1993/07/13City Hall, Anaheim, California - COUNCIL MINUTES - JULY 13, 1993 - 5:00 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Feldhaus, Pickler, Simpson, Daly
COUNCIL MEMBERS: Hunter
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich
PLANNING DIRECTOR: Joel Fick
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 1:45 p.m. on July 9, 1993 at the Civic Center kiosk, containing all
items as shown herein.
Mayor Daly called the meeting to order at 3:00 p.m.
REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items:
be
To confer with its Attorney regarding pending litigation
pursuant to Government Code Section 54956.9(a) to wit:
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.
To confer with its attorney regarding potential
litigation pursuant to Government Code Section
54956.9(b)(1).
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.
By general Consent, the Council recessed into Closed Session. (3:00 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(5:40 p.m.).
INVOCATION: Mary L. Hibbard, Anaheim United Methodist Church, gave the
invocation.
FLAG SALUTE: Council Member Bob Simpson led the assembly in the Pledge of
Allegiance to the Flag.
119: PRESENTATION - GANG & DRUG PROGRAM "DRUG FREE ZONE" POSTER CONTEST
WINNERS:
The subject presentation is to be rescheduled for a later date.
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Mayor Daly. He asked the City Manager to provide the Council with an update
of the "Drug Free Zone" program.
119: The followinq were recoqnitions authorized by the City Council this date
to be mailed or presented at another time:
Recognizing Reverend Don Dexter for his dedicated service to
the community.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $6,725,411.04 for the
period ending July 6, 1993 and $3,731,795.98 for the period ending July 12,
1993, in accordance with the 1992-93 Budget, were approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency, Housing Authority and Public Financing Authority meetings.
(5:43 p.m.)
Mayor Daly reconvened the City Council meeting. (5:50 p.m.)
ITEMS OF PUBLIC INTEREST:
Janet Woodward, 810 N. Laura, Anaheim. She is president of the Anaheim Senior
Citizens Club. A few weeks ago, the Executive Board passed a motion to
circulate a petition to the seniors urging the City Council to complete and
implement the plans for a downtown community center including dedicated space
for a new Anaheim Senior Citizens Center. The petition was submitted to the
City Clerk's Office. She emphasized the Council has the full support of the
seniors and the plans for a community center. They like the proposal for the
center as presented to them by Chris Jarvi, Director of Parks, Recreation and
Community Services and Mark Deven, Recreation Superintendent. The seniors are
waiting for progress on this project.
Answering Mayor Daly, City Manager Ruth reported that staff has been working
on this matter for some time. They were hoping for Federal funding through
the Jobs Bill but that did not materialize and are presently looking for other
revenue sources. He assured the Council staff is working diligently to put
together the resources to move the project forward. A recommendation from
staff will be forthcoming to the Council in approximately 60 days.
Maria Trozzi, 3242 W. Lincoln, Anaheim. Two weeks ago, the Council discussed
the application for a pool room permit for Games Plus at 3242 W. Lincoln
Avenue. At that time, she did not have an opportunity to voice her say on
what was decided and would now like that opportunity. She knows that the
application was approved but there are a few items she wanted to speak to,
specifically the hours of operation. The permit was approved with hours of
1:00 p.m. to 11:00 p.m. Sunday through Thursday and on Friday and Saturday
1:00 p.m. to 12:00 p.m. The Police Department recommendation was for 12:00
midnight during the week and 1:00 a.m. on weekends which was more acceptable.
Council Member Feldhaus. Ms. Trozzi is the owner of the business. When she
came to the Council meeting on June 29, 1993, it was after the Council meeting
had been adjourned. He suggested that she come back and speak under public
comments and make her concerns known and/or reapply for a modification.
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Mayor Daly. The Council has already considered the application and it was
approved. The owner has the right to apply for any modification to the
permit. He recommended that Ms. Trozzi talk to Planning Department staff,
explain her concerns and they will assist her in submitting the necessary
paper work to ask for a modification of the approved permit.
PUBLIC COMMENTS - AGENDA ITEMS:
Public input received on Item A22 (see discussion under that item).
MOTION: Council Member Daly moved to waive reading in full of all ordinances
and resolutions to be acted upon for the Council meeting of July 13, 1993.
Council Member Pickler seconded the motion. Council Member Hunter 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-150 through 93R-153, both inclusive, for
adoption and offered Ordinance No. 5384 for introduction. Refer to Resolution
Book. Council Member Hunter was absent. MOTION CARRIED.
Al. 118: The following claims were filed against the City and action taken
as recommended:
Claim recommended to be accepted:
a. Claim submitted by Aase Brothers, Inc., for property damage sustained
purportedly due to actions of the City on or about February 12, 1993.
Claims rejected and referred to Risk Management=
a. Claim submitted by Ducato Gardens, attn: A.D. Tonelli, for property
damage sustained purportedly due to actions of the City on or about
March 8, 1993.
b. Claim submitted by Thomas A. Hollywood for property damage sustained
purportedly due to actions of the City on or about April 15, 1993.
c. Claim submitted by Daniel J. Leiker for property damage sustained
purportedly due to actions of the City on or about March 16, 1993.
d. Claim submitted by Mary C. Lepore, c/o Edward M. Daley, esq., for
bodily injury sustained purportedly due to actions of the City on or about
November 30, 1992.
e. Claim submitted by Frederick Appiah, c/o Daniel A. Brown, esq., for
property damage and bodily injury sustained purportedly due to actions of
the City on or about December 11, 1992.
f. Claim submitted by Bartolo Cruz, c/o Leila Sadjadi for bodily injury
sustained purportedly due to actions of the City on or about April 9,
1993.
g. Claim submitted by Joel Herrera for property damage sustained
purportedly due to actions of the City on or about February 22, 1993.
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h. Claim submitted by Johnny E. Johns, Jr., c/o Ronald P. Schneider,
esq., for bodily injury sustained purportedly due to actions of the City
on or about January 19, 1993.
i. Claim submitted by Charlie R. Moreno for property damage sustained
purportedly due to actions of the City on or about April 18, 1993.
j. Claim submitted by Julie Pfeifer for property damage sustained
purportedly due to actions of the City on or about May 15, 1993.
k. Claim submitted by Bruce A. Schuler for property damage sustained
purportedly due to actions of the City on or about January 31, 1993.
1. Claim submitted by Ameriko Maintenance Co. for property damage
sustained purportedly due to actions of the City on or about September 4,
1992.
m. Claim submitted by Linda Surguine for property damage sustained
purportedly due to actions of the City on or about January 13, 1993.
n. Claim submitted by David Troy Nelson, c/o Christian W. Wilbert, esq.,
for property damage and bodily injury sustained purportedly due to actions
of the City on or about May 17, 1993.
o. Claim submitted by Robert D. Hogan for property damage sustained
purportedly due to actions of the City on or about February 25, 1993.
p. Claim submitted by The Copy Store, attn: Bob Burris, for property
damage sustained purportedly due to actions of the City on or about
May 21, 1993.
q. Claim submitted by Darlene Bonnette, c/o Michael B. Mattingley for
property damage and bodily injury sustained purportedly due to actions of
the City on or about February 4, 1993.
r. Claim submitted by Michael Jensen for property damage sustained
purportedly due to actions of the City on or about April 11, 1993.
s. Claim submitted by Frank H. Gallimore for property damage sustained
purportedly due to actions of the City on or about May 7, 1993.
t. Claim submitted by James Craig, c/o James H. Cesena, for bodily injury
sustained purportedly due to actions of the City on or about January 30,
1993.
A2. 140: Receiving and filing the Anaheim Public Library Monthly Statistical
Report for the month of April, 1993.
105: Receiving and filing minutes of the Anaheim Public Library Board meeting
held May 26, 1993.
105: Receiving and filing minutes of the Golf Advisory Commission meetings
held March 24, 1993, and May 26, 1993.
105: Receiving and filing minutes of the Community Redevelopment Commission
meeting held June 9, 1993.
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173: Receiving and filing a Notice To Customers of Proposed Rate Increase
(Application No. 93-06-018) filed by Southern California Gas Company with the
California Public Utilities Commission.
A2. 175: Receiving and filing a Notice of Filing with the United States of
America Federal Energy Regulatory Commission dated June 14, 1993, Docket
No. ER93-703-000, Portland General Electric Company.
A3. 150: Awarding the contract to the lowest responsible bidder, Tamang
Electric, in the amount of $58,120 for basketball court lighting at various
parks; and in the event said low bidder fails to comply with the terms of the
award, awarding the contract to the second low bidder, as well as waiving any
irregularities in the bids of both the low and second low bidders.
A4. 175: Approving a Notice of Completion of the construction of Underground
District No. l, Olive Street (electrical portion) by Henkels & McCoy, and
authorizing the Mayor to sign and the City Clerk to file said Notice of
Completion.
A5. 123: Approving an Agreement with Infrastructure Management Services for
pavement management systems, software, hardware, support services, and field
data investigation, in an amount not to exceed $130,000. (Measure M funds)
A6. 123: Approving an Agreement with BSI Consultants, Inc., in an amount not
to exceed $105,000 for engineering design services for the critical
intersection street widening improvements for Kraemer Boulevard and La Palma
Avenue.
A7. 123: Approving an Agreement with Concurrent Computer Corporation, in an
amount not to exceed $22,770 for computer maintenance services for Traffic
Engineering's mainframe computer equipment, with an option to renew at the
same cost each year for a maximum of five years.
A8. 123: Approving the First Amendment to Agreement with Darnell and
Associates, Inc., for traffic signal design work, to extend the length of the
original contract by four months to October 30, 1993.
A9. 123: Approving an Amendment with Caltrans to extend the length of the
~riginal contract to June 30, 1994, for completion of ongoing work on energy
efficient traffic signals.
Al0. 169: RESOLUTION NO. 93R-150: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM REQUESTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO
ALLOCATE COMBINED TRANSPORTATION PROGRAM FUNDS FOR THE IMPROVEMENT OF THE
INTERSECTION OF STATE COLLEGE BOULEVARD AND ORANGEWOOD AVENUE.
Ail. 123: Authorizing the execution of an Agreement with The Norco
Companies, in an amount not to exceed $47,844 for courier mail services for a
period of two years beginning September 1, 1993.
Al2. 123: Approving a First Amendment to Agreement with Wackenhut
Corporation to provide security guard services at City Hall and City Hall West
through January 15, 1995.
Al3. 160: Accepting the bids of Golden Bear Arborists, V & E Tree Service
and Leonard Chaidez Tree Service, in a total amount not to exceed $179,000
(plus applicable tax) for tree trimming and stump removal services for a one
year period commencing July 20, 1993, in accordance with Bid #5144.
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Al4. 123: Approving an agreement with Caltrans for compensation of Police
Department traffic control officers overtime for traffic control during SR-91
construction detours between SR-57 and SR-55, and authorizing the City Manager
to sign said agreement.
City Manager Ruth. Staff has advised that the reimbursement from Caltrans has
been revised downward from $53,670 to $49,000.
Al5. 123: Approving a Fourth Amendment to Agreement with Cycom Data Systems,
Inc., for computer support services, and authorizing the City Attorney and the
Code Enforcement Manager to sign said agreement.
Al6. 123: Approving an amendment to the Agreement with Eberhart and Stone,
Inc., for geotechnical services to increase the maximum compensation to
$250,000 and extend the completion date to September 15, 1993.
Al7. 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, and ratified by the City Council on January 26, 1993,
concerning the Santiago Landslide and Pegasus Landslide in the City of
Anaheim; and taking no action to terminate the local emergency at this time.
Al8. 123: Approving an Agreement with Disney Development Company to provide
reimbursement to the City for certain potential costs and expenses relating to
the Disneyland Resort Project.
A19. 123: Approving a Third Amendment to the Joint Exercise of Powers
Agreement with Huntington Beach, Newport Beach, Santa Ana, and the County of
Orange, creating the Orange County-City Hazardous Material Emergency Response
Authority.
A20. 123: Approving a First Amendment to Agreement with Anaheim Harbor
Medical Group for annual physical exams of Fire Department personnel.
(Requesting an additional $49 per employee above the original contract amount
of $163 for the second year physical, for a total of $212 per employee.)
A21. 123: Approving a First Amendment to Agreement with Pacific Bell
allowing the City to utilize the company's parking lot for a special concert
at Pearson Park Amphitheatre.
150: Allowing the Assistance League of Anaheim, per City Code, to serve wine
at a private pre-concert reception at Pearson Park Amphitheatre on July 25,
1993.
A22. 153: RESOLUTION NO. 93R-151: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ESTABLISHING A VACATION/PAID LEAVE BUY BACK PROGRAM FOR
CERTAIN CITY EMPLOYEES. (For classifications designated as Confidential or
Management, expiring on June 30, 1994.)
Phil Knypstra, 2520 Gelid Avenue, Anaheim. He would like to know how much
money is spent relative to the Vacation Buy Back program. He does not believe
this policy is common in industry.
City Manager Ruth. Answering the Mayor, the buy back is optional to the City
employee. They have earned that vacation and accrued it on the books. There
is less of a liability paying it off now and getting it off the books. It is
also a great morale factor. Historically all cities allow management and
other employees in the City to accrue their vacations. If they do not take it
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off, it remains on the books. Never in Anaheim have they required their
employees to take the days off or else lose them. The financial exposure
depends on how many employees take advantage of the program.
Further questions were posed to Mr. Ruth by Mayor Daly wherein he clarified
specifics of the program.
A23. 185: Determining on the basis of the evidence Submitted by Alan D. Uman
of The Presley Companies, that the property owner has complied in good faith
with the terms and conditions of Development Agreement No. 88-02 for the
1992-1993 review period. (Highlands of Anaheim Hills Project)
A24. 185: Determining on the basis of the evidence submitted by Carol A.
Hoffman of The Irvine Company, that the property owner has complied in good
faith with the terms and conditions of Development Agreement No. 91-01 for the
1992-1993 review period. (Mountain Park Project)
A25. 185: Request for extension of time on the "cure period" with California
Drive-In Theatres, Inc., for Development Agreement No. 88-05, IDM Business
Center for an additional sixty days to September 7, 1993.
A26. 156: RESOLUTION NO. 93R-152: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING MEMBERSHIP IN THE ORANGE COUNTY THEFT TASK FORCE.
(Police anti vehicle theft task force)
A27. 149: ORDINANCE NO. 5384 - INTRODUCTION: AN ORDINANCE OF THE CITY OF
ANAHEIM DELETING SECTION 1.01.391 OF CHAPTER 1.01 OF TITLE 1, ADDING SECTIONS
14.32.510, 14.32.520 AND 14.32.530 AND AMENDING VARIOUS SECTIONS OF CHAPTER
14.32, OF TITLE 14, OF THE ANAHEIM MUNICIPAL CODE IMPLEMENTING CIVIL PENALTIES
FOR PARKING AND STANDING VEHICLE VIOLATIONS.
RESOLUTION NO. 93R-153: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING THOSE PARKING PENALTIES FOR VIOLATIONS OF THE ANAHEIM
MUNICIPAL CODE, THE CALIFORNIA VEHICLE CODE AND OTHER CODES RELATING TO
PARKING AND STANDING OF VEHICLES IN THE CITY OF ANAHEIM.
A28. 123: Approving the First Amendment to Agreement with the County of
Orange for Gang Suppression Services in the amount of $77,514 and authorizing
the Chief of Police to execute said Agreement.
A29. 123: Waiving Council Policy No. 401, and approving an Agreement between
the Public Utilities Department and Robert T. Gorson, in an amount not to
exceed $70,000 for engineering consulting services; and authorizing the Public
Utilities General Manager to execute said Agreement.
A30. 123: Approving the Modification of Easements and Maintenance Agreement
with Sycamore Canyon Master Association regarding Weir Canyon Reservoir
property.
A31. 123: To consider a Third Amendment to Agreement with ARA Leisure
Services, granting a 90-day extension to continue providing food service at
the Anaheim Convention Center.
Staff requested a continuance of this item to July 27, 1993 which was granted
by the Council.
A32. 117: Receiving and filing an Investment Policy Statement, Strategy and
Goals for 1993/1994 as submitted by the City Treasurer.
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A33. 114: Approving minutes of the City Council meetings held May 18,
May 25, June 8, and the Special Meeting held June 8, 1993.
A34. 123: Approving an Extension Agreement between Disney Sports
Enterprises, Inc., Ogden Facility Management Corporation of Anaheim, and the
City of Anaheim extending the period during which such parties are to use
their best efforts to negotiate and execute a lease of the Anaheim Arena to
Disney from July 15, 1993 to August 27, 1993, with any revisions thereto as
may be approved by the City Attorney.
Roll Call Vote on Resolution Nos. 93R-150 throuqh 93R-153, both inclusive, for
adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Pickler, Simpson, Daly
None
Hunter
The Mayor declared Resolution Nos. 93R-150 through 93R-153, both inclusive,
duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED. (Council Member Hunter was
absent.)
ITEMS B1 - B3 FROM THE ZONING ADMINISTRATOR MEETING OF JUNE 24, 1993:
DECISION DATE: JULY 1, 1993 INFORMATION ONLY - APPEAL PERIOD ENDS JULY 16,
1993
B1.
179: CONDITIONAL USE PERMIT NO. 3610, CATEGORICALLY EXEMPT, CLASS 3:
OWNER: Shin Sui Lin & Glendy Kang, 7530 Vista Del Sol, Anaheim, CA
92808
LOCATION: 7530 East Vista Del Sol (Private Street).
Property is approximately 1.04 acres, having a frontage of approximately
178 feet on the south side of Vista Del Sol, with a maximum depth of
approximately 307 feet and being located approximately 206 feet east of
the centerline of Country Hills Road.
To retain an existing ground-mounted satellite dish.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
CUP NO. 3610 APPROVED (Decision No. ZA93-38).
B2.
179: CONDITIONAL USE PERMIT NO. 3612, CATEGORICALLY EXEMPT, CLASS 3:
OWNER: Linda Linder, 5815 East Paseo De Soto, Anaheim, CA 92807
LOCATION: 5815 East Paseo De Soto. Property is approximately 0.16
acre, located at the eastern terminus of Paseo De Soto, with maximum
depth of approximately 117 feet located approximately 175 feet east of
the centerline of Calle De Gama.
To retain an existing ground mounted satellite dish antenna within the
Scenic Corridor Overlay Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
CUP NO. 3612 APPROVED (Decision No. ZA93-39).
REPORT & RECOMMENDATION ITEM:
B3.
179: VARIANCE NO. 4168 - REQUEST FOR TERMINATION:
REQUESTED BY: Arthur A. Helmstetter, 415 South Chatham Circle, Unit F,
Anaheim, CA 92806
LOCATION: 401 North Anaheim Boulevard (Gina's Pizza).
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Petitioner requests termination of Variance No. 4168 which established a
restaurant with waiver of minimum number of parking spaces (Gina's
Pizza).
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
GRANTED termination of Variance No. 4168 (Decision No. Za93-40).
END OF THE ZONING ADMINISTRATOR ITEMS.
B4. 179: ORDINANCE NO. 5385 FOR INTRODUCTION: Amending Title 18 to rezone
property under Reclassification No. 92-93-07 located at 1007 West Lincoln
Avenue to the CL zone. (Continued from the meeting of 6/15/93, Item B4, as it
relates to the public hearing (D3) on agenda this date.)
City Clerk Sohl announced that this item also relates to the subject of the
public hearing under Item D3 on today's agenda.
This item was trailed until after the public hearing, Item D3, and was
subsequently offered for first reading at that time. (See action taken under
Item D3.)
B5. 155: REQUEST FOR REHEARING - THE DISNEYLAND RESORT - ENVIRONMENTAL
IMPACT REPORT NO. 311; GENERAL PLAN AMENDMENT NO. 331; THE DISNEYLAND RESORT
SPECIFIC PLAN NO. 92-1 (INCLUDING ZONING AND DEVELOPMENT STANDARDS, A DESIGN
PLAN AND GUIDELINES AND A PUBLIC FACILITIES PLAN); AND ANAHEIM COMMERCIAL
RECREATION AREA MAXIMUM PERMITTED STRUCTURAL HEIGHT ORDINANCE:
To consider a request for rehearing of the Disneyland Resort submitted by
Gregory N. Weiler of Palmieri, Tyler, Wiener, Wilhelm & Waldron, 2603 Main
Street, East Tower, Suite 1300, Irvine, CA 92714, dated July 2, 1993 (and
attachments) received July 6, 1993.
MOTION: Council Member Pickler moved to deny the request for a rehearing of
the Disneyland Resort submitted by Gregory N. Weiler of Palmieri, Tyler,
Wiener, Wilhelm & Waldron on behalf of their clients as requested in letter
dated July 2, 1993. Council Member Daly seconded the motion.
Before a vote was taken, Mayor Daly noted that the City received the request
on the letterhead of Palmieri, Tyler, Wiener, Wilhelm & Waldron. He asked if
there was any staff comment on the request.
city Attorney White answered no.
A vote was then taken on the foregoing motion to deny the request for a
rehearing. Council Member Hunter 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.
Chairman Daly reconvened the Anaheim Redevelopment Agency, all Agency Members
being present, with the exception of Agency Member Hunter. (6:10 p.m.)
D1. 161: CONTINUED JOINT PUBLIC HEARING - REDEVELOPMENT AGENCY/CITY COUNCIL:
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To consider the proposed allocation of public funds for the purpose of paying
all or part of the value of the land for, and the cost of the installation and
construction of, certain buildings and other public improvements to be jointly
owned by the City and the Agency, to wit, City Hall West and appurtenant
improvements, pursuant to the Cooperation Agreement, as amended, by and
between the City and the Agency (the "Agreement"). The purpose of the joint
public hearing is to receive testimony from the public, regarding the proposed
expenditure of Agency funds.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - June 29 and July 6, 1993
RESOLUTION NO. (REDEV) ..... : Making certain findings with respect to City
Hall West.
RESOLUTION NO. (REDEV) ..... : Approving First Amendment of Cooperation
Agreement for City Hall West.
RESOLUTION NO. (REDEV) ..... : Approving the Co-Tenancy Agreement for City
Hall West.
RESOLUTION NO. (COUNCIL) ..... : Making certain findings with respect to City
Hall West.
RESOLUTION' NO. (COUNCIL) ..... : Approving First Amendment of Cooperation
Agreement for City Hall West.
RESOLUTION NO. (COUNCIL)
Hall West.
Approving the Co-Tenancy Agreement for City
City Clerk Sohl announced that the Redevelopment Agency has requested a
continuance of this public hearing for one-week.
City Attorney White. He suggested that the public hearing be opened and then
continued for one-week. He has not completed his review of the legal
documents on this transaction. It would not jeopardize the matter by allowing
an additional week. He is requesting that additional amount of time.
Chairman/Mayor Daly opened the public hearing and asked to hear from anyone
present who wishes to speak at this time; there was no response.
MOTION: Agency/Council Member Pickler moved to continue the public hearing
for one-week to Tuesday, July 20, 1993. Agency/Council Member Simpson
seconded the motion. Agency/Council Member Hunter was absent. MOTION
CARRIED.
ADJOURNMENT: Agency/Council Member Daly moved to adjourn the Redevelopment
Agency. Agency/Council Member Simpson seconded the motion. Agency/Council
Member Hunter was absent. MOTION CARRIED. (6:25 p.m.)
D2. 179: CONTINUED PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, CONDITIONAL
USE PERMIT NO. 3592 AND NEGATIVE DECLARATION:
OWNER: Jean K. Fogarty, 6671 Canyon Hills, Anaheim, CA 92807
AGENT: Ron Johnsen, 6757 Leafwood Drive, Anaheim, CA 92807
LOCATION/REQUEST: The property is located at 2880 East Lincoln Avenue
and is approximately 1.34 acres located on the south side of Lincoln
Avenue and approximately 330 feet east of the centerline of Rio Vista
Street. The request is to construct a self-service car-wash facility in
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conjunction with an existing commercial retail center with waiver of
minimum landscape setback abutting an arterial highway, minimum
landscape setback abutting a single-family residential zone boundary and
maximum fence height.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP DENIED (PC93-45) (6 yes votes, 1 no vote).
Approved Negative Declaration.
HEARING SET ON: The decision of the Planning Commission was appealed by Ron
Johnsen, agent for the applicant, and continued from the meeting of June 29,
1993 to this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - June 17, 1993
Mailing to property owners within 300 feet - June 17, 1993
Posting of property - June 18, 1993
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated April 19, 1993. Submitted
was additional staff report dated July 8, 1993 from the Zoning Administrator
Annika Santalahti noting revisions to the plans previously submitted at the
Planning Commission hearing which now eliminated all waivers and also
recommending two additional conditions by staff should the request be
approved.
APPLICANT'S
STATEMENT:
Ron Johnsen, 6757 Leafwood Drive, Anaheim. He is the
applicant, long-term resident and homeowner in the City. He
is asking for a second location of his business in the City
of Anaheim. His other is in Santa Ana where he has operated
a car wash for five years. He provides a service to the
community, it is open daily and it is lucrative and
profitable. He has had no problems and no complaints with
Code Enforcement. He has over 350 signatures of people
living in the subject community who support the car wash.
(He submitted the petition and a map of the area showing in
green those properties who signed his petition.) The
opponents have 63 signatures. A percentage of those people
who signed his petition in favor of the car wash once signed
the other petition of those opposed. When they went door to
door gathering the petitions, they brought with them the
color rendering of the proposed facility (posted on the
Chamber wall). The project was not approved by the Planning
commission. Things have changed radically. He went to the
Planning Department and asked the next steps. He complied
100% to what the written code states. The people he talked
to thought a full-service car wash was going to be there.
It will be a beautiful self-service car wash with beautiful
landscaping. It will be safe. He has incorporated brand
new equipment into the car wash. Sound levels meet code
requirements. It will use a clarifier to separate liquids
coming off the car. The vacuums are sound proofed and the
landscaping is excessive.
Mayor Daly. Mr. Johnsen indicates this is a radical departure from the
previous design. He asked the City Attorney about the appropriateness of the
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City Council considering a design that has not been seen by the Planning
Commission.
City Attorney White. The application is for a particular use under the Zoning
Code which in this case happens to be a self-service car wash. As long as the
use does not change, there is no legal requirement that the matter be referred
back. However, the City Council in the past has made it a practice if there
has been a substantial departure in the plans for the particular use, to allow
the Planning Commission to have an opportunity to review those plans before
the City Council acts. The Council has the opportunity and option to either
approve or deny the application tonight. On the other hand, the Council has
the option if it desires after having taken the public testimony, to refer the
matter back to the Planning Commission for a report and recommendation as to
the revised design and whether that changes the Planning Commission's previous
decision of denial of the application. The Council would still retain
jurisdiction.
Mr. Johnsen then introduced several speakers who support the establishment of
the car wash.
Juan Sanchez, Cleaners Emporium, 2840 E. Lincoln, Suite A, Anaheim
(Charbell/Speir/Owner). (Home address, 726 S. Orange, Santa Ana.) People
want the car wash. He went around the area. It is safe. It is a very nice
place to have a car wash. He is speaking on behalf of the dry cleaners.
Jose Dellis. He is representing Tony Garcia VCR - Express TV and VCR. (Home
address, 1234 S. Cypress, Santa Ana.) There is a need for the self-service
car wash. The area needs to look better.
Greg Bennett, Donley-Bennett Architects, 1472 Plaza Drive, Suite 101, Tustin
92680. He is the architect performing the work. They have done quite a few
car washes in and around the community and other cities. This property is not
an easy one to deal with. Quite a few other projects have been proposed on
the site and not many approved. Working from the posted plans and drawings,
he explained the specifics of the car wash noting that the white building with
the blue tile was the plan used in Chino which won an award. They feel blue
is a better image and would be compatible with the commercial as well as
residential scale in the area. This or the Terra Cota with tan stucco is
acceptable to Mr. Johnsen. The line-of-site diagram shows the proposed
landscaping and screen wall at the rear of the property as well as the
vertical and horizontal separation of the residential and proposed car wash
which is adequate to protect those people for their visual privacy. They
proposed a vine to grow up the block wall to reduce graffiti and in front, a
thorny bush. They are willing to add an additional wrought iron structure
above the 6 foot block wall that meets codes and to put bars up two feet high
to prevent people from penetrating further. He then explained the measures
taken to mitigate noise, the reduction in bays from 6 to 5, the extensive
landscaping proposed, environmental issues, etc. (See three-page letter dated
July 7, 1993 submitted by Donley-Bennett Architects giving justification in
support of the approval of the car wash which explained the project and the
changes that had been incorporated since it was heard before the Planning
Commission.) In concluding, he stated he does not think that a couple of
concerned citizens is substantial enough to deter the project from going
forward. It is a glowing example and a good solution to this difficult piece
of property. They would prefer to have the matter heard before the Council
tonight rather than refer it back to the Planning Commission although the
Commission would probably be in support this time around because there are no
negatives as far as exceptions to the code.
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Mayor Daly then asked to hear from those who wished to speak in opposition,
preferably a spokesperson although anyone is welcome to speak.
Dale Bradford, 2861 Gerald Circle, Anaheim (over 30 years). He submitted a
petition that was previously submitted at the Planning Commission hearing
protesting the proposed construction and operation of the self-service car
wash because it would substantially lower the value of their homes, create and
invite drugs, prostitution, noise, be a general nuisance as well as constant
disturbance to the peace and tranquility of the neighborhood. They are
respectfully requesting denial of the application. Further, there are four
car washes within one mile - two full-service and one self-service. He
visited the self-service car wash located within 3/8ths of a mile early one
Monday morning and found empty beer bottles, used condoms, etc. The applicant
is proposing an 8 foot block wall behind the residential properties. It will
be an 8 foot wall 12 feet from their patio which would make it difficult to
know if the sun was shining or not. None of the other car washes are adjacent
to residential properties but business districts. This proposal is a definite
detriment to their residential neighborhood.
Cliff Kaywood, 522 S. Jeanine, Anaheim. He is located 300 to 400 feet away
and has lived there for 10 years. The homes are worth $200 to $250,000. When
he lived on Bush Street, he used to use the car wash on Sycamore and East
Streets until it became unsafe to do so. They moved to this neighborhood
because of the rapid deterioration in his previous neighborhood. If they
allow this' business to invade their neighborhood, they may experience the same
situation. The police have had to respond to numerous calls in the parking
lot by Alpha Beta (Rio Vista and Lincoln). There are at least four car washes
in the area. Even though some beautiful drawings have been presented, he is
not happy about the proposal and opposes it.
Shirley Swan, 525 S. Jeanine, Anaheim (25 years).. They are an area of
residents with pre-school through college-aged children as well as retirees.
They live outside as much as inside, weather permitting. If the car wash is
allowed, there will be cars going in and out from morning until late at night
with horns honking and radios blaring. Their quality of life will not be
sustained. The acoustical engineer said the noise would be minimal. The City
has done a beautiful job downtown and the quality of life has been improved.
They gave great consideration to business locations and types. This is a
~esidential area. These areas are the backbone and strength of any city. She
would hope that the Council would give the residents the same consideration.
She questions the veracity of Mr. Johnsen. She then relayed concerns relative
to Mr. Johnsen's gathering of signatures and the things he told the neighbors.
He told one 85 year old resident that if the building was not allowed, the
property would be filled with homeless people. Council Member Hunter had
expressed his concerns previously (see minutes of June 29, 1993) stating that
what Mr. Johnsen had told the Clerk's Office was a lie. The residents
question whether Mr. Johnsen would make a good neighbor.
Betty Miller, 2857 Gerald Circle, Anaheim. The applicant has harassed the
neighborhood insisting that the people take this car wash and that they need
the car wash. He has used unethical tactics. He has missed the whole concept
of what the residents are fighting for. They are not asking for beauty but
for quality of life in their homes. They want to use and enjoy their back
yards. They will not be able to do so if they cannot control the noise that
will be generated. She went to the car wash one-quarter mile away and sat
there different days and hours to listen to what goes on. With just the human
element, there is screaming, yelling and profanity. The homeowners in the
area have suffered quite a bit from this property. She submitted a number of
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pictures which are only a few of the many that they have showing the problems
now. They have filed many complaints with Code Enforcement. There is
complete disregard from the owner of the property for their health and
welfare. The homeowner's petition only covered the immediate area because
those are the people that would be most affected. She is a 32-year resident.
She loves her home and neighborhood and would like to keep it the way it is.
The car wash is going to be open from 7:00 a.m. to 10:00 p.m., seven days a
week. They need the Council's support and ask that they reject the petition.
REBUTTAL BY
APPLICANT:
Mr. Bennett. The property has been zoned commercial for
quite some time. He agrees that commercial next to single
family is a difficult solution. That is why the mitigation
measures put forth by the Planning Department and other
departments are so restrictive. There is an inherent
conflict but this project does not aggravate that conflict.
He disagrees on all counts that the car wash will worsen
crime, drugs, violence and prostitution. There is also
economic demand for the car wash and Mr. Johnsen is the most
capable of making that decision. The 6-foot block wall is
already substantially present at the site currently. If the
neighbors want to maintain a sky view, they will respect
that by not planting trees there. The property is vacant
now and the neighbors perceive that as a benefit to them and
a buffer from the noise associated with Lincoln. There are
one or two lots that will be affected. There are concerns
that are valid but not significant enough to deter the
project. It is a good piece of infill architecture that
adheres to the code. They urge support of the project.
Mayor Daly closed the public hearing.
Mayor Daly. It is his belief one reason they require a conditional use permit
for these kinds of uses is because there are certain uses in commercial zones
not as appropriate as others. The fact that this is immediately adjacent to a
single-family neighborhood is the most significant part of the application.
He does not think a car wash is appropriate next to single-family homes and
will be moving to deny the conditional use permit consistent with the Planning
Commission decision.
Council Member Feldhaus. The way he sees it, there are about 16 residences
directly affected that did not sign the petition circulated by the applicant.
The developer states it is insignificant to have this property right next to
the residential zone. He believes it is insignificant to the applicant
because it is not his home and his long-term investment that is being
affected. In the code they provide for a transition from residential to
commercial zones. He is asking for a waiver of the landscape setback abutting
both the ~in~l~-family r~id~ntial ~on~ as well as the a~terlal highway. The
hours of operation are from 7:00 a.m. to 10:00 p.m., seven days a week. There
will be lighting as well. He does not believe this use should be contiguous
to the residential zone.
Council Member Simpson. He asked for clarification that the waivers have been
set aside by the new design; Joel Fick, Planning Director. The waivers
through the redesign of the project were eliminated.
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Council Member Pickler. The design or anything else was not the reason the
Planning Commission turned it down; Joel Fick. That is correct. While there
were concerns regarding some of the waivers, the Planning Commission had
concerns about noise from car radios, trash in the area, etc., but the
overriding concern of the Planning Commission and staff was the
incompatibility of the land use of the car wash adjacent to residential. Some
individual commissioners had comments or concerns that the commercial use
should be conducted wholly within a building that would be on that site.
Mayor Daly. He first moved to approve the negative declaration; City Attorney
White. The Council could also deny the CEQA finding. The reasons articulated
for denial of the CUP relate to the environmental issues of the use on
surrounding properties. It may be in order to deny the negative declaration.
Mayor Daly agreed.
CALIFORNIA ENVIRONMENTALQUALITY ACT FINDING: On motion by Council Member
Daly, seconded by Council Member Pickler, the City Council has considered the
proposed Negative Declaration together with any comments received during the
public review process and on the basis of the Initial Study, find that there
is substantial evidence that the project will have a significant effect on the
environment. Council Member Hunter was absent. MOTION CARRIED.
Council Member Daly offered Resolution No. 93R-154 for adoption, denying
Conditional Use Permit No. 3592 with findings as previously adopted by the
City Planning Commission. Refer to Resolution Book.
RESOLUTION NO. 93R-154: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3592.
Roll Call Vote on Resolution No. 93R-154 for adoption:
AYES: COUNCIL MEMBERS: Feldhaus, Pickler, Daly
NOES: COUNCIL MEMBERS: Simpson
ABSENT: COUNCIL MEMBERS: Hunter
The Mayor declared Resolution No. 93R-154 duly passed and adopted.
"ayor Daly. He agrees this is a hardship piece of property. The turnout from
the residents indicates the neighborhood, especially those immediately
affected, do not support the proposal.
D3. 179: PUBLIC HEARING - RECLASSIFICATION NO. 92-93-07, CONDITIONAL USE
PERMIT NO. 3602 AND NEGATIVE DECLARATION:
OWNER: Benny Quach and Connie Quach, 12561 Lucille Avenue, Garden
Grove, CA. 92641
AGENT: Sonny Phan, 8189 Joshua Circle, Buena Park, CA. 90620
LOCATION/REQUEST: The property is located at 1007 West Lincoln Avenue
and is approximately 0.14 acres located on the north side of Lincoln
Avenue and approximately 258 feet east of the centerline of West Street.
The request is to reclassify the subject property from the CG
(Commercial, General) to the CL (Commercial, Limited) Zone and also to
permit an automotive repair facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
RECLASSIFICATION No. 92-93-07 GRANTED (PC93-54).
CUP No. 3602 DENIED (PC93-55) (7 yes votes).
Approved Negative Declaration.
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HEARING SET ON: A review of the Planning Commission's decision was requested
by Council Members Pickler and Feldhaus at the meeting of June 8, 1993 and
public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - July 1, 1993
Mailing to property owners within 300 feet - July 1, 1993
Posting of property - July 1, 1993
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated May 17, 1993.
Mayor Daly. This hearing was set by Council Members Pickler and Feldhaus.
asked that they describe any questions or give comments they may have
regarding the project.
He
Council Member Pickler. Some weeks ago when he read the application regarding
this agenda item, he was under the impression it had been approved. He was
concerned and did not feel it should be used for what is planned. He
misinterpreted the Planning Commission's action. (The Planning Commission
approved the reclassification and denied the conditional use permit.) He
thereupon set the matter for public hearing which was concurred in by Council
Member Feldhaus. He confirmed for the Mayor that he is in support of the
Planning Commission action in denying the conditional use permit, but
approving the reclassification.
APPLICANT'S
STATEMENT:
Benny Quach, owner, 12561Lucille Avenue, Garden
Grove. He has been trying to make improvements for
over a year at 1007 W. Lincoln. They have received
several letters from Code Enforcement to upgrade the
building. He tried to open a flower shop and another
shop but it did not survive. He also tried to do
catering. It seemed the only solution would be to put
up more money. They cannot sell the property. He is
a commissioned mechanic. The only solution he sees is
to open something in his own field. He has already
got the loan to open a car repair shop. They got
support from Planning and Zoning to say that they
could go ahead. If they are allowed to open, it will
bring an asset to the community and a financial asset
for the City. It will not generate any noise. He is
asking the Council to give him a chance as a minority
and new citizen of the City to open the shop as the
only commissioned shop in the area.
Mayor Daly opened the public hearing.
PUBLIC DISCUSSION -
IN FAVOR:
None
PUBLIC DISCUSSION -
IN OPPOSITION:
None
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Mayor Daly closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council
Member Pickler, seconded by Council Member Simpson, 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. Council Member Hunter was
absent. MOTION CARRIED.
Council Member Pickler offered Resolution No. 93R-155 for adoption, approving
Reclassification No. 92-93-07 and offered Resolution No. 93R-156 for adoption,
denying Conditional Use Permit No. 3602. Refer to Resolution Book.
RESOLUTION NO. 93R-155: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF
CERTAIN ZONES SHOULD BE CHANGED. (Reclassification No. 92-93-07)
RESOLUTION NO. 93R-156: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3602.
Roll Call Vote on Resolution Nos. 93R-155 and 93R-156 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Pickler, Simpson, Daly
None
Hunter
The Mayor declared Resolution Nos. 93R-155 and 93R-156 duly passed and
adopted.
Council Member Pickler offered Ordinance No. 5385 for first reading.
ORDINANCE NO. 5385: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO
REZONE PROPERTY UNDER RECLASSIFICATION NO. 92-93-07 LOCATED AT 1007 WEST
LINCOLN AVENUE TO THE CL ZONE.
-~4. 176: PUBLIC HEARING - ABANDONMENT NO. 93-4A:
In accordance with application filed by the Monsanto Company, 800 N. Lindbergh
Boulevard, St. Louis, MO 63167, a public hearing was held on proposed
abandonment of that certain easement extending westerly from Allec Street to
the Southern Pacific Railroad Right-of-Way pursuant to Resolution No. 93R-93
duly published in the Anaheim Bulletin and notices thereof posted in
accordance with law.
Report of the City Engineer dated May 26, 1993 was submitted recommending
approval of said abandonment.
Mayor Daly asked if anyone wished to address the Council on Abandonment
No. 93-4A; there being no response he closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Council
Member Pickler, seconded by Council Member Simpson, the City Council finds
that the proposed activity falls within the definition of Section 3.01
Class 5, of the City of Anaheim guidelines to the requirements for an
Environmental Impact Report and is, therefore, categorically exempt from the
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requirements to file an EIR. Council Member Hunter was absent. MOTION
CARRIED.
Council Member Pickler offered Resolution No. 93R-157 for adoption, approving
Abandonment No. 93-4A. Refer to Resolution Book.
RESOLUTION NO. 93R-157: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING THAT CERTAIN EASEMENT FOR PUBLIC UTILITY PURPOSES EXTENDING
FROM ALLEC STREET TO THE SOUTHERN PACIFIC RAILROAD (ABANDONMENT NO. 93-4A).
Roll Call Vote on Resolution No. 93R-157 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Pickler, Simpson, Daly
None
Hunter
The Mayor declared Resolution No. 93R-157 duly passed and adopted.
MOTION: Council Member Pickler moved to amend the FY 1992/93 Budget by
increasing revenues in the amount of $6,575 (Account Number 101-5152) for
value of the easement. Council Member Daly seconded the motion. Council
Member Hunter was absent. MOTION CARRIED.
Cl. 179: POOL ROOM PERMIT APPLICATION - MARISSA BOBBIO:
The location of the property is at 921 and/or 923 S. Euclid Avenue. The
applicant had requested a pool room permit for 10-12 billiard tables.
Submitted was report dated June 18, 1993 from Investigator Jim Gandy
indicating that he had talked to the applicant on June 17, 1993 and during the
telephone conversation he was told by Mrs. Bobbio that she had changed her
mind about obtaining the necessary permits to allow the pool room, thus
withdrawing her application.
MOTION: Council Member Pickler moved to accept the withdrawal by the
applicant of the request for a pool room permit application. Council Member
Simpson seconded the motion. Council Member Hunter was absent. MOTION
CARRIED.
C2. COUNCIL COMMENTS:
114: JUVENILE LOITERING - PINNEY AND BERGH - PERALTA PARK:
Mayor Daly. He submitted a petition to the City Manager which was given to
him by a group of homeowners who live near Peralta Park in Anaheim Hills
plagued recently by a group of loitering juveniles who are gathering in the
area almost every evening. The problem seems to stem from lack of street
lighting or security lighting in the neighborhood. A map of the neighborhood
is included marked with where lighting needs to be added. The specific
location ia near th~ corner of Pinn~y and Bergh. The homeowners had visited
with him at his office in City Hall on Friday and he (Daly) said he would turn
the matter over to the City Manager as soon as possible. He asked the City
Manager to explore the matter and bring an assessment of the situation back to
the City Council.
ADJOURNMENT: By General Consent, the Council adjourned to Tuesday, July 20,
1993 at 2:00 p.m. for an adjourned regular meeting with the Public Utilities
Board. (7:20 p.m.)
LEONORA N. SOHL, CITY CLERK
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