 27 and November 3, 1992 to this date. Submitted was report dated October 19, 1992 from the Zoning Administrator recommending that the requested time extension be approved to expire November 13, 1993 subject to an additional condition as listed in the report. Joel Fick, Planning Director. Parks, Recreation and Community Services recommended in conformance with the recently adopted new dedication and improvement ordinance which addresses trails, that in order for this tract map to be consistent, that the recommended condition be added. The ordinance came into effect since the original approval of the map. He confirmed that Mr. Queyrel is aware of the additional condition and staff would not be recommending approval without that condition being included. City Attorney White. The letter received from Mr. Queyrel on October 26, 1992 stated that he wanted the matter continued until tonight's meeting so he could study the new condition. Since Mr. Queyrel is not present, he surmises ~ha~ he (Queyrel) had studied the matter and found it acceptable. Dick Mayer, Park Planner. He had a discussion with Mr. Painter who is the property applicant. Mr. Queyrel represents him. He had sent Mr. Painter the City's trail standards so he would be aware of the situation relative to what his requirements for trail development would be. He has not heard back from him since he received that and it was several weeks ago. Mayor Daly. He would suggest that Council express that their support of the item includes the condition recommended by staff. 755 City Hall m ~_~sheim, California - COUNCIL MINUTES - NOVEMBER 17, 1992 - 5.'00 P.M. MOTION.- Council Member Feldhaus moved to approve the requested extension of time on Tentative Tract Map No. 14334 to expire November 13, 1993 subject to complying with the additional condition of approval as recommended in staff report dated October 19, 1992: That a riding and hiking trail shall be shown on the final map of Tract No. 14334 and that said trail shall be improved, in accordance with Section 18.04.080 of the Anahe£m Municipal Code, City of Anaheim Standard Detail No. 603 "Riding and Hiking Trail Design Standards," and as required by the Parks, Recreation and Community Services Department. Council Member Pickler seconded the motion. MOTION CARRIED. ITEMS B5 - B8 FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 2m 1992 INFORMATION ONLY - APPEAL PERIOD ENDS NOVEMBER 24~ 1992,.' B5. 179: VARIANCE NO. 4204, TENTATIVE TRACT MAP NO. 14733 AND NEGATIVE DECLARATION~ OWNER: FREDIE CULVER JR. AND PATRICIA A. CULVER, 799 S. Lone Star, Anaheim, CA 92807 LOCATION: 2625 West Lincoln Avenue. Property is approximately 1.04 acre located on the north side of Lincoln Avenue and approximately 270 feet west of the centerline of Magnolia Avenue. To establish a 1-lot, 15-unit, RM-3000 condominium subdivision. Waiver of minimum dimensions of parking spaces to construct a 2-story, 15-unit condominium complex. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4204 WITHDRAWN. Tentative Tract Map No. 14733 APPROVED (6 yes votes, I vacancy). Approved Negative Declaration. B6. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3562 AND NEGATIVE DECLARATION: OWNER: WOODBRIDGE VILLAGE, LTD., Attn: V.W. Tom Bode, P.O. BOX 348, ANAHEIM, CA 92805 LOCATION: 20 South Anaheim Boulevard. Property is approximately 1.3 acres located at the southeast corner of Lincoln Avenue and Anaheim Boulevard. To permit a semi-enclosed restaurant with on-premise sale and consumption of alcoholic beverages with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3562 GRANTED (?G92-130) (6 y~s vot~, I vacancy). Approved waiver of code requirement (a parking study shall be conducted 180 days after opening of restaurant to determine if adequate parking is being provided). Approved Negative Declaration. B7. 179: CONDITIONAL USE PERMIT NO. 3559 AND NEGATIVE DECLARATION: OWNER: WILSHIRE-SELBY EAST, LTD., Attn: Aric Browne, 11440 San Vicente Boulevard, Ste. 200, Los Angeles, CA 90049 LOCATION: 222 North Beach Boulevard. Property is approximately 0.56 acre located on the east side of Beach Boulevard and approximately 770 feet north of the centerline of Lincoln Avenue. 756 City Ha11~ ~-aheim, California - COUNCIL MINUTES - NOVE~ER 17, 1992 - 5:00 P.M. To permit an automotive service and tire installation facility. ACTION TA~_EN BY THE PLANNING COMMISSION: CUP NO. 3559 GRANTED (PC92-131) (6 yes votes, and i vacancy). Approved Negative Declaration. B8. 179: CONDITION~t USE PERMIT NO. 3166 AND NEGATIVE DECLARATION PREVIOUSLY APPROVED ~: OWNER: THE VAND'ERBILT GROUP, 27401 Los Altos, Ste. 400, Mission Viejo, CA 92691 AGENT: STEVEN DUNBAR, D.V.M., 8285 Santa Ana Canyon Road, Anaheim, CA 92808 LOCATION: 8285-95 Santa Aha Canyon Road. Property is approximately 1.96 acres located at the northwest corner of Santa Ana Canyon Road and Weir Canyon Road. To permit a 2300-square foot expansion to an existing animal hospital to include a kennel facility. ACTION TA~_EN BY T~_E PLANNING COMMISSION: CUP NO. 3166 APPROVED (PC92-132) (6 yes votes, and i vacancy). Negative Declaration previously approved. END OF THE PLANNING COMMISSION ITEMS. IT~_MS B9 - BI0 FROM THE PLqNNINO COMMISSION MEETING OF NOVEMBER 16, 1992: INFORMATION ONLY - APPEl?. PERIOD ENDS NOVEMBER 26~ 1992: B9. 170: TENTATIVE TRACT MAP NO. 12698 AND NEGATIVE DECLARATION:. OWNER: THE PRESLEY COMPANIES, Attn.- A1 Uman, 19 Corporate Plaza, Newport Beach, CA 92660 LOCATION: TENTATIVE TRACT MAP NO. 12698 DEVELOPMENT AREA 6 OF THE HIGHLANDS AT ANAHEIM HILLS SPECIFIC PLAN (SP87-1). Property is approximately 4.86 acres located north and west of the northwest corner of Sunset Ridge Road and Serrano Avenue. To establish a 4-lot, 52-unit, condominium subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Tentative Tract Map No. 12698 APPROVED (added condition to come back with a site plan) (6 yes votes, i vacancy). Negative Declaration previously approved. REPORT AND RECOMMENDATION ITEM: . B10. 170: TENTATIVE TRACT MAP NOS. 14076~ 14077~ 14078, 14079t 14080, 14081 AND 14082: REQUESTED BY: KELLEY RENEZEDER, BALDWIN COMPANY. LOCATION: Property is a portion of The Summit of Anaheim Hills Specific Plan (SP88-2). Petitioner requests an extension of time for Tentative Tract Map Nos. 14076, 14077, 14078, 14079, 14080, 14081, and 14082. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended Approving extension of time on Tentative Tract Map Nos. 14076, 14077, 14078, 14079, 14080, 14081, and 14082 (6 yes votes, 1 vacancy). 757 Cit Hall Anaheim California - COUNCIL MINUTES - NOVEMBER 17 1992 - 5:00 P.M. D1. 179: CONTINUED 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/REQUEST: The property is located at 633 South East Street and is approximately 1.8 acres located on the west side of East Street and approximately 176 feet north of the centerline of South Street. The request is to permit an automotive towing and storage yard. ACTION TAFRN BY'TM_~ PLANNING COMMISSION.' Conditional Use Permit No. 3533 was denied (PC92-101) (3 yes votes, i abstained, I absent, and I vacancy). Denied Negative Declaration. HEARING SET ON_.- A letter was submitted by the agent, Glen Gorman, Tri Star Towing appealing the decision of the Planning Commission and public hearing set on October 20, 1992. The public hearing was then continued to this date at the request of the applicant. PUBLIC NOTICE RROUIREMENTS MET BY: Publication in Anaheim Bulletin - November 5, 1992 Mailing to property owners within 300 feet - November 5, 1992 Posting of property- November 6, 1992 PLANNING STAFF INPUT: See staff report to the Planning Commission dated August 24, 1992. Mayor Daly first asked to hear from staff to give a brief summary of the item. · Joel Fick, Planning Director. The proposal is to establish an automotive towing service and storage facility on the west side of East Street. The property is currently developed with two (2) one-story concrete block industrial buildings. The proposed use would occupy a portion of one of those buildings. The Planning Commission did hold a hearing and significant input was received in opposition. Subsequently, the Planning Commission denied the requested CUP. The primary reasons were concerns with the proximity of residential land uses across East Street, noise and hours of operation. Mayor Daly then asked to hear from the applicant or applicant's agent. APPLI CANT STATEMENT Glenn Gorman, President, Tri Star Towing. When he started the CUP p~oe~, he met with Plannin~ who had guidelines, suggestions and regulations which he agreed to. When the item went before the Planning Commission, he was surprised over the amount of opposition from the residents. He understands their concerns. He has two tow yards in operation in Anaheim and another in the City of Orange. His yard in Orange is directly across the street from apartments and a church. He has never had any complaints. His operation is welcome there because someone is on the premises 24 hours a day. At the most, two to three trucks on the weekend may enter th~ yard four times a night. They enter and leave. At his yard in Anaheim, there have been problems in the area but they are not attributed to his type of business. In the last three years he has operated there, two of his drivers have interrupted a rape in progress and interrupted a female from being assaulted. They have added security to the area. He feels he is being denied the opportunity to better his business and to grow and prosper in 758 Cit Hall Anaheim California- COUNCIL MINUTES- NOVEMBER 17 1992 - 5:00 P.M. Anaheim as well as the opportunity to purchase the property in the future. The owner has agreed to the CUP items and has dedicated part of her property for road widening in the future. It is a disservice to the owner as well. He has grown up in Anaheim and seen certain areas deteriorate. His business will not be adding to that deterioration but upgrading the area. He will be the one available if there are problems. He is asking to be able to tow vehicles in, store them and then release them. It is not a dismantling yard. He will not sell vehicles or service trucks. It is merely a tow and storage yard. Mayor Daly opened the pub' ic hearing for public input. PUBLIC DISCUSSION - IN FAVOR s Phillip Figueroa, McGloven Supply Companies, 711 S. East Street. They are on the same property and have been there for 15 years. In that time, they have worked very well with the McCullagh Corporation next door. They welcome a 24-hour facility so close to them for security purposes since they have experienced a couple of break-ins in the recent past. PUBLIC DISCUSSION - IN OPPOSITIONs Ron Banderas, 711 S. Dawn, Anaheim. He has lived in the area since 1978. They have had to deal with and tolerate the expansion of the City yard, the semi trucks at the Anaheim Distribution Center and the Helicopter Service. They are now being asked to tolerate a 24-hour towing service. The applicant or his attorney have never contacted him or any other residents to learn of their concerns - noise, vehicles being towed, broken glass, leaking fluids in the vehicles, etc. They are asking the Council to protect the integrity of their neighborhood and deny the permit to operate. Marcell Chollet-Guiebert, 1218 E. Crestbrook, Anaheim. He is concerned with trash and odors. There is a prevailing west to east wind in the area and with the present recycling center they are already affected by trash and odors. Marilyn Helm, 700 S. East Street. She first referred to a petition she had containing forty-four signatures in opposition. She stated there was also an additional petition that was somehow misplaced out of the City's file that Mr. Banderas had submitted with twelve more signatures. ~he ~1~o pr~nte~ ~or Council review an Exhibit A, B and photographs. She has lived within two blocks of the area since 1955. They understand the necessity of commercial but such uses need to fit into their neighborhood. The proposed use does not. It will deteriorate the integrity and value of their properties. A police impound yard brings with it people who would not usually be in their neighborhood. Safety of the children in their community is also important. She urged denial of the use. Herbert Moore. He lives at 717 S. Dawn, across the street from the proposed impound yard (30 years). He does not want to see the 759 City Hallr A.aheimr California - COUNCIL MINUTES - NOVEMBER 17r 1992 - 5:00 P.M. neighborhood "corrupted" with something like this. He would like to be able to live in reasonable comfort and enjoy his property. No matter what it is called, it will be a junk yard. Further, toxic chemicals will be stored in the cars since gasoline is on the State of California list of hazardous materials. He asked denial of the application. James Chambless, 1219 E. Diana, Anaheim. He frequently walks by the current location where the towing company is located. There are seven vehicles parked there with for-sale signs on them which indicates to him they are running a used car business at the location. Thc current property they are looking at on East Street has the same physical layout. If they are committed to move to that location, the same thing is going to occur. It will also create a terrible traffic hazard. Mabel Plesha, 819 S. Dawn (20 years). She is concerned about property values if the use is allowed in their neighborhood. · Anthony Jay Glass, 1212 E. Crestbrook Place (since 1955). When he was a mail carrier he had an opportunity to view first hand what happened to an area where a towing yard was operating and it looked like a junk yard. If they get the same thing in their neighborhood across the street, he would want to sell his house and leave but under those circumstances nobody would buy it. SUMMATION BY APPLI CANT: Glenn Gorman. He appreciates the concerns of the residents. He does not have anything further to add to his opening remarks. Mayor Daly closed the public hearing. ENVIRONM~_NTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member Hunter, seconded by Council Member Pickler, 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-240) Council Member Hunter moved ~0 waive :he rea~ing in ~ull 0£ ~he res01u~i0n. Council Member Simpson seconded the motion. MOTION CARRIED. Council Member Hunter offered Resolution No. 92R-240 for adoption, denying Conditional Use Permit No. 3533. Refer to Resolution Book. RESOLUTION NO. 92R-240: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ., ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3533. 760 City Hallt ~__n_aheimt California - COUNCIL MINUTES - NO--ER 17t 1992 -. 5:00 P.M. Roll C-_11 Vote on Resolution No. 92R-240 for adoption: AYES .' NOES: ABSENT COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson and Daly COUNCIL MEMBERS: None COUNCIL MEMBERS: None The Mayor declared Resolution No. 92R-240 duly passed and adopted. D2. 179: PUBLIC HEARING - 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/REQUEST: The property is located at 5655 East La Palma Avenue, Suite 140. The request is to permit 75 to 100 amusement devices. ACTION TAFEN BY THE ZONING ADMINISTRATOR.: Amusement Arcade No. 1019 was approved (Decision ZA92-49). HEARING SET ON: A review of the Zoning Administrator's decision was requested by Mayor Hunter and Council Member Simpson and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin- November 5, 1992 Mailing to property owners within 300 feet - November 5, 1992 Posting of property - November 6, 1992 STAFF INPUT: See Zoning Administrator Decision ZA92-49 approving Amusement Arcade No. 1019 APPLI CANT STATEMENT Mike Rhodes, 1082 Carlsbad Street, Orange. He is representing a new concept called Coney Island. He is also President of Frontier Restaurants who own the Russel's and Knollwood Restaurant chains. They operate 12 restaurants with 500 employees and are an annual 14 million dollar operation. The proposed enterprise would be very professionally managed. He then explained the concept - a f_amily-oriented amusement entertainment center which will incorporate many different attractions besides the typical electronic games that an arcade would suggest. They are planning attractions for toddlers up to adults. They want to emphasize more than anything the family orientation of the endeavor. It is going to be designed by a prominent designer in Orange County. One of h£~ par~n~r~ ~h~n ~how~d a r~nd~ring of the pr0p0~ed arcade. Trained and uniformed staff will be on the premises at all times. Strict rules will be posted. The facility is being developed as a prototype. It is not a "one-shot" deal. They feel the business will solve some of the problems that may exist on the site now. It will be a safe environment for kids - young and old. Presently an environment like that does not exist before and after movie screenings. He would rather see people in an area like this than takbng up table space at Knollwood as they do now. This is a commercial and not a residential area. The use seems to fit well with the shopping center. PUBLIC DISCUSSION - IN FAVOR: None 761 City Hall, ~_~aheim, C-_lifornia - COUNCIL MINUTES - NO--ER 17, 1992 - 5:00 P.M:. PUBLIC DISCUSSION - IN OPPOSITION ~ Mark Thompson, 553 S. Peralta Hills Drive, Anaheim. He is a concerned local resident who frequents both Knollwood and Cinemopolis. The northwest corner of the property is pretty much a family operation and that is why they frequent it so much. He is involved in the development, leasing and building of shopping centers himself. In approximately 20 years they have put in two family type arcades. Unfortunately, the arcade business and the element it brings into a shopping center just does not fit with a family oriented type business. There are problems at Camelot further west on La Palma. Another concern is relative to parking which is already a big problem on the subject property. If trouble makers are moved out of the store and into the parking lot, the problems will then move to the parking lot. In his experience, retail shopping and entertainment like theaters and amusement centers have not worked. Council Member Hunter asked staff the term limit of the conditional use permit. Annika Santalahti, Zoning Administrator. As she approved it, she placed no conditions on it. The Council has approved a prior one in another location giving a time limit of one year. Subsequently, the applicant had to reprocess another arcade permit. Joel Fick, Planning Director then confirmed for Council Member Hunter that the Police Department and Code Enforcement does get involved relative to arcade permits if there are issues. Marilyn Hauk, Camino Cotter, Anaheim. Her children frequent the theatre. She does not have a problem with that but on the other · hand she would not allow them to go to Camelot further to the west on La Palma. Her daughter works at the yogurt shop in the subject center but she does not know if she will have her continue to do so if an amusement arcade is allowed. It will be taking an environment that has been a pleasant place to go and turning it into something that no one will want to go to, especially with no place to park. If the residents of the area had been notified that an arcade was being proposed in the shopping center she feels there would be many people present. Sherry Gartley. She manages Cinemopolis at 5635 E. La Palma. They have some strong concerns about the family fun center type concept being pr'opose~. She ~as manage~ many %h~&~~ in ~n~~ where arcades have gone in. What occurs is that the kids take them over. The games are the money makers and those bring in the people from the community that are the problem. There are a lot of gang members that hang out "down the street" and they do not want them to come east to the area of the subject center. The other theaters that were in centers where arcades have gone in have developed a graffiti problem and families just stop going to the theaters. They want to keep the family atmosphere at Cinemopolis. 762 City Hall, ~_,aheimt California - COUNCIL MINUTES - NOVE _~fS_ER 17t 1992 - 5:00 P.M.. Terry Wilson, 21040 Joanne Way, Yorba Linda. He has been to the center with his children since Knollwood relocated on the property and the other shops have been completed. It is very busy. He does not know how they got that many parking spaces allowed for that location. The entrance and exit to the center is horrendous even now. Every arcade he has seen brings .a. certain element with it. It does not seem to him that is the type of environment they are looking for in that area. He lives in Yorba Linda but the center is-close enough to take his children to the theatre, to Knollwood or to buy yogurt. It is crowded enough, parking is terrible and the proposed business does not fit that location. SUMMATION BY APPLICANT: Mike Rhodes. Many good points were made. Parking is a main topic and also one of his primary concerns. One of the reasons why he feels an arcade would fit, it will supplement the other uses. He does not think that people will be using the arcade as a destination. He also expected to hear comparisons to other arcades. They are not going to find any other arcade in Southern California that is like this one. It is breaking new ground. If it is a problem, they will not continue with it but will look out for their greater interest, that being Knollwood which is their most profitable restaurant location of their twelve (12). It will take priority over the arcade. Smoking will not be allowed on the premises. There will be a raised central area staffed with employees that will supervise what is going on. He urged that they look at the application in a different light than other arcades since it is not like any other arcade. Mayor Daly closed the public hearing. Council Member Pickler. When the shopping center was built, he had concerns about traffic circulation. The use will be an arcade no matter what it is called. Traffic and circulation in the area and intersection is horrendous. The inception of Cinemopolis and now the shopping center adds to the chaos. He feels the use will be detrimental to the health and welfare of the citizens and if a mailing had gone to the residents in the hills and Yorba Linda, a great deal of concern would have been expressed. It will be detrimental to circulation and traffic and parking will not be able to handle the influx. It is one of the busiest intersections in the City. · Council Member Hunter. He has the same concerns as expressed by Council Member Pickler. He would think as owners of the shopping center, they are putting a Zendajas in the location - a Mexican sports bar restaurant - the Knollwood remodeling looks great - there are many great things going on out there. He ~eel~ £e woul~ B~ l£k~ ~ro~o~in~ tO the Council an arcade with 100 machines in the newly opened Anaheim Hills Festival Center. Although Mr. Rhodes states they are breaking new ground, his experience as a Policeman and the experience of the Police has been just the opposite. He feels something better can be located in the center. An arcade does not compliment the center. Mayor Daly. He asked what the approach has been on other amusement arcades in the City noting that there have been others where a permit was granted but subject to renewal after a certain period. 763 City Hall, ~_naheim, California - COUNCIL MINUTES - NOVEMBER 17, 1992 - 5:00 P.M. Annika Santalahti, Zoning Administrator. She recalls the permit for the arcade on Beach Boulevard was approved for one year and when the year was up they had to file a new application. She does not recall if it was approved at that time, but there was no opposition when it came to the Council for renewal. She confirmed that if an arcade was operating in Anaheim and problems developed, that the course of action would be a potential revocation hearing. Council Member Pickle[. He lives in the area of the arcade on Beach Boulevard and it is far from Utopia. He has talked to merchants in the area. It creates an element they have to be careful of. MOTION.-.. Council Member Pickler moved to deny the application for Amusement Arcade Permit No. 1019. Council Member Hunter seconded the motion. Before action was taken, a brief Council discussion followed between Council Members Feldhaus and Pickler as well as additional questions to staff. Subsequently, Mr. Rhodes stated that they would volunteer to be subject to a one-year review to show that the problems discussed would not exist. Mayor Daly. He was going to suggest that as a fair way to proceed. Despite concerns voiced, Camelot is an institution in the City and he has not heard any proposals to alter or adjust that operation. He is suggesting as an alternative a one-yea, r permit subject to review and renewal. Council Member Feldhaus. He would have to know the hours of operation of the business because there is a curfew in the City. Mike Rhodes. The hours would not exceed any of the other businesses in the shopping center. Since it is not open, they have not established hours. They would probably be 11:00 a.m. to approximately 9:00 p.m. during the week and 10:00 p.m. Fridays and Saturdays. Knollwood is open until midnight on Fridays and Saturdays. Hours have to be established. City Attorney White. If a denial of the permit is to occur, he recommends that the Council consider incorporating in that motion findings that approval of said permit would be contrary to the public interest, health, safety or general welfare in that the proposed use would create additional traffic, circulation of parking congestion in an area already overburdened with traffic congestion. Council Member Pickler. He amended his motion of denial to incorporate the findings as articulated by the City Attorney. Council Member Hunter was amenable to the amendment. Mayor Daly. ~ is ~p~ak£ng against thH motion and if it fails he will be offering a substitute motion. He is opposed to outright denial. Considering what the owners have done with the center and the high quality operation, he does not think they Can blame traffic on Imperial, the 91 Freeway or neighborhood traffic on this center. He sees nothing but high quality in the center. He feels the City can easily revoke the permit after a year if the Police or the neighborhood experience a problem. He believes the fair thing is to allow the business people who have invested millions into the center to let their idea for a new style arcade take hold to see if it works as a supplement and compliment the Knollwood operation. 764 City Ha11~ ~_naheimr California - COUNCIL MINUTES - NOVE~ER 17~ 1992 - 5:00 P.M,. A vote was taken on the motion to deny and failed to carry by the following vote Noes: Feldhaus, Simpson and Daly - Ayes: Hunter and Pickler. MOTION: Council Member Daly moved to approve the Amusement Arcade Permit ~1019 for one-year subject to renewal and looks to staff to suggest the appropriate language. Council Member Simpson seconded the motion. Before action was taken he (Daly) stated he was not looking for an automatic expiration but an evaIuation by staff after one year. City Attorney White. In reviewing the code sections, they are dealing with Title 4 and not Title 18. Because of the way Title 4 is written right now with regard to arcades, if the Council wishes to approve this for a limited period of time they simply limit the permit to that given period and then allow the applicant to seek an additional permit or a time extension. The reason for that is Title 4 does not contain similar language to Title 18 relating to reviews, referrals to the Planning Commission, etc. He has just been talking with staff and it is staff's intention to shortly bring back to the Council some recommended changes to the title because of that. However, tonight to meet the intent, he suggests that they limit the permit to a given period of time. Council Member Daly. He will incorporate that into his motion. Council Member Pickler. He asked when figuring retail, how can something like this be the same as a retail use. Joel Fick. The parking ordinance has varying standards for a variety of different types, for example restaurants have different standards. In this case, it just occupies the commercial-retail building and there is no different standard than an alternate retail. What they found in the case of amusement locations elsewhere, each one is uniquely different. Some are in existing shopping centers and in malls where additional traffic is not generated because it is done in lieu of shopping. He reiterated, each location is entirely different. Council Member Pickler. He feels a year is too long and suggested that the matter be evaluated in six months; Council Member Simpson stated a review can be requested at anytime. City Attorney White. That is one of the problems. He reiterated they are not under Title 18 so that there is no built-in review process. If the Council wishes to look at the situation in six months, he could fashion language to have the arcade come back for review, but frankly they would not be in a position to revoke the permit because of the language in the code until it expires by whatever ~eriod the Council sets for it. A vote was then taken on the motion approving the Amusement Arcade Permit for one year and carried by the following vote Ayes: Feldhaus, Simpson and Daly Noes: Hunter and Pickler 153: PRIVATI ZATION: Mayor Daly. Approximately two months ago the Council adopted a moratorium on privatization. He would like to ask staff, with the support of the Council, to place that issue on the next possible agenda. MOTION: Council Member Daly moved that the issue of the moratorium on privatization be placed on the next possible agenda for Council discussion, 765 City Hall r ~__n_aheimr California - COUNCIL MINUTES - NOVEMBER 17 ~ 1992 - 5'.00 P.M. Council Member Pickler seconded the motion. Council Member Hunter voted no. MOTION CARRIED. ADJOURNMENT:.. By general consent the Council adjourned the meeting of November 17, 1992. (8:02 p.m.) No meeting is scheduled for Tuesday, November 24, 1992, since a quorum is not anticipated. LEONORA N. 766