1993/02/23City Hall, _a_~heim, California - COUNCIL MINUTES - FEBRUARY 23, 1993 - 2:00 P.M.
The City Council of the City of Anaheim met in special session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS= Hunter, Pickler, Simpson, Daly
COUNCIL MEMBERS: Feldhaus
CITY MANAGER= James Ruth
CITY ATTORNEY= Jack White
CITY CLERK= Leonora N. Sohl
The special meeting was duly noticed before the hour of 2=00 p.m., on Monday,
February 22, 1993.
Mayor Daly called the special meeting of Tuesday, February 23, 1993, to order
at 2=03 p.m. Council Member Feldhaus was absent.
RECESS - CLOSED SESSION= City Attorney Jack White requested a Closed Session
to consider the following item=
To meet with and give instructions to the City's negotiator
concerning the price and terms of payment relating to
renegotation of the Site Lease between the City of Anaheim,
as lessor, and the Anaheim Public Improvement Corperation, as
lessee, and the Lease Agreement between the Anaheim Public
Improvement Corporation, as lessor, and the City of Anaheim,
as lessee, each of which agreements is dated as of
December 1, 1990, and the related Amended and Restated Arena
Management Agreement between the City of Anaheim and Ogden
Facility Management Corporation of Anaheim, dated as of
December 18, 1990, relating to the real property known as the
Anaheim Arena and described as Parcel 1 of Lot Line
Adjustment Plat No. 240 in the City of Anaheim.
RECESS= Council Member Daly moved to recess into Closed Session; Council
Member Pickler seconded the motion. Council Member Feldhaus was absent.
MOTION CARRIED. (2:04 p.m.)
AFTER RECESS: Mayor Daly called the meeting to order, all Council Members
being present with the exception of Council Member Feldhaus.
ADJOURNMENT: Council Member Daly moved to adjourn the special Council meeting
of February 23, 1993. Council Member Simpson seconded the motion. Council
Member Feldhaus was absent. MOTION CARRIED. (3:27 p.m.)
LEONORA N. SOHL, CITY CLERK
122
City Hall, ~-~heimr California - COUNCIL MINUTES - FEBRUARY 23, 1993 - S=00 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Hunter, Pickler, Simpson, Daly
COUNCIL MEMBERS: Feldhaus
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 2:45 p.m. on February 19, 1993 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Daly called the meeting to order at 3:27 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.
Anaheim Redevelopment Agency vs. Unocal/Saless, Orange County
Superior Court Case No. 69-97-45
Anaheim Redevelopment Agency vs. Church Engineering et al.,
Orange County Superior Court Case No. 69-91-70
In re: licensing applications for FERC projects Nos. 1962-015 and
1988-020.
Grew vs. City of Anaheim, Orange County Superior court Case No.
67-94-70.
be
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).
ee
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.
RECESS: Council Member Simpson moved to recess into Closed Session. Council
Member Hunter seconded the motion. Council Member Feldhaus was absent.
MOTION CARRIED. (3:27 p.m.)
123
City Hall, Anaheim, California - COUNCIL MINUTES - FEBRUARY 23, 1993 - 5=00 P.M.
AFTER RECESS= The Mayor called the meeting to order, all Council Members
being present, with the exception of Council Member Feldhaus and welcomed
those in attendance to the Council meeting. (5:14 p.m.).
INVOCATION: Pastor Phil Aguilar, Set Free Fellowship, gave the invocation.
FLAG SALUTEs Council Member Bob Simpson led the assembly in the Pledge of
Allegiance to the Flag.
UPDATE - SANTIAGO LANDSLIDE AREA: Fire Chief Jeff Bowman, gave an update on
the Anaheim Hills Landslide. The Disaster Application Center has been closed
but the SBA Office continues to operate in the old urgent care center of
Anaheim Memorial Hospital. On wells that have been drilled, 88 are currently
operating pumping over 200,000 gallons of water a day out of the slide zone.
They are continuing to install dewatering and monitoring devices on Avenida de
Santiago. Nine monitoring devices are to be installed in the slide area, four
of which have been completed. To date, the additional rainfall while
significant has not shown any significant impacts on the landslide itself,
which is good news in the short term. Long term, the geologist has indicated
it may take two to three weeks for the actual impact of the water to occur in
the slide since it takes a while to percolate into the slide area. Costs to
date are approaching 3 million dollars in City costs directly. There is an
estimate of an additional 1.6 million in infrastructure damages that have been
identified to roads and sewers in the area. They have talked to FEMA staff
this week who indicated a 2.5 million dollar check is being sent to the City
for costs as a result of the landslide and emergency efforts the City has
made, which should be received in the next two weeks. The other 1.6 million
will be forthcoming as soon as they establish an actual repair for the public
infrastructure.
City Attorney White. They have also received as part of Item A31 on the
Council agenda a report from the City's geological firm, Eberhart and Stone
(report dated February 23, 1993 - W.O. 165110.69 - made a part of the record)
which has been provided to the Council.
119: DECLARATION OF COMMENDATION: A Declaration of Commendation was
unanimously adopted by the City Council commending Kaiser Permanente Hospital
for their generous contribution to the Kids In Action program. The
Declaration was accepted by Donna Donan-Drasner of Kaiser Permanents Hospital.
Mr. Chris Jarvi, Director of Parks, Recreation and Community Services also
introduced Jeff Simko and Evelyn Paciorkowski of U.R.G.E. of Riverdale,
Jackie Terrell, Anaheim Community Foundation and Brinley Thomas, of the Orange
Unified School District. He also thanked City staff involved.
Mayor Daly and Council Members thanked Kaiser Permanente for their generosity
in establishing the "Kids In Action" site at Riverdale Park school.
Recognitions authorized by Council to be mailed or presented at a later date:
Gene Autry Day in Anaheim, March 13, 1993
Recognizing the Gas Company for commitment
to energy research and development.
FINANCIAL DEMANDS AGAINST THE CITY: No figures were available for this
meeting. (Will be reported at a later date).
124
City Hall, Anaheim~ California - COUNCIL MINUTES - FEBRUARY 23~ 1993 - 5:00 P.M.
Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency and Mousing Authority meetings. (5=21 p.m.)
Mayor Daly reconvened the City Council meeting. (5:45 p.m.)
PUBLIC COMMENTS - AGENDA ITEMS: Input was received under Items A15 and A30.
See discussion under those items.
ITEMS OF PUBLIC INTEREST: No items of public interest were addressed.
MOTION: Council Member Simpson moved to waive reading in full of all
ordinances and resolutions to be acted upon for the Council meeting of
February 23, 1993. Council Member Pickler seconded the motion. Council
Member Feldhaus was absent. MOTION CARRIED.
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. 93R-33 through 93R-36, both inclusive, for
adoption. Council Member Feldhaus was absent. Refer to Resolution Book.
Al. 118~ The following claims were filed against the City and action taken
as recommended:
Claims =ejected and referred to Risk Management:
a. Claim submitted by Lisa Mellriegel for property damage sustained
purportedly due to actions of the City on or about November 17, 1992.
b. Claim submitted by Robert L. Donovan for property damage sustained
purportedly due to actions of the City on or about July 30, 1992.
c. Claim submitted by Frank B. Micheletti for property damage sustained
purportedly due to actions of the City on or about December 5, 1992.
d. Claim submitted by Alejandro Gomez and Victoria De Gomez for property
damage sustained purportedly due to actions of the City on or about
June 3, 1992 through December 3, 1992 and January 14, 1992 through
January 14, 1993.
e. Claim submitted by Madeline Soto, c/o Thomas P. Cacciatore, for
property damage and bodily injury sustained purportedly due to actions of
the City on or about August 5, 1992.
f. Claim submitted by Rosie M. Marquez, c/o William P. Wooten, for
property damage and bodily injury sustained purportedly due to actions of
the City on or about December 8, 1992.
g. claim submitted by Crystal Dominguez, c/o William P. Wooten, for
bodily injury sustained purportedly due to actions of the City on or about
December 8, 1992.
h. Claim submitted by Desiree Dominguez, c/o William P. Wooten, for
bodily injury sustained purportedly due to actions of the City on or about
December 8, 1992.
125
City Hall~ Anahe£m~ California - COUNCIL MINIFi~S - FEBRUARY 23t 1993 - 5:00 P.M.
i. Claim submitted by Isahiaha Marquez, c/o William p. Wooten, for bodily
injury sustained purportedly due to actions of the City on or about
December 8, 1992.
j. Claim submitted by Venezia Marquez, c/o William P. Wooten, for bodily
injury sustained purportedly due to actions of the City on or about
December 8, 1992.
k. Claim submitted by Desiree Navarro for bodily injury sustained
purportedly due to actions of the City on or about December 8, 1992.
1. Claim submitted by Jose Orozco for bodily injury sustained purportedly
due to actions of the City on or about October 23, 1992.
m. Claim submitted by Coco's Restaurant No. 867, attn: Michael Dick, for
property damage sustained purportedly due to actions of the City on Or
about January 10, 1993.
n. Claim submitted by Linda Butler for bodily injury sustained
purportedly due to actions of the City on or about August 22, 1992.
o. Claim submitted by Reverend Donald Gallegly for property damage
sustained purportedly due to actions of the City on or about September 10,
1992.
p. Claim submitted by Lillian Gotham, c/o Michael R. Cully, for bodily
injury sustained purportedly due to actions of the City on or about
November 8, 1992.
q. Claim submitted by Bruse Allen Kimbrell for property damage sustained
purportedly due to actions of the City on or about December 18, 1992.
r. Claim submitted by Thomas K. Lewis, c/o Annette Winward, for property
damage sustained purportedly due to actions of the City on or about
December 24, 1992.
s. Claim submitted by Sonia Elizabeth Luna, c/o Roy O. Moss, for bodily
injury sustained purportedly due to actions of the City on or about
July 26, 1992.
t. Claim submitted by Gus P. Stratten for property damage sustained
purportedly due to actions of the City on or about November 27, 1992.
u. Claim submitted by Roger Suarez for bodily injury sustained
purportedly due to actions of the City on or about July 1, 1992.
v. Claim submitted by Glenn Calhoun, c/o Robert E. Perkins, Jr., for
property damage and bodily injury sustained purportedly due to actions of
the City on or about November 30, 1992.
w. Claim submitted by John J. Morrell for property damage sustained
purportedly due to actions of the City on or about November 11, 1992.
x. Claim submitted by Pacific Bell, attn: C. Carter, for property damage
sustained purportedly due to actions of the City on or about August 4,
1992.
126
City Hall, Anaheimr California - COUNCIL MINUTE8 - FEBRUARY 23t 1993 - 5:00 P.M.
Cla4- reco~-ended to be accepted:
a. Claim submitted by Doan Nguyen, c/o Stephen L. Philipson, for property
damage and bodily injury sustained purportedly due to actions of the City
on or about April 1, 1992.
Application for leave to present late claim denied:
a. Claim submitted by Rosalyn Ann Franks, c/o Sandra C. Leonard, for
bodily injury sustained purportedly due to actions of the City on or about
January 11, 1992 through June 9, 1992.
A2. 105: Receiving and filing minutes of the Anaheim Park and Recreation
Commission held December 2, 1992.
107: Receiving and filing the Statistical Report Summary ending December 31,
1992, as submitted by the Building Division.
105: Receiving and filing minutes of the Public Utilities Board meetings held
November 5, December 3, and December 14, 1992.
105: Receiving and filing minutes of the Senior Citizens Commission held
December 10, 1992.
105: Receiving and filing minutes of the Community Services Board held
December 10, 1992.
105: Receiving and filing minutes of the Anaheim Private Industry Council
held November 19, 1992.
105: Receiving and filing minutes of the Community Redevelopment Commission
held January 20, 1993.
117: Receiving and filing Summary of Investment Transactions for the month of
January, 1993.
A3. 169: Approving a Notice of Completion of the Construction of Ball Road
Street and Traffic Signal Improvements from Santa Aha River to Sunkist Street
by R.J. Noble Company and authorizing the Mayor to sign and the City Clerk to
file the Notice of Completion.
A4. 169: Approving Contract Change Order No. i for Magnolia Avenue Street
Improvements from North City Limit to La Palms Avenue in the amount of
$57,266.5~, in favor of R.J. Noble Company, ~or additional street
reconstruction work on Magnolia Avenue from north City limit to La Palma
Avenue.
AS. 170: Approving the Final Map and Subdivision Agreement of Tract No.
14077 with Baldwin Building Contractors and authorizing the Mayor and City
Clerk to execute, (Tract is located at The Summit of Anaheim Hills on Sedona
Lane 25 single-family lots plus 3 lettered slope lots).
A6. 170: Approving the Final Map and Subdivision Agreement of Tract No.
14078 with Baldwin Building Contractors and authorizing the Mayor and City
Clerk to execute, (Tract is located at The Summit of Anaheim Hills on Running
Springs Drive and Sedona Lane 24 single-family lots plus 2 lettered slope
lots).
127
City Hall, Anaheimf California - COUNCIL MIN%Pi~S - FEBRUARY 23, 1993 - 5.'00 P.M.
AT. 158~ Approving the right-of-way/right-of-entry agreement for 2100 South
State College Boulevard, authorizing the acquisition payment of $50,600, and
authorizing the Mayor and City Clerk to execute the agreement.
A8. 123~ Authorizing the Mayor and City Clerk to execute the agreement with
the County of Orange for traffic signal construction and maintenance
participation at the intersection of Gilbert Street and Orange Avenue.
Ag. 123= Approving an agreement with the County of Orange for seismic safety
retrofit improvements on the Tustin Avenue Bridge at the Santa Ana River,
subject to the County's receipt of Caltrans' written guarantee to fund 100% of
the project before the County's award of contract.
Al0. 158= Authorizing the payment of $134,000 to Marchant Corporation,
pursuant to agreement on file, for modifications to their building located at
2100 South State College Boulevard, and authorize the City Engineer to approve
additional payments for unforeseen items in an amount not-to-exceed $15,000
(State College Boulevard/Orangewood Avenue Critical Intersection Street
Widening Project - R/W 6000-5).
All. 150= Approving Notice of Completion of construction of Julianna Park
Security Lighting by Laubach Electric and authorizing the Mayor to sign and
the City Clerk to file the Notice of Completion.
A12. 160= Accepting the low bid of Dorado Distribution, Inc., in the amount
of $77,344.52 for one (1) PMH-10, and four (4) each PMH-11 motor-operated
padmount sectionalizing switches with holders in accordance with Bid ~5120.
A13. 123: Accepting the low bid and authorizing the execution of an
Agreement with Damon Construction Company in an amount not to exceed $127,075,
for the removal and replacement of residential sidewalks, curbs and gutters
through 6-30-93 with option to renew for three (3) one (1) year periods, in
accordance with Bid #5088.
A14. 123: RESOLUTION NO. 93R-33: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO OPERATING
AGREEMENT FOR RECYCLING EQUIPMENT, (City of Anaheim and Taormina Industries,
Inc.).
A15. 137= Receiving and filing selected pages of the savings analysis
prepared by Smith Barney, dated February 8, 1993, regarding the $130.1 million
refunding completed on January 6, 1993, reflecting gross savings in the form
of reduced debt service payments of $13.5 million over the next 26 years.
Mr. Doug Auslander, Smith Barney. He is present to speak about the efforts of
staff, th~ financial advi~0rg and bond c0un~l ~ach of which Dregented a
different approach and brought to Smith Barney areas of concern about the
approach they have proposed. These efforts made a much less risky transaction
for the City. If it were not for their efforts, the City would have missed an
opportunity to save an additional $3 million dollars they were able to
structure into the refunding. It was one of the most complex transactions he
had worked on. He wanted to express his appreciation for having the
opportunity to work with the City.
Council Member Pickler commended both Smith Barney and George Ferrone, the
City's Finance Director.
128
City Hall~ ~aheim~ California - COUNCIL ~INUTE8 - FEBRUARY 23~ 1993 - 5:00 P.~.
A16. 160= Accepting the bid of Clippinger Chevrolet in the amount of $30,550
for two (2) each 3/4 ton pickup trucks with dump hoists in accordance with Bid
$5123.
A17. 153= Authorizing full-time City of Anaheim Employees in the Library
Department to participate in a one-time accrued vacation buy out to provide a
cash donation to an employee undergoing heart bypass surgery.
A18. 153= Accepting a check in the amount of $1,122 from the Orange County
League of Cities for work performed on an annual benefits survey.
106= Amending the FY 92/93 Budget by increasing revenues in account number
101-119-2029 and expenditures in account number 101-119-1145-9301 by $1,122.
A19. 153= RESOLUTION NO. 93R-34: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL NO. 47 AND THE CITY OF ANAHEIM.
(Dated February 4, 1993, extending the current Memorandum of Understanding to
July 1, 1993.)
A20. 1555 Approving Notice of Exemption from Environmental Impact
requirement for extension of Twin Peaks Cable Television Microwave Tower.
123: Approving an amendment to the agreement with Jones Growth Partners, II,
L.P. (Jones) formerly Empire Cable Television, Inc., authorizing the extension
of a 10-foot section to the existing 35 foot microwave tower in the vicinity
of the Serrano/Twin Peaks Reservoir.
A21. 1405 Accepting two grants from the California State Library in the
amount of $5,000 each in order to sponsor a "Grandparents and Books" Program.
1065 Amending the FY 92-93 budget by increasing revenue and expenditures in
208-4273 and 208-4275 by $5,000 each.
A22. 123: Approving an Agreement with Anita M. and Robert D. Zantos, West
Coast Performance Products (U.S.A.), Inc.,and the Anaheim Redevelopment
Agency.
A23. 101= Authorizing the additional expenditures necessary to complete
relocation of Bleckert's Diesel Repair, Inc., in the amount of $49,887.41
(Katella Douglass Public Parking Facility).
A24. 123: Approving an Agreement with Feedback Foundation, Inc., dba:
Project TLC, in the amount of $35,000 to provide nutritional and social
services for senior citizens-at designated sites in the community.
A25. 150: Accepting a donation from the Anaheim Community Foundation and
Kaiser Permanente Medical Center in the amount of $10,374 to fund the
establishment of a KIDS IN ACTION gang/drug prevention program from March 1 to
June 30, 1993 at Riverdale Park.
106: Increasing appropriations in revenue source $101-213-4277-2619 and
various expenditures accounts within the gang/drug prevention program (Org 4
$4277) by $10,374.
A26. 123: Approving a residential rental Agreement with Juan Martinez Lopez
for rental of an apartment at the Jeffrey-Lynne Neighborhood Center.
129
C~2¥ Hall, Auahe£m~ Cal£forn£a - COUNCIL blINUTES - FEBRUARY 23, 1993 - 5:00 P.M.
A~7. ~58: RESOLUTION NQ. 93R-35: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTIES OR INTERESTS THEREIN.
A28. 158: RESOLUTION NO. 93R-36: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF CERTAIN
PROPERTY AND/OR FACILITIES (TRACT NOS. 2689, 12701 AND 14502 AND SP1884).
A29. 1402 Designating the Anaheim Public Library, at 500 West Broadway, to
be the location for the City of Anaheim Local Appointments List.
A30. 14~: ORDINANCE NO. 5357 - (INTRODUCTION}: AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING CHAPTER 6.30 OF TITLE 6 OF THE ANAHEIM MUNICIPAL CODE
PROHIBITING SMOKING IN CITY-OWNED AND OPERATED FACILITIES.
Bob Kazarian, past chairman, Anaheim branch of the American Heart Association.
He is speaking not only for the Anaheim branch but for the Orange County
Chapter as well. The American Heart Association wants to endorse the
philosophy reflected in the ordinance in its entirety. It has proven that
most of the deaths linked to smoking are not caused by cancer but by
cardiovascular problems. This year some 350,000 people are expected to die
from smoking and second hand smoke related to cardiovascular problems. There
is a direct link. They endorse the proposal wholeheartedly.
Joe Lite, Anaheim resident for 37 years. Relative to smoke and the health
issues, the Federal Environmental Protection Agency has denoted smoking as a
toxic pollutant. He commends South Coast Plaza and other Governmental
agencies who have placed a ban on smoking in their facilities. He is speaking
in favor of the proposed ordinance which will do the same for Anaheim.
Council Member Pickler. This is another step the City is taking. Four or
five years ago, the City adopted its first no-smoking ordinance imposing
certain regulations on restaurants and businesses. He commends the Council
for continuing to move in the direction of further limiting smoking in the
City.
Mayor Daly. The proposed ordinance bans smoking in all city-owned facilities.
It will be on next week's Council agenda, March 2, 1993, for final action.
A31. 184: Reviewing the need for continuing the Proclamation of the
Existence of a Local Emergency issued by the Director of Emergency Services on
January 19, 1993, concerning the Santiago Landslide and Pegasus Landslide and
taking no action to terminate the local emergency at this time.
Roll Call Vote on Resolution Nos. 93R-34 throuqh 93R-36, both inclusive, for
adoption~
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Hunter, Pickler, Simpson, Daly
None
Feldhaus
The Mayor declared Resolution Nos. 93R-34 through 93R-36, both inclusive, duly
passed and adopted.
END OF CONSENT C~?.~NDAR. MOTIONS CARRIED.
A32/A33/A34. 105/102: APPOINTMENT TO FILL VACANCIES ON THE BUDGET ADVISORY
COMMISSION, PRIVATE INDUSTRY COUNCIL AND VECTOR CONTROL BOARD:
130
C£t¥ Hal~. Anaheim. California - COUNCIL MINUTES - FEBRUARY 23, 1993 - 5:00 p.M.
The seven combined vacancies on the subject boards were scheduled for Council
consideration this date.
Mayor Daly. He feels it advisable to continue the subject appointments for
one week for a full Council action.
MOTION: Council Member Daly moved to continue appointments to fill vacancies
on the Budget Advisory Commission, Private Industry Council and Vector Control
Board for one week to March 2, 1993, for full Council action. Council Member
Simpson seconded the motion. Council Member Feldhaus was absent. MOTION
CARRIED.
148: APPOINTMENT TO THE ORANGE COUNTY SENIOR CITIZENS ADVISORY COUNCIL:
Council Member Pickler. The League of Cities is looking for an appointee to
the Orange County Senior Citizens Advisory Council. He believes a letter may
have been submitted from Eleanor Gibbons expressing interest.
Mayor Daly. He asked that the City Clerk research the appropriate means for
recommending Mrs. Gibbons as the appointee.
City Clerk Sohl. As soon as the letter is received, it will be placed on a
Council agenda for action by the Council.
x~g]48 BI - B3 FROM THE ZONING ADMINISTRATOR MEETING OF FEBRUARY 4. 1993:
D~C~ION DATB~ FEBRUARY 11. 1993 INFORMATION ONLY - APPEAL PERIOD ENDS
FEBRUARY 26. 1993:
Bi? ~79; VA~ANC~ NO. 4217. TENTATIVE PARCEL MAP NO. 92-258. CATEGORICALLY
EXEMPT. CLASS 5:
OWNER: Wattson Pacific Ventures Anaheim, 3620 Birch Street, Suite 100,
Newport Beach, CA 92660.
AGENT: A.J. Koltavay, 1151 Dove, Suite 210, Newport Beach, CA 92660
LOCATION: 1401-1407 North Baxter Street. Property is approximately 1.1
acres located at the southwest terminus of Baxter Street, having a maximum
depth of approximately 630 feet.
Petitioner requests waiver of required street frontage to permit a 4-lot
subdivision.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance NO. 4217 APPROVED (ZA93-10).
Tentative Parcel Map No. 92-258 Approved (ZA93-11).
NOTE: Tentative Parcel Map No. 92-258 has a 10-day appeal period which
expires 2/21/93.
179: ADMINISTRATIVE ADJUSTMENT NO. 0078:
OWNER: Jack Tart Development, P.O. Box 7339, Newport Beach, CA 92660
AGENT: Rachel Meng, 1033 Westminster Avenue, Alhambra, CA 91803
LOCATION: 2368 West Lincoln Avenue. Property is located on the southeast
corner of Lincoln Avenue and Gilbert Street.
Petitioner requests waiver of minimum number of required parking spaces
(413 spaces required; 386 spaces existing) to establish an enclosed
restaurant.
B3.
ACT~QN TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 0078 APPROVED (ZA93-12).
179: ADMINISTRATIVE ADJUSTMENT NO. 0080:
OWNER: Thomas G. Matlock Associates, Inc., 440 South Airport Drive,
Ontario, CA 91761
131
City Hal~ Anaheim~ California - COUNCIL MINUTES - FEBRUARY 23~ 1993 - 5:00
AGENT: Douglas Stevens, 5777 Salisbury Way, San Luis Obispo, 93401
LOCATION: 501 North Brookhurst Street. Property is located on the west
side of Brookhurst, south of Crescent Avenue.
Petitioner requests waiver of minimum number of parking spaces (157 spaces
required; 155 spaces existing) to establish a 3,153 square foot credit
union.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 0080 APPROVED (ZA93-13).
END OF THE ZONING ADMINISTRATOR ITEMS.
Cl. 114: COUNCIL COMMENTS:
Council Member Hunter. Regarding Set Free, he would like the Council to
reconsider the eviction of Set Free from the facility at Broadway and
Philadelphia Streets based upon the location. (Set Free has been asked to
vacate the building within 90 days by the Redevelopment Agency.) Apparently,
the Council majority or others have made a decision that the location for the
Boys & Girls Club is at Broadway and Philadelphia Streets. The City
Redevelopment Agency has other lands downtown. If the Council is going to put
the Boys & Girls Club downtown, they could do so and leave Set Free where it
is at and accomplish a lot. He would like to see the Council reconsider the
eviction of Set Free and to look at other parcels for the Boys and Girls Club.
The eviction notice was received by Set Free on February 5, 1993, but up until
that date, Set Free did not know the situation. He (Hunter) did not even know
specifically what the plans were for the Boys and Girls Club. Set Free has
spent over $10,000 refurbishing the building. They believed they were going
to be allowed to stay longer. It is called detrimental reliance. Ne feels
they are forgetting all the good things Set Free has done. He has spent the
last 13 years across from City Hall in his Law Office and Set Free is right
across from his office. He likes the fact that it is there - there is no
crime. They do a lot of things downtown that City Government may not be aware
of and they do it for free. They take in anybody and everybody anytime. He
does not know of any Governmental organization that will do that. They have
performed a great deal of public service which costs nothing to the taxpayer.
They came begging for help and were turned away without any reasonable
answers. He feels they ought to look at more options before taking what he
considers a drastic move. Their priorities are not in the right place. He
has a lot of unanswered questions regarding the matter. He feels the Council
needs to search their conscience and soul before continuing to serve the
eviction notice.
Council Member Simpson. He understands, they are looking at alternatives and
are trying to assist Set Free. If there is a way to accommodate the needs of
both, they need to do that. -He does not believe anyone would argue over the
good Set Free has done downtown and hope they will continue to do since that
is their ministry.
Mayor Daly. He does not think that anybody at City Hall has to apologize to
the Set Free organization. He believes that almost all department heads at
one time have been involved in helping Set Free. It was Set Free that came to
the Redevelopment Agency 2~ years ago to rent at $500 a month a church
building scheduled to be demolished and.whose site was scheduled to be some
type of Community Center. The concept for that site has been in the plan for
downtown redevelopment for a long time. Pastor Aguilar signed an agreement
with the Redevelopment Agency whereby his church woul~ get to occupy the
church building on a month-to-month basis until such time as the City had use
for the property. It is one of the last remaining original sites in the
downtown redevelopment area. Tonight they took action to formalize an
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C£t¥ Rail, ~--_he~l~t, California - COUNCIL MINUTES - FEBRUARY 23r 1993 - 5100 P.M.
agreement with Kaufman & Broad to finish off one of the final pieces downtown,
the 20 acre piece that is east of the Baptist Church property. They owe it to
the taxpayers to complete redevelopment. It was started almost 20 years ago
and he does not feel they should delay because of any threats which tonight
started with the invocation moving on to the comments. He feels the agreement
the City came to with Pastor Aguilar was fair to both parties. Anaheim has
been and continues to be a good partner with Set Free working with them to
allow them to use La Palma Park Stadium for their service and countless other
cooperative efforts. He appreciates the good deed Set Free has done as well
as the good deeds done by all the churches in Anaheim, but he is not in favor
of rescinding the notice that has been given because they need to move on with
downtown redevelopment. They need a permanent facility for the Boys and Girls
Club. The site has been identified as the best site by staff. The entire
City Council was briefed on the matter some weeks ago. Any questions or
confusion that arose at that time should have been addressed at that time. No
commitment of taxpayer money has been made at all for that site. It may'be
used for the Boys and Girls Club, other non-profit groups, a community center,
senior center or it will likely be a combination. They should get on with
completing the downtown redevelopment area.
Council Member Hunter. He disagreed. None of the present Council members
were on the Council when redevelopment was started in the 1970's. It took
15 years for something to get started. Now there is a rush to judgement to
give an eviction notice to get Set Free out with no real immediate plans to do
something on that corner. It could be years before something is built there.
He believes what is happening, and it may not be the truth, some people are
prejudiced against Set Free and they have specifically said they do not want
them in downtown because they are not the type of people they want. He feels
they should be working with Set Free and not against them. There were no
specific plans for Broadway and Philadelphia Street up until a few weeks ago
because he has kept on top of the issue.
Council Member Pickler. He resents Council Member Hunter's accusations. He
has been on the Council longer than anyone and remembers when Set Free came
into the City. He has always said they have done a fantastic job and
continues to say that. They have talked about a community center in the
subject location whether it be the YMCA, the Boys and Girls Club, the seniors
or whoever. That was about 1~ years ago. He feels what they have done for
Set Free and what Set Free has done for the City has been offset. They have
appreciated each other. Somehow the City needs to move on with what they have
planned for. He is concerned about the safety of the building as well. It is
time for Set Free to find another location.
Mayor Daly. Staff has taken a lead on this item going back a couple of years.
He suggests that staff continue to work with and be in conununication with
Set Free as they have been all along and report back to the Council on the
progress of the matter of creating a community center project possibly to
include the Boys and Girls Club.
Council Member Hunter. He wants the Counc£1 to know he is going to do
everything in his power to help Set Free stay where they are. He is not going
to budge on the issue. He believes there are other locations for the Boys and
Girls Club and other fine organizations other than the location Set Free now
occupies. He still believes there is a hidden agenda on the Council to get
Set Free out of the City. He clarified for the Mayor that he believes
Set Free should be allowed to stay at the location.
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City Hall. Anahei,~ California - COUNCIL MINUTES - FEBRUARY 23, 1993 - 5:00 P.M.
Council Member Simpson. He reminded those that might be looking for a
decision tonight by the Council that the matter was not even scheduled as an
agenda item.
D1. 174: ~UBLIC HEARING - NINETEENTH YEAR (1993-1994) COMMUNITY DEVELOPMENT
BLOCK GRANT {CDBG) PROGRAM AND BUDGET:
Approving the fiscal year 1993-1994 CDBG Program and Budget, in the amount
of $2,600,000, as recommended by the Communitywide CDBG Citizen
Participation Committee.
Submitted was report dated February 17, 1993, from the Executive Director of
Community Development Lisa Stipkovich requesting a continuance of the subject
public hearing to Tuesday, March 9, 1993 noting that the United States
Department of Housing and Urban Development (HUD) notified staff that the
previously anticipated amount of $2,600,000 is instead $3,455,000 or an
increase of $855,000. The continuation is necessary in order to reconvene the
Community Development Block Grant Citizen Participation Committee to develop
allocation recommendations for the additional funds.
MOTION: Council Member Simpson moved to continue the 19th year (1993-1994)
Community Development Block Grant program and budget to Tuesday, March 9,
1993. Council Member Pickler seconded the motion. Council Member Feldhaus
was absent. MOTION CARRIED.
SWEAR-IN OF THOSE TESTIFYING AT PUBLIC HEARINGS:
The City Attorney announced that it is appropriate at this time for all those
intending to testify at any or all of the public hearings including staff be
sworn in at this time.
Those testifying were requested to stand by the City Clerk and asked to raise
their right hand. The oath was then given.
D2. 179: PUBLIC HEARING - AMUSEMENT ARCADE PERMIT NO. 1020 - POOR BOB'S:
OWNER: Alpine Development, 13072 Holt Avenue, Santa Aha, CA 92705
AGENT: Robert Hicks, 4331 Nestle Street, Cypress, CA 90630
LOCATION/REQUEST: The property is located at 404 North State College
Boulevard (Poor Bob's). The request is to permit up to 9 amusement arcade
devices.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Amusement Arcade Permit No. 1020 APPROVED, not enough opposition
(ZA93-08).
HEARING SET ON: A review of the Zoning Administrator's decision was requested
by Council Members Pickler and Feldhaus at the meeting of January 26, 1993 and
public hearing scheduled this date.
PUBLIC NOTICE REOUIREMENTS MET BY:
Publication in Anaheim Bulletin - February 11, 1993
Mailing to property owners within 300 feet - February 10, 1993
Posting of property - February 12, 1993
Mayor Daly. He first asked that staff give a brief background on the history
of the item; Annika Santalahti Zoning Administrator gave the briefing.
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C£ty Hallr Anaheimr Cal£forn£a - COUNCIL MINIJ','-'.S - FEBRUARY 23r 1993 - 5:00 P.M.
APPLICAHT'S
STATEMENT:
Mr. Robert Hicks, he is the owner of the establishment. He then
announced that he does not need an arcade permit. There was a
misunderstanding on what was fair and right and what was not.
City Attorney Jack White. He asked Mr. Hicks if he was seeking to withdraw
the application; Mr. Hicks stated that was correct.
City Attorney White. The Council by motion could approve the withdrawal and
having done that there would not be a need for a hearing. He does not believe
anyone wishing to testify in opposition would have an objection to the
withdrawal of the application since that effectively amounts to the same as
the denial.
MOTION: Council Member Simpson moved to accept the applicant's withdrawal of
his request for an amusement arcade permit. Council Member Hunter seconded
the motion. Council Member Feldhaus was absent. MOTION CARRIED.
ADJOURNMENT: By General Consent the Council adjourned. Council Member
Feldhaus was absent. MOTION CARRIED. (6:27 p.m.)
LEONORA N. SOHL, CITY CLERK
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