1993/08/17Hall, ~,ahe!w, Cal£forn£a - COUNCIL MI~S - AUGUST 17, 1993 - 5:00 P.14.
PRESENT:
ABSENT:
PRESENT:
The City Council of the City of Anaheim met in regular session.
COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, simpson, Daly
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
DEPUTY CITY MANAGER: Tom Wood
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 12:55 p.m. on August 13, 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:
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 City School District vs. City of Anaheim, et al,
Orange County Superior Court Case No. 71-46-35.
Rosenberger vs. City of Anaheim, et al, Orange
County Superior Court Case No. 62-04-59.
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.
MOTION: On motion by Council Member Simpson, seconded by Council Member Daly,
the City Council by unanimous vote of the members present waived the
applicable agenda posting requirements pursuant to Government Code Section
54954.2(b) (2) and added the following matter to the closed session portion of
the City Council agenda upon a finding that the need to consider and possibly
act upon such matters arose subsequent to the agenda being'posted:
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City Hall, Anaheim, California - COUNCIL MINUTES - AUOUST 17, 1993 - 5:00 P.M.
f. To meet with the City's Real Property negotiatOr
concerning the possible acquisition of certain real
property located at 1551 S. Douglass Road and owned
by Herb and Ted Douglass.
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.
(5:25 p.m.).
INVOCATION: A moment of silence was observed in lieu of the invocation.
FLAG SALUTE: Mayor Pro Tem Bob Simpson led the assembly in the Pledge of
Allegiance to the Flag.
119: PRESENTATION - CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL
REPORTING:
Mayor Daly and Council Members presented and congratulated the City's Finance
Department for again being awarded the Certificate of Achievement for
Excellence in Financial Reporting, the 16th consecutive year that the award
has been won by the City of Anaheim.
Ed Zacherl, Assistant Finance Director accepted the award on behalf of George
Ferrone, Finance Director in the Finance Department. The award is given
annually by the Government Finance Officers Association and only 5% of the
cities in the United States have received the award.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition and
Commendation was unanimously adopted by the City Council and presented to
Garry McRae upon his retirement from the City of Anaheim following 31 years of
service both as Human Resources Director and Labor Relations Director.
Mayor Daly and Council Members congratulated and commended Mr. McRae on the
many years of dedicated service he gave to the City and citizens of Anaheim.
Mr. McRae commented on his tenure and the fact that there was no job he would
rather have had than being a department head in the City of Anaheim. He is
grateful to the City for that opportunity and pleased that he was able to have
made his career in Anaheim. He is looking forward to his retirement in Provo,
Utah.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,898,886.79 for the
period ending August 13, 1993, in accordance with the 1992-93 Budget, were
approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (5:35 p.m. )
Mayor Daly reconvened the City Council meeting. (5:43 p.m.)
ITEMS OF PUBLIC INTEREST:
Charles Albano, 2795 W. Lincoln, Anaheim. He gave his perception of the
business climate on west Lincoln. Reading from a prepared statement, he
stated he is employed by Clausen Enterprises, Inc., as a property manager for
approximately 63,000 square feet of retail space located on Lincoln between
Euclid and Beach. He is faced with many problems as a property manager -
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prostitutes who hang out on Lincoln, women employees approached by a
propositioning male, constant approach by panhandlers, the homeless and use of
trash enclosures for their own purposes, burglaries, graffiti, etc. Most of
these things occur on a daily basis. These incidents have resulted in their
small shops being vacant and businesses leaving the area. People are no
longer coming to west Lincoln to shop. The businesses feel ignored and
harassed by the City. He then explained why. They need help from the City
and not hindrances.
David Coombs, owner of Dave's Schwinn, at 2717 W. Lincoln (residence -
125 London Court, Anaheim). His purpose is to reiterate what Mr. Albano spoke
to - the problems they are having on west Lincoln. He has already sent a
letter to the Mayor. (Mayor Daly acknowledged that he did and that he and
Mr. Coombs had talked on the phone.) They are very serious. They need some
help. He believes if they can set up some committees, the business people
have some good ideas to deal with the situation.
Mayor Daly. He has discussed with Mr. Coombs a business property owners
association along west Lincoln. He will be following up with staff to try to
convene as many of the business owners as possible along that stretch. There
is an apartment owners property managers association which has started to meet
on a regular basis. He feels it is necessary to do the same thing for the
retail stores as well.
Dave Gosslin. He owns Cody's Western Wear. Last March he notified the
Register he was interested in relocating his business. Council Member
Feldhaus came out and showed a lot of concern about trying to clean up the
area but he has still decided to leave. He is tired of confronting the
homeless and panhandlers. He has even taken action on his own. No one wants
to come to the area. People who pay taxes and do their part should be
entitled to their rights. He does not see much happening in the City in a
positive aspect. In places like Nashville, they do not tolerate the
situations the business owners are faced with on west Lincoln. He has decided
just to get out.
Craig Clausen, his parents came to Anaheim in 1963. They operate two
restaurants and numerous retail facilities in the area. He wants to be of
help. He has made a life in the City. He is tired of looking at the
deterioration that has taken place and tired of his tenants telling him what
they are telling the Council tonight. He does not know exactly what will
remedy the situation but the problems are real and he wants to help.
Michael Brown. He runs a liquor store in Anaheim on Orangewood His concern
again is the vending trucks. He then submitted California's Health and Safety
Code regarding vending trucks - Section 27672, Item (k) which states,
"vehicular food sales shall be conducted within 60 meters (200 feet) of
approved and readily available toilet and hand washing facilities or as other
wise approved by the enforcement officer to ensure proper sanitary facilities
are available to the vehicle employee". The spirit of the law is clear. He
also read from another portion of the Health and Safety Code, "nothing in this
chapter shall prohibit a local governing body from ...prohibiting any type of
food facility ...". This is the section Newport Beach used to ban street
vendors from their city. Both of the laws have been on the books since 1984.
He concluded that either of the laws would have been helpful in controlling
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the street vendors in Anaheim. They are asking that the Council direct the
writing of a new street vendor ordinance reflecting these State laws. If not,
they are prepared to have an attorney go before a Superior Court judge and ask
for a Writ of Mandate compelling the City of Anaheim and County of Orange to
enforce the State law requiring the toilet and hand washing facilities for
produce vendors. Something has to be done now otherwise they are going to go
out of business. They need the Council's help. They are not going to go
away.
Susan Kocsis. Newport Beach has used Section 27501 for years to prevent
street vendors from operating in their City streets. This is a real
possibility for Anaheim as well. It will not be a test case. Nobody has
contested it in Newport Beach. It really works. They can have a decent
community too. Her house has been "red lined" because of the area and the
deterioration that has occurred. She also relayed some of the incidents that
have taken place at Pearson Park. She has presented two viable alternatives
for the status quo. She is sure after Mary Quarantas' speech last week and
Maggie Gonzales' speech, three weeks before, the Council must realize this is
a priority for the City. That also goes for the previous speakers. She urged
their help.
Fred Hill, he is a resident of Whittier but owns property on Mallul Drive in
Anaheim. He is present in support of the City using the ordinance previously
mentioned as a means of looking after the health of the people in Anaheim.
There is a law on the books which would require any person selling food or
produce be located within 200 feet of a toilet and a place to wash their
hands. He urged the Council to look at the law for the benefit of the
constituents.
At this point, a person from the audience addressed the Council not wishing to
give his name indicating he was a victim of a crime. He was not a resident of
Anaheim although he indicated he conducts a tremendous amount of business in
Anaheim and works in the City. His concern revolved around both the selling
and use of drugs.
Mayor Daly asked that he contact the Police Department for assistance and the
Council, in turn, will ask the Department to give them a summary of the
situation.
PUBLIC COMMENTS - AGENDA ITEMS: Public input received on Items A9, Al8, A20
and B3 (see discussion under those items).
MOTION: Council Member Simpson moved to waive reading in full of all
ordinances and resolutions to be acted upon for the Council meeting of
August 17, 1993. Council Member Pickler seconded the motion. 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-172 and 93R-173 for adoption. Refer to
Resolution Book.
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Al. 118: The following claims were filed against the City and action taken
as recommended: ~
Claims rejected and referred to Risk Management:
a. Claim submitted by Jesus Hernandez for property damage sustained
purportedly due to actions of the City on or about June 1, 1993.
b. Claim submitted by Barbara Franczak, c/o Harrison K. Long, esq., for
bodily injury sustained purportedly due to actions of the City on or
about May 24, 1993.
c. Claim submitted by James Brian Carruthers for bodily injury sustained
purportedly due to actions of the City on or about January 24 1993.
d. Claim submitted by Glenn Edward Wisniewski, c/o Mark Oring, esq., for
bodily injury and property damage sustained purportedly due to actions of
the City on or about January 25, 1993.
e. Claim submitted by Gregory D. Smith for property damage sustained
purportedly due to actions of the City on or about June 24, 1993.
f. Claim submitted by Richard Kemp for property damage sustained
purportedly due to actions of the City on or about April 11, 1993.
g. Claim submitted by Erica Lenore Howe, c/o Allen & Flatt, Inc., for
property damage and bodily injury sustained purportedly due to actions of
the City on or about June 25, 1993.
h. Claim submitted by Samuel Altamirano Hernandez, c/o Robert E. Perkins
Jr., esq., for property damage and bodily injury sustained purportedly
due to actions of the City on or about April 23, 1993.
i. Claim submitted by Mary C. Germain for bodily injury sustained
purportedly due to actions of the City on or about June 13, 1993.
j. Claim submitted by Omar Azmitia for bodily injury and property damage
sustained purportedly due to actions of the City on or about June 18,
1993.
k. Claim submitted by Stacy Melinda Forrest for bodily injury sustained
purportedly due to actions of the City on or about February 26, 1993.
1. Claim submitted by Leann Beliakoff for property damage sustained
purportedly due to actions of the City on or about May 28, 1993.
m. Claim submitted by Chris Criner, c/o Gary J. Sodikoff, esq., for
bodily injury sustained purportedly due to actions of the City on or
about November 1, 1992.
n. Claim submitted by Robert D. Rouch for property damage sustained
purportedly due to actions of the City on or about May 8, 1993.
o. Claim submitted by Frances Stockwell for property damage sustained
purportedly due to actions of the City on or about May 17, 1993.
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C£ty Hall~ Anahe£m~ Cal£forn£& - COUNCIL MINUTES - ~UOUST 17~ 1993 - ~:00 P.M.
p. Claim submitted by Naomi D. Hardin, c/o Gary J. Sodikoff, esq., for
bodily injury sustained purportedly due to actions of the City on or
about November 1, 1992.
q. Claim submitted by David J. Keulen, c/o Gary J. Sodikoff, esq., for
bodily injury sustained purportedly due to actions of the City on or
about November 1, 1992.
A2. 105: Receiving and filing minutes of the Community Redevelopment
Commission meeting held July 21, 1993.
117: Receiving and filing a Summary of Investment Transactions for the month
of July, 1993, as submitted by the City Treasurer.
A3. 150: Approving the appropriation of $52,500 from Fund 216 (Park Sites
and Playgrounds) for construction, inspection and contract administration
costs for Oak Canyon Nature Center deck improvements.
Awarding the contract to the lowest responsible bidder, Goltra Construction,
in the amount of $46,750 for Oak Canyon Nature Center deck improvements; and
in the event said low bidder fails to comply with the terms of the award,
awarding the contract to the second low bidder, as well as waiving any
irregularities in the bids of both the low and second low bidders.
A4. 101: Approving a Notice of Completion of the construction of Katella
Avenue Parking Lots 1 and 2 by Excel Paving Company, and authorizing the Mayor
to sign and the City Clerk to file said Notice of Completion.
A5. 160: Accepting the low bid of Southwest Power, Inc., in an amount not to
exceed $65,670 (plus applicable taxes and reel deposit) for 100,000 feet of
653.9 KCMIL greased ACSR wire, in accordance with Bid $5167.
A6. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to
issue a purchase order to Court Vision, Inc., in an amount not to exceed
$70,000 for a video arraignment system.
A7. 160: Accepting the low bid of Maydwell & Hartzell, Inc., in an amount of
$30,880 (plus applicable taxes), for 1,600 each, 25KV vertical post top
insulators, in accordance with Bid #5166.
A8. 128: Receiving and filing the Monthly Financial Analysis for ten months
ending April 30, 1993, as submitted by the Finance Director.
A9. 106: Approving the restructuring of revenues and expenditures in the FY
1993/94 Adopted Budget to reduce the draw on reserves from $6.3 million to
approximately $2 million.
Bruce Bottelfson, President, Anaheim Police Association. Relative to the
budget issues, he has had an opportunity to review the subject recommendation.
He did not set up all of the people who previously spoke to come and talk to
the Council about their problems. There is a crime problem in Anaheim. In
addition there are problems in just trying to maintain the City. Relative to
this item, it is a budget issue where they are going to cut multi-millions of
dollars out of the City budget. When they do that, his concern is what are
they going to do to City staffing and services. In this regard, he is
requesting a reconsideration of the Utilities Users' Tax. He knows there are
still several weeks before that is completely out of the question. He is
suggesting that they look hard at utilizing what should be extra revenues that
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have been identified to apply to some of the problems, the people have been
talking about - cleaning up the town, increase staffing not, only for police
but street maintenance, etc. - whatever is necessary. This is both his
request and he believes that of Sharon Ericson, President of the Anaheim
Municipal Employees Association. They need one more year of the Utility
Users' Tax to get the City going in the direction necessary. They do not need
any more reductions in the City budget. He is asking the Council to think
about the situation and reconsider the Utility Users' Tax and give solid
consideration to this item before acting on it.
Council Member Pickler. If the Council were to ask for a reconsideration he
asked what it would take.
City Attorney White. Technically he does not believe it would need to be a
reconsideration. Council also has the ability to consider ordinances once,
twice or an unlimited number of times. The only limitation is if the
ordinance was adopted by an initiative measure it can only be appealed or
amended by an initiative. This particular ordinance has already been the
subject of the necessary public hearing process under the Bergeson Act. The
Council could, in his opinion, introduce the same ordinance as long as it was
not changed and vote on it but not at a meeting where it was not agendized.
The Council could determine to agendize the ordinance and then vote on it. If
the ordinance is changed in any way, it would require a renoticing and an
additional 45-day period. Three affirmative votes are needed to agendize it
for another meeting to be voted on.
City Manager Ruth then explained for Council Member Pickler if the amendments
to the Adopted Fiscal Year 1993/94 Annual Budget are approved as recommended
what the results would be. (See report dated August 9, 1993 - Subject:
Amendments to Adopted FY 1993/94 Annual Budget. )
Council Member Pickler. His main concern is that they should reconsider the
Utility Users' Tax (UUT) and keeping it for another year. He is also
concerned with the additional reductions that have to be made in the various
departments. Adopting the budget without the UUT, he does not know how they
are going to be able to hire more police. He would like someone to show him
where the money would come from to hire additional police and code enforcement
people.
Council Member Simpson. He shares the concern. He does not see one as being
mutually exclusive of the other. They can pass the budget - the UUT continues
until September 30, but he feels they need to put in motion what needs to be
done to anticipate the loss of that revenue as of that moment because from
that time on it begins to compound. He supports Council Member Pickler's
contention on the UUT and always has and has not changed.
Council Member Hunter. He supported the UUT two years ago and campaigned for
it. He then again expressed his views relative to reinstituting the UUT and
his belief that if it is continued, the money generated will be voted by the
Council majority to go for programs other than hiring police officers which
are so desperately needed. He is not going to push any buttons for the UUT
unless the Council makes a commitment to hire more police officers. The
police officers have even said that they do not want the 3% raise offered if
they can get more police on the street to back them up.
Later in the meeting under Council comments, Council Member Pickler asked what
it will take for the Council to reconsider the UUT. If they do not have the
6 million dollars to work with this year they cannot do anything. His feeling
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is that it is better to keep their options open. The City Manager has the
right to look at the 6 million dollars to decide what he wants to do with it.
Nobody on the Council should dictate what to do with the money but he feels
they should get the necessary input from the City Manager. Without the UUT,
the City will have deeper problems. The safety and welfare of the community
is of the utmost importance. They can always eliminate the tax but he would
like to reconsider it.
City Attorney White. One way that can be done is to make a motion to agendize
the UUT ordinance, the 2% ordinance previously the subject of the public
hearing for a subsequent meeting.
MOTION: Council Member Pickler moved to reagendize the UUT for consideration
by the Council. Council Member Simpson seconded the motion.
Before action was taken, Council Member Feldhaus stated even if the UUT
remains in place, it is not the caveat that is going to get the City through
this budget process. There seems to be a misconception that they are going to
be able to hire more police officers if they do so.
Council Member Hunter. He noted that they did not hire more police officers
the last time with the 2% tax.
Council Member Pickler. They have hired additional policemen. He does not
know if they were hired from the 2% tax; City Manager Ruth. They did hire
more police officers with 4/10% of the UUT (.04) and put seven policemen in
the Drug and Gang Task Force.
Additional discussion followed wherein Council Member Pickler again emphasized
the need to maintain the 2% UUT to do the things necessary to maintain what
the City has even now. He pointed out in answer to Council Member Feldhaus
relative to how other cities are coping that those cities are doing what
Anaheim did in instituting a UUT and not 2%, but 4%, 6% and 8%.
Council Member Simpson. The discussion about how the City spends its money
and where is really academic. The reason is fundamentally simple. As former
Mayor Bay use to say, if there are three votes, City Hall could be painted
purple. To say there are no police officers in the budget or no safety money
is just to say it has not been put in there. The Council can say that they
want to take all that money or half of that money and hire more police
officers and continue it next year. The Council makes that determination
based on recommendations from a professional staff. He emphasized it is the
Couneil'~ d~t~rmination. Th~ Council ~t~ th~ pr£o~i~£~. They g~m ko Be
losing sight of who sets the priorities.
City Manager Ruth. If the Council wants staff to examine how that could be
done, they can come back with options that obviously will necessitate further
cuts and setting other priorities by the City Council.
A vote was then taken on the motion to agendize reconsideration of the 2% UUT
for another meeting for Council consideration and failed to carry by the
following vote:
AYES:
NOES:
ABSENT:
Pickler, Simpson
Feldhaus, Hunter, Daly
None
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Council Member Daly he pointed out for the record that there is a strong
majority of the thirty-one Orange County cities that do not' have a UUT.
Al0. 123: Approving a cost-sharing agreement (the City's share would be
approximately $30,000) with the United States of America, Army Corps of
Engineers to conduct a study to develop alternatives for prevention of further
streambank erosion within the Walnut Canyon Creek drainage area, and
authorizing the City Manager to execute the agreement.
All. 123: Approving initial study finding that the Home Participation with
Orange County Community Housing Corporation project is categorically exempt
under Federal guidelines.
Approving an Agreement for Home Program Participation with Orange County
Community Housing Corporation.
A12. 123: Approving the Fourth Amendment to the Land Disposition and
Development Agreement by and among the City of Anaheim, the Anaheim Housing
Authority, the Redevelopment Agency and Chevy Chase Partners, Incorporated.,
doing business as Park Vista Apartments.
A13. 161: RESOLUTION NO. 93R-172: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE ANAHEIM REDEVELOPMENT AGENCY TO ADOPT AND
ADMINISTER A MORTGAGE CREDIT CERTIFICATE PROGRAM IN COOPERATION WITH THE
COUNTY OF ORANGE, AUTHORIZING AN APPLICATION TO THE CALIFORNIA DEBT LIMIT
ALLOCATION COMMITTEE FOR AN ALLOCATION FOR THE ISSUANCE OF MORTGAGE CREDIT
CERTIFICATES, ASSIGNING SUCH ALLOCATION TO THE REDEVELOPMENT AGENCY AND
AUTHORIZING THE TRANSFER OF SUCH ALLOCATION TO THE COUNTY OF ORANGE.
Al4. 177: Approving a letter supporting the Housing Authority's application
for Section 8 Family Unification Certificates, and authorizing the Mayor to
sign said letter.
Al5. 177: Approving a Section 213 letter supporting the Housing Authority's
application for Section 8 Certificates and Vouchers, and authorizing the Mayor
to sign said letter.
Al6. 153: RESOLUTION NO. 93R-173: A RESOLUTION OF THE CITY COUNCIL OF.THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 92R-21 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS MIDDLE MANAGEMENT. (Creating
the classification of Community Development Financial Accounting Manager and
abolishing the classification of Community Development Fiscal Manager.)
Al7. 106.' Amending the Fiscal Year 1993/94 Budget by increasing expenditures'
in account number 101-417-3101-7413-SAFE by $5,500 for the purchase of safety
equipment to be used by Maintenance field workers.
Al8. 123: Approving an additional appropriation for the retainer agreement
with Hawkins, Delafield & Wood, in an amount not to exceed $51,500 for legal
services to revise solid waste agreements and develop new methods of setting
solid waste rates.
Jeff Kirsch, 2661W. Palais, Anaheim. Based upon some of the things he saw in
the material, he recommended that the Council not approve the subject
agreement. The City has already approved an expenditure of about $40,000 to
that same firm for that same purpose. Before spending additional funds, he
would like an explanation of the goal of these new methods of setting solid
waste rates.
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Deputy City Manager Tom Wood gave a further explanation of the recommendation
as well as the City Attorney who explained that there are not enough people on
his staff to devote the time necessary for the negotiations that are involved
without detracting from other work in the office.
After further discussion on the matter and answer to questions posed by
Council Member Feldhaus relative to cost, City Attorney White stated he
believes the amount in the contract will bring the negotiations to a
conclusion and he does not anticipate coming back and extending the contract
further.
Al9. 123: Approving an Employment Agreement with Jimmie D. Kennedy to act as
Interim Chief of Police through January 3, 1994.
A20. 123: Considering the Joint Exercise of Powers Membership Agreement for
the Orange County Regional Airport Authority (OCRAA). (Continued from the
meeting of August 10, 1993, Item Al6. )
Jeff Kirsch, 2661 W. Palais, Anaheim. This is some 20 miles away from
Anaheim. He does not know what benefit membership in this group will be for
Anaheim and does not know if regional funding will be available. Instead of
participating, he assumes this will have to go through the EIR process and at
that time, Anaheim can review and comment on the EIR.
Later in the meeting, City Manager Ruth requested an additional one-week
continuance on this item. They received a proposal from the County this
morning to restructure the Joint Powers Authority and, therefore, it would be
prudent to wait another week to get additional input.
A21. 114: Approving minutes of the City Council meetings held June 22 and
June 29, 1993.
Roll Call Vote on Resolution Nos. 93R-172 and 93R-173 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 93R-172 and 93R-173 duly passed and
adopted.
END OF CONSENT CALENDAR. NOTIONS ClRRIED.
156: SWEAR IN OF INTERIM CHIEF OF POLICE - JIMMIE KENNEDY:
Mayor Daly. One of the items on the Consent Calendar was ratification of the
appointment of an interim Police Chief for the City. The person recommended
is a familiar face to the City - the former Police Chief, Jimmie Kennedy who
will serve as Police Chief until a new permanent chief is hired expected to be
around the end of the year or the beginning of next year. The City Manager
has recommended this action to the Council. As is the custom, the City Clerk
will swear in Mr. Kennedy. The Council appreciates his willingness to serve.
He is also a resident of the City. It is comforting to have a quality,
experienced gentlemen available and prepared to serve. (Mayor Daly also asked
Mr. Kennedy's family to stand and be acknowledged.)
City Clerk Sohl then gave the oath of office to Mr. Kennedy.
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C£ty Hall, An_ahe£m, Cal£fornia - COUNCIL MI~S - AUGUST 17, 1993 - 5:00 P.M.
A22. 105: APPOINTMENTS/REAPPOINTMENT TO THE PRIVATE INDUSTRY COUNCIL:
To fill four vacancies- (Thompson, Leaman, Butler, Adams).
Submitted was report dated August 17, 1993 from Marge Pritchard, JTP Manager
attached to which was Chart A and Chart B recommending appointees both to the
Private and Public Sector categories.
City Clerk Sohl announced that one appointment is to be made from the Private
Sector and two appointments from the Public Sector and there is one
reappointment to the Private Sector now held by Tony Adams who has indicated
he is willing to continue serving on the Private Industry Council.
Mayor Daly nominated Mike Julius from Delco-Remy to the Private Sector
category.
Council Member Daly moved to close nominations, Council Member Hunter seconded
the motion. MOTION CARRIED.
Mr. Julius was thereupon unanimously appointed to the Private Industry
Council, Private Sector category.
Mayor Daly nominated Tracy Harper and Robert Griffith to the Private Industry
Council in the Public Sector categories.
Council Member Daly moved to close nominations. Council Member Pickler
seconded the motion. MOTION CARRIED.
Miss Harper and Mr. Griffith were thereupon unanimously appointed to the
Private Industry Council, Public Sector categories.
Council Member Daly moved to reappoint Tony Adams to the Private Industry
Council in the Private Sector category. Council Member Simpson seconded the
mot ion. MOTION CARRIED.
Mr. Adams was thereupon reappointed to the Private Industry Council in the
Private Sector category.
ITEMS B1 - B9 FROM THE PLANNING COMMISSION MEETING OF JULY 26, 1993
INFORMATION ONLY - APPEAL PERIOD ENDS AUGUST 17, 1993:
B1. 179: CONDITIONAL USE PERMIT NO. 3417 AND NEGATIVE DECLARATION:
0WNER~ A. G. Caggin, 413 Sharon Road, Arcadia, CA 91007
AGENT: Sim Hoffman, 585 S. Knott Avenue, Anaheim, CA 92804
LOCATION: 545-595 South Knott Street. Property is approximately 0.68
acre located at the northwest corner of Knott Street and Orange Avenue.
To delete or amend conditions of approval pertaining to the time
limitation and permitted days of operation of a previously approved
mobile medical unit within an existing medical complex.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3417 GRANTED for an additional year (to expire 6/3/94) (PC93-84)
(7 yes votes).
Negative Declaration previously approved.
B2. 179: RECLASSIFICATION NO. 91-92-19, WAIVER OF CODE REQUIREMENT,
CONDITIONAL USE PERMIT NO. 3625, TENTATIVE PARCEL MAP NO. 93-156:
597
C£t¥ Hall~ ~nahe£m~ C&l£forn£& - COUNCIL MINUTES - &UOUST 17~ 1993 - 5:00 P.M.
OWNER: Simon III & Gloria Fluor Trust, Attn: Cecil Wright, 265 S.
Anita Dr., #205, Orange, CA 92668
AGENT: Ruth Miller, 1600 Dove Street, #138, Newport Beach, CA 92660.
LOCATION: 1300 - 1382 East Auto Center Drive. Property is
approximately 8.39 acres located at the northwest corner of Sanderson
Avenue and Auto Center Drive.
For a change in zone from ML (Limited Industrial) to CL (Commercial
Limited).
To permit an automobile sales lot with accessory automotive repair with
waiver of (A) required number of trees, (B) required parking lot
landscaping, (C) minimum number of parking spaces, (D) required
landscaping abutting a street, (E) maximum number of signs, (F)
permitted location of signs and (G) minimum distance between signs.
To establish a 3-lot commercial subdivision.
ACTION TAKEN BY THE PLANNING coMMIssION:
Reclass No. 91-92-19 GRANTED, unconditionally (PC93-85) (7 yes votes).
Waiver of code requirement APPROVED, IN PART, waivers (A) and (B) were
deleted; waivers (C), (D), and (E) were denied; and waivers (F) and (G)
were approved.
CUP NO. 3625 GRANTED, IN PART (PC93-86) .
TPM No. 93-156 APPROVED; and no action taken by City Council at the
meeting of 8/3/93, Item B7.
Approved Mitigated Negative Declaration.
The decision of the Planning Commission was appealed by the applicant and,
therefore, a public hearing will be scheduled at a later date.
B3. 155: ADDENDUM NO. 2 TO EIR NO. 289, WAIVER OF CODE REQUIREMENT,
CONDITIONAL USE PERMIT NO. 3550 - REVISION NO. 1:
OWNER: K-Mart Development, 3100 West Big Beaver Road, Troy MI 48084-
3163.
AGENT: Gregory Simonoff Architects, 20101S. W. Birch Street, Suite
210, Santa Ana Heights, CA 92707.
LOCATION: 1001 to 1100 Pullman Street. Property is approximately 18.69
acres located south and west of the southwest corner of Old Canal Road
and Weir Canyon Road.
Request for approval of Revision No. 1 to Conditional Use Permit No.
3550 to permit a 169,156-square foot K-Mart "super store" (previously
ll9,215-square foot) which includes grocery sales, general retail sales,
an automotive repair center, an outdoor garden center and a free-
standing satellite dish with waiver of required site screening, required
landscaped setback and permitted roof mounted equipment.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3550 GRANTED (PC93-87) (5 yes votes, 1 no vote, and 1
abstained).
Approved waiver of code requirement.
Approved Addendum No. 2 to EIR No. 289.
Bill Tarashi, he had submitted a letter dated August 11, 1993 regarding this
item asking that the Council remove it from the Consent Calendar and set it
for a future public hearing. The letter explained what K-mart wants to do.
While the architect wants to work with the residents, K-mart does not. He
asked that Council support them in their request for a public hearing.
598
C£t¥ Hall., Anaheim, Cal£forn£a - COUNC~'L MI~S - &UGUST 17, 199:3 - 5:00 P.M.
A review of the Planning Commission's decision was requested by Council
Members Hunter and Simpson, and therefore, a public hearing' will be scheduled
at a later date.
Answering the Mayor, City Clerk Sohl stated that the most likely date for the
public hearing will be September 14, 1993. She does have Mr. Tarashi's
address and will send a notice accordingly. If there are additional addresses
he would like to submit, they would be happy to send notices to those people
as well.
B4. 179: CONDITIONAL USE PERMIT NO. 3616 AND NEGATIVE DECLARATION:
OWNER: Robert Dale Zantos and Anita Marie Zantos, 1832 North Glassell,
Orange, CA 92665
AGENT: Marilyn T. Thoms, 1832 N. Glassell, Orange, CA 92805.
LOCATION: 1190 North Kraemer Boulevard. Property is approximately 1.94
acres located on the southeast corner of Coronado Street and Kraemer
Boulevard.
To permit the retail sales of marine vehicles, trailers, parts and
accessories in conjunction with a marine product manufacturing facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3616 GRANTED (PC93-88) (4 yes votes, 2 no votes, and
1 abstained).
Approved Negative Declaration.
B5. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3622 AND
NEGATIVE DECLARATION:
OWNER: Anaheim Associates, 4631 Teller Avenue, Suite 110, Newport
Beach, CA 92660
AGENT: James W. Cabral, 1804 N. Lemon Street, Anaheim, CA 92805
LOCATION: 1804 North Lemon Street. Property is approximately 1.36
acres located on the northeast corner of Liberty Avenue and lemon
Street.
To permit retail sales and repair of boats, marine equipment,
accessories and supplies with waiver of minimum number of parking
spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3622 GRANTED (PC93-89) (7 yes votes).
Waiver of code requirement APPROVED.
Approved Negative Declaration.
B6. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3624 AND
NEGATIVE DECLARATION:
OWNER: Miller-La Palma LTD., 5775 Polaris Avenue, Las Vegas, Nevada
89118.
AGENT~ Andrew Van Ginkel, 537 W. Valencia, Fullerton, CA 92632.
LOCATION: 3401 East La Palma Avenue. Property is approximately 1.58
acres located on the northeast corner of La Palma Avenue and Miller
Street.
To permit an automobile repair facility with waiver of minimum number of
parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3624 GRANTED (PC93-90) (7 yes votes).
Waiver of code requirement approved.
Approved Negative Declaration.
599
City Hall, Anaheim, California - COUNCIL MINUTES - AUGUST 17, 1993 - 5:00 P.M.
REPORT AND RECOMMENDATION ITEMS:
B7. 179: PROPOSED CODE AMENDMENT PERTAINING TO ROOF-MOUNTED AND GROUND-
MOUNTED EQUIPME_. NT:
To consider amendments to various sections of Title 18 pertaining to
roof and ground-mounted equipment.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended adoption to City Council as revised by the City Attorney.
City Clerk Sohl noted that an ordinance will be prepared for this item to be
submitted to the Council for first reading on August 24, 1993.
B8. 166: PROPOSED CODE AMENDMENT PERTAINING TO SIGNAGE IN THE PUBLIC
RECREATION ( PR} ZONE:
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended adoption to City Council.
Council Member Simpson offered Ordinance No. 5387 for first reading.
ORDINANCE NO. 5387 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING SECTION 18.86.030 OF CHAPTER 18.86 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO SIGNS AS ACCESSORY USES AND STRUCTURES IN THE "PR"
PUBLIC RECREATIONAL ZONE.
B9. 179: CONDITIONAL USE PERMIT NO. 3556 - REVIEW OF PRECISE ROOF AND TILE
MATERIALS:
REQUESTED BY: Dick Debeikes, 2300 Michelson Dr. $200, Irvine, CA 92715
LOCATION: Property is located on the northwest corner of Weir Canyon
road and Sari Ranch Parkway.
Petitioner requests approval of roof and tile materials in conjunction
with Conditional Use Permit No. 3556 (to permit a car wash facility).
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved trim, stucco and roof tile colors as proposed and changed the
color of the tiles to black and white.
ITEM B10 FROM THE PLANNING COMMISSION MEETING OF AUGUST 9, 1993
INFORMATION ONLY - APPEAL PERIOD ENDS AUGUST 19, 1993
B10. 179: RECLASSIFICATION NO. 90-91-04 AND TENTATIVE TRACT MAP NO. 13926-
REQUEST FOR A RETROACTIVE EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF
APPROVAL:
REQUESTED BY: Robert Michelson
LOCATION: Property is located at the southern terminus of Londerry
Lane.
Petitioner requests an extension of time for Reclassification No. 90-91-
04 and Tentative Tract Map No. 13296 (approved on 7/30/90 to reclassify
subject property from the RS-A-43,000 (SC) Zone to the RS-HS-10,000 (SC)
Zone and to establish a 5-lot single-family subdivision).
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved extension of time to expire 7/30/94.
600
..
City Hall, Anaheim, California - COUNCIL MINUTES - AUGUST 17, 1993 - 5:00 P.M.
ITEM B1 ! FRO~ THE ZONING ~DMIN!STI~-TOR ME~ING OF AUGUST 5 t 1993 ~
DECISION DATEs AUGUST 12t 1993 INFORMATION ONLY - APPEAL PERIOD ENDS
AUGUST 23, 1993
Bll. 170: PARCEL MAP NO. 90-236 - TIME EXTENSION:
Richard Winn, Anaheim Disposal, Inc. 1131 North Blue Gum Avenue,
Anaheim, CA 92806
LOCATION: Property is south of Gretta, west of Blue Gum Street, and
north of La Palma Avenue.
Petitioner requests an extension of time to comply with conditions of
approval.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Approved second time extension to expire 7/9/94.
Chairman Daly reconvened the Redevelopment Agency meeting for a joint public
hearing with the City Council. (6:52 p.m.)
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.
D1. 123: JOINT PUBLIC HEARING - REDEVELOPMENT AGENCY/CITY COUNCIL:
To consider the proposed use of Redevelopment funds for public improvement
projects undertaken by the Anaheim Union High School District to benefit
Redevelopment Project Alpha or the immediate neighborhood; and to approve the
Implementation Agreement between the Anaheim Redevelopment Agency and the
Anaheim Union High School District.
Submitted was report dated August 17, 1993 from the Community Development
Department recommending approval of the proposed use of Redevelopment funds
for the subject public improvement projects and to approve the implementation
agreement.
Lisa Stipkovich, Executive Director of Community Development, briefed the
information contained in the staff report which also identified the Capital
Improvement Projects that would be covered under the implementation agreement.
Chairman Daly opened the public hearing and asked to hear from anyone who
wished to speak; there being no response he closed the public hearing.
Chairman/Mayor Daly thanked staff and expressed the Agency/Council
appr~e£a~i~n f~r ~h~ cooperation of ~h~ ~ehool district.
Agency Member Daly offered Resolution No. ARA93-14 for adoption, approving the
payment of the cost of land for and installation and construction and
rehabilitation of public improvements to be owned and operated by the Anaheim
Union High School District in the City of Anaheim. Refer to Resolution Book.
RESOLUTION NO. ARA93-14: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
APPROVING THE PAYMENT OF THE COST OF LAND FOR AND INSTALLATION AND
CONSTRUCTION AND REHABILITATION OF PUBLIC IMPROVEMENTS TO BE OWNED AND
OPERATED BY THE ANAHEIM UNION HIGH SCHOOL DISTRICT IN THE CITY OF ANAHEIM.
601
City Hall, Anaheim, California - COUNCIL MINUTES - AUGUST 17, 1993 - 5:00 P.M.
Roll Call Vote on Resolution No. ARA93-14 for adoption:
AYES:
NOES:
ABSENT:
AGENCY MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
AGENCY MEMBERS: None
AGENCY MEMBERS: None
The Chairman declared Resolution No. ARA93-14 duly passed and adopted.
Council Member Daly offered Resolution No. 93R-174 for adoption, approving the
payment of the cost of installation, construction and rehabilitation of public
improvements to be owned and operated by the Anaheim Union High School
District in the City of Anaheim. Refer to Resolution Book.
RESOLUTION NO. 93R-174: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING THE PAYMENT OF THE COST OF INSTALLATION, CONSTRUCTION AND
REHABILITATION OF PUBLIC IMPROVEMENTS TO BE OWNED AND OPERATED BY THE ANAHEIM
UNION HIGH SCHOOL DISTRICT IN THE CITY OF ANAHEIM.
Roll Call Vote on Resolution No. 93R-174 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Resolution No. 93R-174 duly passed and adopted.
ADJOURNMENT - REDEVELOPMENT AGENCY: Agency Member Daly moved to adjourn,
Agency Member Pickler seconded the motion. MOTION CARRIED. (6:57 p.m. )
D2. 108: PUBLIC HEARING - EXTENSION OF INTERIM ORDINANCE NO. 5386
PROHIBITING "ADULT ENTERTAINMENT BUSINESSES" WHILE THE CITY IS STUDYING A NEW
ZONING PROPOSAL RELATING TO SUCH USES:
To consider the adoption of an ordinance as an emergency measure extending
interim Ordinance No. 5386 temporarily prohibiting adult entertainment
businesses in the City of Anaheim for an additional 45 days, to expire on
October 20, 1993.
Submitted was report dated August 9, 1993 from the City Attorney recommending
that a public hearing be conducted on this matter and thereafter that an
ordinance be adopted as an emergency measure extending the interim Ordinance
No. 5386 temporarily prohibiting adult entertainment businesses in the City of
Anaheim an additional 45 days to expire October 20, 1993 (changed to
October 22, 1993).
city Attorney White briefed his report and subsequently recommended that the
Council after holding the public hearing extend the current 0rdinance an
additional 45 days. He pointed out that although the staff report says to
October 20, 1993, after recalculating, it is instead October 22, 1993. By
interlineation, he is making that correction in the staff report and the
proposed ordinance.
Mayor Daly opened the public hearing and asked to hear from anyone who wished
to speak.
PUBLIC DISCUSSION -
IN FAVOR:
None
602
C£t¥ Hal].r Anahe£mr Californ£a - COUNCIL MINUTES - AUGUST 17, 1993 - 5**00 P.M.
PUBLIC D! SCUSS!ON -
IN OPPOSITION**
None
Mayor Daly closed the public hearing.
City Attorney White then read Ordinance No. 5388 in full.
ORDINANCE NO. 5388 - URGENCY: Extending Ordinance No. 5386, an interim
measure prohibiting certain uses of property which may be in conflict with a
zoning proposal the City is studying, and declaring that this ordinance is an
urgency measure which shall take immediate effect.
Council Member Pickler offered Ordinance No. 5388 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 5388: AN ORDINANCE OF THE CITY OF ANAHEIM EXTENDING ORDINANCE
NO. 5386, AN INTERIM MEASURE PROHIBITING CERTAIN USES OF PROPERTY WHICH MAY BE
,N CONFLICT WITH A ZONING PROPOSAL THE CITY IS STUDYING, AND DECLARING THAT
THIS ORDINANCE IS AN URGENCY MEASURE WHICH SHALL TAKE IMMEDIATE EFFECT.
Roll Call Vote on Ordinance No. 5388 for adoption~
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 5388 duly passed and adopted.
Cl. COUNCIL COMMENTS:
Discussed under Item A9 (Utility Users' Tax for Council reconsideration).
ADJOURNMENT: By general Council consensus the meeting was adjourned.
(7:16 p.m.)
LEONORA N. SOHL, CITY CLERK
603