1996/09/10CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES
SEPTEMBER 10, 1996
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Tom Tait, Bob Zemel, Frank Feldhaus, Lou Lopez, Tom Daly
COUNCIL MEMBERS: None
ACTING CITY MANAGER: Dave Morgan
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ASSISTANT CITY CLERK
PUBLIC UTILITIES GENERAL MANAGER: Ed Aghjayan
CODE ENFORCEMENT MANAGER: John Poole
LIEUTENANT POLICE DEPT.: Tom O'Donnell
PLANNING DIRECTOR: Joel Fick
PUBLIC WORKS DIRECTOR/CITY ENGINEER: Gary Johnson
CIVIL ENGINEER - DEVELOPMENT SERVICES: Natalie Meeks
ASSISTANT GENERAL MANAGER FINANCE AND ADMINISTRATION: Mike Bell
ZONING DIVISION MANAGER: Greg Hastings
TRAFFIC & TRANSPORTATION MANAGER: John Lower
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 11:30 a.m. on
September 6, 1996 at the Civic Center Kiosk, containing all items as shown herein.
Mayor Daly called the Council Meeting of September 10, 1996 to order and welcomed those in
attendance to the Workshop portion of the meeting. (3:20 p.m.)
Acting City Manager, Dave Morgan, introduced Ed Aghjayan, Public Utilities General Manager who will
be making the first Workshop presentation today on Electric Industry Restructuring.
175: ELECTRIC INDUSTRY RESTRUCTURING: Ed Aghjayan, Public Utilities General Manager. His
presentation, City of Anaheim -- Plan for the Competitive Future -- was supplemented by slides, hard
copies of which were submitted to the Council and also made a part of the record. Among the topics
covered in the presentation were the following: the current and future situation in the electric industry
with emphasis on Anaheim, a main component being that the City Council will decide if it wishes to give
customers direct access for generation where pricing would be determined by a competitive market
place, impact of the passage of AB1890 by the State Legislature on August 31, 1996. Under direct
access, the (Anaheim) customer could elect to buy power from a supplier other than Anaheim, Anaheim
would deliver the power to that customer and charge the customer for all distribution activities. A
possible target date for direct access for customers is 2005. It is anticipated there will be a five-year
phase-in period although the law gives 11 years. The Council has to make an election prior to July 1,
1990 on providing direct access.
O[her topics covered, "How Will it All End" -- Anaheim will be able to recover all ~stranded costs"
th?ough a contractual agreement, direct access sales may impact General Fund transfers, what
restructuring means to the community, issues still to be resolved, etc. He also briefed material
previously given to the Council in earlier workshops on electric industry restructuring and also elaborated
upon additional opportunities and strategies for the future. He defined stranded costs (that portion of
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES SEPTEMBER 10~ 1996
generation costs above market cost) which costs as of 1996 total $316 million but which will be reduced
to zero by FY2005. He explained the possible bond impacts in the near term. At the present time,
Anaheim's Standard & Poor ratings are presently higher than all investor owned utilities (IOU's) in
Califomia. There will be a pedod of time when investor owned utilities will have paid down their stranded
costs and will not be charging for those costs but Anaheim will. Short-term borrowings are planned. The
Utilities Department will be working on all of these issues with the Public Utilities Board to come up with
recommendations which will ultimately be presented to the Council.
In closing his presentation, Mr. Aghjayan explained what the changes will mean in terms of economic
impacts on the community (electricity costs should decline even more, transfers to the City may decline
somewhat, economic activity will increase leading to more jobs) and also how the community has gained
for having its own utility (lower rates save residents and businesses over $27 million annually compared
to Southern California Edison, City receives over $20 million in transfers, right-of-way fees and sharing in
other City costs, Utility programs designed to complement and support City/Community goals, regulated
by City Council and thus there is local control.)
Mayor Daly and Council Members posed questions relative to decision dates, what it will take to
convince rating agencies to look more favorably on the situation, regulations relative to those customers
choosing direct access, etc., which were answered by both Mr. Aghjayan and John O'Brien, O'Brien
Partners Inc., the City's financial advisor.
Mayor Daly thanked staff and those involved for the informative presentation. The Council will
look forward to further updates.
Dave Morgan, Acting City Manager. The next Workshop presentation is a cooperative effort by several
departments. Leading the presentation is John Poole, the City's Code Enforcement Manager.
149: HASTER-ORANGEWOOD NO STREET PARKING PROJECT EVALUATION: John Poole, Code
Enforcement Manager. (Submitted was detailed report entitled -- Haster-Orangewood No Parking
Project Evaluation attached to which were letters to the Police Department from property owners and a
resident in the subject area relative to the benefits of the no-parking restrictions and in support of the
initiative previously imposed -- made a part of the record). When the City Council established the no
parking zone, it was a one-year parking restriction and the Council asked staff to monitor the situation to
see what impacts there were. Staff reported back in six months and now over a year has passed and
this is a follow-up report. He referred to the report submitted noting that his presentation will brief the
highlights contained therein. A video will also be presented, the Police Department will make a
presentation, and subsequently he (Poole) will bdef the criteda to be used for determining neighborhoods
where restricting on-street parking would assist in neighborhood improvements. (See last sheet attched
to the report - "Cdteda for Determining if Public Street Parking Should be Restricted to Facilitate
Neighborhood Improvements in a Particular Area".) He then discussed the more favorable apartment
unit vacancy rates which rates have been reduced since the program was imposed (June, 1996 to June,
1996), and the dramatic improvement in the visual appearance of the neighborhood. He then introduced
Lt. Tom O'Donnell who will give the Police presentation.
Lt. Tom O'Donnell first briefed the statistics presented on page 2 of the report (calls for Police
services/criminal activity) which showed that because of the no-parking initiative, calls for Police services
de,,creased each month dudng the survey pedod (August-December 1994/95 and January-May, 1994/95)
for an overall decrease of 37%. Part I crimes decreased 52% and Part II crimes decreased 84% or a
significant decrease in criminal activity in the neighborhood affected. He then showed an approximate
five-minute video which showed the Haster-Orangewood Area before the no-parking restriction and the
dramatic improvement which occurred after the initiative had been put into place.
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CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES SEPTEMBER 1071996
Mr. Poole referred to the cdteria established by the subcommittee for determining those neighborhoods
where restricting on-street parking would assist in neighborhood improvements (see last page of the
report) and noted that the committee has suggested that the JeffreyoLynne and Rose-Bush-Vine
neighborhoods be the next areas to be considered for implementation of the restricted parking program.
He then answered questions posed by Council Member Lopez regarding effects on surrounding
residential neighborhoods when no-parking restrictions are imposed adjacent to those neighborhoods.
Council Member Feldhaus was of the opinion that matters should be handled on a case-by-case basis
rather than estalishing some pdor criteria. He feels they should be holding neighborhood meetings in
those areas to determine what can be done and how the program has worked in other areas.
John Poole. Before any areas are approached, staff determines if there is any interest at all through
meetings with owners and tenants. He explained the process followed. No restrictions would be
imposed without dialogue with tenants, owners, staff and everyone involved; Council Member Feldhaus.
He knows that some owners feel they are being penalized by red-lining curbs, etc., and feels they should
be allowed to police themselves.
Mayor Daly noted that the committee suggested Jeffrey-Lynne and Rose-Bush-Vine be the next two
areas to be considered. He believes those are very worthwhile future targets and asked that staff give
information about timing and cooperation of property owners. He then posed questions regarding
replacement of lost parking spaces by concrete slab or asphalt, if those required permits from the City, or
if the policy is that any apartment owner in Anaheim can now simply concrete over a play area or dirt
area and create parking.
John Poole. Permits are not required, but the owner cannot concrete over open space or required
setback area. The areas paved were spaces near garages or carport areas.
Mayor Daly assumed a site plan would have been approved when the apartment was built indicating
designated parking.
Joel Fick, Planning Director. In some cases, there are site plans but apartment projects that were built
entirely in conformance with building standards and met the codes at that time, there would not be a
CUP or zone change site plan. They would have to maintain the landscaped setbacks required adjacent
to the streets as well as the open space.
Council Member Tait. He is encouraged by the vacancy rate decrease. He would like to see a formal
survey of the Haster-Orangewood owners since he surmises that in hindsight, the owners would certainly
now be in favor of the no-parking restrictions and it would be a good selling point to other neighborhoods
that it does, in fact, work; Mr. Poole agreed that it would be a good selling point.
Council Member Zemel. He would encourage that every property owner on the street be included and
have dialogue before further recommendations are brought to the Council.
Council Member Lopez. He commended the Police and staff for the great job done in the subject
neighborhood. He would support instituting the program not only in Rose-Bush-Vine and Jeffrey-Lynne,
but also Aha Drive. The results are worth the effort. He feels they should all be done together instead of
revisiting them and as quickly as possible.
John Poole. Since the report was put together, some apartment owners on Balsam Street asked staff to
look at that area as well. He wants to be certain it is clear, staff is not going to do anything without first
talking to the people involved. He assured there will be a lot of dialogue. Because the program has
w~ked so well, staff is recommending maintaining the no-parking restrictions in the Leatdce-Wakefield
area indefinitely and meeting with the neighborhood on the issues.
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CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES SEPTEMBER 10, 1996
Mayor Daly. He asked when staff will be bringing the next project to the Council whether it is Jeffrey-
Lynne, Rose-Bush-Vine, or Balsam.
John Poole. Staff just completed the parking survey at Jeffrey-Lynne and hope to move forward and
start meeting with the neighbors and tenants in the month of October. Depending on the problems
encountered, they will hopefully come back to the Council before the end of the year to ask for the
resolution but many things have to be accomplished before doing so, Staff is also looking at Balsam (off
East Street) which may be another area before the end of the year. The Rose-Bush-Vine area has
inherent problems because of the proximity of the single-family neighborhoods to the north and south.
Mayor Daly. He agrees with Council Member Lopez. It is worth moving forward and if need be,
attacking two or three neighborhoods simultaneously. Council is assured staff will work with the
neighborhoods as they have done in the past. He reiterated the Haster/Orangewood project has been a
great success and appreciates the extensive staff work and cooperation between the departments. One
ddve through the neighborhood on a Fdday evening says it all. He looks forward to continued progress
regarding this issue.
REQUEST FOR CLOSED SESSION:
City Attorney Jack White requested a Closed Session noting first that there were no additions to
Closed Session items.
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
There were no public comments relative to Closed Session items.
The following items are to be considered at the Closed Session.
CONFERENCE WITH LABOR NEGOTIATOR
Agency negotiator: Dave Hill
Employee organization: Anaheim Fire Association
Association.
and Anaheim Municipal Employees
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (a) - EXISTING LITIGATION
Name of case: Mulford v. City of Anaheim, Orange County Supedor Court Case No. 74-83-94.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (a) - EXISTING LITIGATION
Name of case: Trinidad v. City of Anaheim, United States District Court Case No. SAV-96-31-
AHS (EEx).
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (a) - EXISTING LITIGATION
Name of case: United States v. Montmse Chemical, et al., United States District Court Case
No. CV 90-3122-AAH (JRx).
4
CITY OF AN,A. HEIM~ CALIFORNIA - COUNCIL MINUTES SEPTEMBER 10~ 1996
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (a) - EXISTING LITIGATION
Name of case: Nolan v. City of Anaheim, Orange County Supedor Court Case No. 74-72-63.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to subdivision (c) of Section 54956: one potential case.
RECESS:
Mayor Daly moved to recess into Closed Session.
motion. MOTION CARRIED. (4:25 P.M.)
Council Member Feldhaus seconded the
AFTER RECESS:
The Mayor called the meeting to order, all Council Members being present, and welcomed those
in attendance to the Council meeting. ( 5:42 p.m.)
INVOCATION:
Reverend Ford R. Miller, West Anaheim United Methodist, gave the invocation.
FLAG SALUTE:
Council Member Tom Tait led the assembly in the Pledge of Allegiance to the Flag.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by
the City Council and presented to Joe Ersek recognizing his 20 years of service as a member of
Anaheim's Housing Commission. Mayor Daly elaborated upon Mr. Ersek's contributions to the
Commission during a time of remarkable growth in Anaheim as well as the time and energy he devoted
to the Boy Scouts, Rotary Club and the Roman Catholic Church among other community activities.
Mr. Ersek accepted the Declaration recalling his 50 years living in Anaheim knowing from the start that
Anaheim was the place he wished to spend his life.
Mayor Daly and Council Members personally commended Mr. Ersek and thanked him on his life-time
achievements and his commitment to the Housing Commission and citizens of Anaheim.
RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT
ANOTHER TIME:
PROCLAMATION recognizing September 22, 1996, as American Business Women's Day in
Anaheim.
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CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES SEPTEMBER 10, 1996
'1
PROCLAMATION recognizing September 23 - 27, 1996, as Lawsuit Abuse Awareness Week in
Anaheim.
DECLARATION recognizing Cypress College on their 30th Anniversary.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,866,696.04 for the period ending
August 26, 1996, $3,980,333.83 for the pedod ending September 3, 1996 and $1,564.151.91 for the
pedod ending September 9, 1996, in accordance with the 1996-97 Budget, were approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing
Authority meetings. (5:53 p.m.)
Mayor Daly reconvened the City Council Meeting (6:03 p.m.)
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
James R. Brown, t20 N. Tiana, Anaheim. (Mayor Daly stated here that he received a copy of Mr.
Brown's message today.) He has been a resident of Anaheim for 11 years. On August 27, 1996, he
received a letter from William Sell, Treasury Manager stating that, as an independent insurance agent
working primarily from his home, he would now have to come to City Hall and pay what, in his opinion, is
an exorbitant and inequitable business license fee, the same that physicians, attorneys and State
licensed people must pay with the exception of real estate agents who complained to the City and were
charged only one half the rate. The explanation given was that since he does not work for State Farm,
Metropolitan, New York Life, etc., but is a Broker, he is liable for some fee to be paid. In addition to the
$150, he was told he would have to pay a $27 processing fee and go to the Planning Division and pay
another $27 to make sure he has plugged in all his equipment properly at his desk. He has acted as a
State licensed life and disability agent for 27 years. The majority of his work is not conducted in his
home but other people's offices and homes. He has no employees or payroll. He is a wholesaler and
not a retailer. He feels the fee is inequitable for a person who works out of his home.
Mayor Daly. The Council received correspondence from the North Orange County Real Estate
Association concerning fees that are beginning to be collected from the realtor's group. The City
Manager will follow up with a report on that and when he does so also address the issue Mr. Brown just
presented and give the Council a follow-up report on the current state of the City's business license fee
structure compared to nearby cities.
Dave Morgan, Acting City Manager. The City's business license ordinance has been refined and
adjusted over the years, most recently 1992 and 1994, Recent efforts have been made to put equity into
the system and a recent outreach to make sure people doing business in the City are licensed. The
City's history is not one of favoritism but consistency, fairness and equity and to be competitive with
surrounding cities. Staff has been directed to back off on the outreach effort at this time and to come
back to the Council with a comprehensive recommendation. The City also has a history of working with
the business community in this regard and will do so again.
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES SEPTEMBER 10~ 1996
Council Member Zemel stated he wants to be sum the outreach program is on hold; Dave Morgan. Staff
is continuing to enfome the ordinance but not actively going out and performing outreach until some
concerns are addressed. Staff will also get back to Mr. Brown.
Ken Fisher, Pepperwood Village Town Homes, 1415 W. Cerdtos Avenue. #51 Anaheim, He first made a
comment relative to the, what he felt to be a dispropotionste business license fee he had to pay when he
had a small business in his home;however, he was present to speak to what he feels are two other
related issues, Approximately a year ago, he spoke to the Council regarding a shopping cart in the
channel where the railroad tracks cross Cerritos and the possibility that it was going to cause a dam and
subsequently flood. About two weeks ago there were roughly eight shopping carts in that same location
and that is when he called Council Member Lopez, He then elaborated on his concerns relative to the
unlawful removal of shopping carts from stores and centers. He considers the shopping cart situation in
the City a mess,
Upon the urging of the Mayor who asked him (Fisher) what he would like the City to do, Mr. Fisher stated
that a possible solution may be to issue a ticket to the perpetrators the same as a parking ticket. Another
possible solution, if the store owners do not want to stop people from taking shopping carts, then the City
should pick up the carts and charge the stores for reclaiming them. He wants the City to do something to
stop the thievery.
He then broached the other issue which he feels also shows contempt for the law, that of vandalism that
occurred in his complex, the Peppeiwood Village. A number of "gang youths" proceeded to smash the
windows of many cars on Sunday night. Pepperwood needs to be a gated community and he believes
they need a variance to get that. He feels they are living in a state of siege. If they do not get results,
they are going to have to get a petition of the residents to present to the City. He clarified for the Mayor
that they have applied for a gated community but were tumed down because they were told it would
create traffic problems.
John Lower, Traffic and Transportation Manager. He has had one meeting with the Homeowner's
Association representatives of Pepperwood and also Kaleidoscope. Staff is working with them on the
possibility of a gated community and have developed some ideas for them and cost estimates will be
obtained. No vadance is needed. Staff has known about the request for about one week.
Mayor Daly, The Council will look fonNard to moro information from staff on the progress of this matter.
Another gentleman from the audience stated he supports what Mr. Fisher said. He has been living at
Pepperwood Village for five years. He is a member of the Homeowner Association Board. He has three
cars and they have been vandalized. There are about 400 units in Pepperwood Village. His request has
been answered by Mr. Lower but he is also requesting that in any case, there be more Police patrolling of
the area which he feels will help the situation greatly.
PUBLIC COMMENTS - AGENDA ITEMS:
Public input was received on Item A4, A8, Al0, A26 and A30 (see discussion under those items),
7
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES SEPTEMBER 10, 1996
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for
the Council meeting of September 10, 1996. Council Member Zemel seconded the motion.
MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Mayor Daly, seconded by
Council Member Zemel, the following items were approved in accordance with the reports, certifications
and recommendations furnished each Council Member and as listed on the Consent Calendar; Mayor
Daly offered Resolution Nos. 96R-151 through 96Ro156, both inclusive, for adoption. Mayor Daly offered
Ordinance Nos. 5576 and 5577 for adoption and offered Ordinance No. 5578 for introduction. Refer to
Resolution/Ordinance Book.
Al.
A2.
A3.
118: Rejecting and denying certain claims filed against the City. Referred to Risk Management.
The following claims were filed against the City and actions taken as recommended:
a. Claim submitted by Ron Alvarez c/o Daniel P. Stevens, Esq. for bodily injury sustained
purportedly due to actions of the City on or about January 21, 1990.
b. Claim submitted by Paul E. Murphy for property damage sustained purportedly due to actions
of the City on or about June 9, 1996.
c. Claim submitted by Michael Ayzin, DDS for property damage sustained purportedly due to
actions of the City on or about July 13, 1996.
d. Claim sul~mitted by Armando Morales c/o steven D. Telish, Esq. for bodily injury sustained
purportedly due to actions of the City on or about April 21, 1996.
e. Claim submitted by Charles Hoger for property damage sustained purportedly due to actions
of the City on or about June 5, 1996.
f. Claim submitted by Richter Farms & Richter Farms Trust dba Rancho La Paz for property
damage sustained purportedly due to actions of the City on or about June 1, 1996.
g. Claim submitted by Jodie Lynn Baldwin & Lance M. Landers c/o Jacobson & Associates for
bodily injury sustained purportedly due to actions of the City on or about July 15, 1996.
105: Receiving and filing minutes of the Anaheim Public Library Board meeting held July 3,
1996.
105: Receiving and filing minutes of the Telecommunications Policy Advisory Committee
meeting held Mamh 21, 1996.
128: Receiving and filing the Monthly Financial Analysis, as submitted by the Director of
Finance, for one month ended July 31, 1996.
169: Awarding a contract to the lowest responsible bidder, R.J. Noble, in the amount of
$787,583.86 for Brookhurst Street Street Improvements Orange Avenue to Harriet Lane; and in
the event said Iow bidder fails to comply with the terms of the award, awarding the contract to the
second Iow bidder, as well as waiving any irregularities in the bids of both the Iow and second
Iow bidders.
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES SEPTEMBER 10~ 1996
158: Finding and determining that the sale of City-owned property (located at the northwest
comer of Santa Ana Canyon Road and Maude Lane) is in the best interest of the City, in
accordance with Section 1222 of the City Charter; accepting the offer received in the amount of
$6,000 from Mr. Isam Hanna; and authorizing the Mayor and City Clerk to execute the Grant
Deed.
Council Member Lopez posed questions relative to the size of the property and the selling price of
$6,000 which he feels is not very much money for property facing Santa Ana Canyon Road.
Natalie Meeks, Civil Engineer, Public Works Department. She explained it is a triangular piece of
property adjacent to the Savi Canal; Gary Johnson, Public Works Director/City Engineer stated it was
approximately 50' at the shortest portion of the triangle, and about 230' at the longest.
Ms. Meeks further explained that the appraisal did take into consideration the extensive roadway
improvements that would be required for development of the property that reduced its value. There is a
rezoning action on the property right now that is a part of tonight's agenda. They are combining it with
the adjacent Savi Canal in order to develop an office building. There was a Public Hearing before the
Planning Commission on the matter and surrounding residents were notified. Staff is comfortable with
the $6,000 since it was all calculated out.
A5.
123: Approving a First Amendment to Agreement with Daniel E. Clark, AIA and Company, in an
amount not to exceed $8,000 for the redesign of the Site Plan and Project Report for the
Functional Replacement of Fire Station No. 3.
A6.
123: Approving State-Local Transportation Partnership Program Agreements No. SLTPP - 5055,
(California Department of Transportation) La Palina Avenue - Kraemer Boulevard to Grove
Street and Anaheim Boulevard - Ball Road to Cerritos Avenue Program Supplement No. 017
and 018 for street improvement projects.
A7.
123: Approving State-Local Agency - State Agreement No. 12-5055, Supplement No. 089 for
Lincoln Avenue from Western Avenue to Knott Avenue for rehabilitation and/or reconstruction of
the existing street pavement.
A8.
176: RESOLUTION NO. 96R-151: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN STREETS, HIGHWAYS,
AND SERVICE EASEMENTS; AND SETTING A DATE AND TIME TO CONSIDER
ABANDONING THE WATER, ELECTRICAL AND ROAD EASEMENTS AT 1520 NORTH
LEMON STREET. (ABANDONMENT NO. 96-5A) (Suggested public hearing date: October 8,
1996, at 6:00 p.m.)
Council Member Tait. He declared a potential conflict on this item and will, therefore, be abstaining from
any action taken.
A9. 150: Rejecting all bids submitted for the Edison Park Secudty Lighting Project.
Al0.
123: Approving a First Amendment to Agreements with Joseph A. Hennessey and Donahue &
Company, Inc., for appraisal services, in respective amounts not to exceed $200,000 annually
and $300,000 annually in connection with projects in the Anaheim Resort Area and the Public
Works Capital Improvement Projects.
Council Member ZemeL He is concerned about the impact on the budget of the proposed expenditure
especially with regard to the Transient Occupancy Issue, Measure B on the November ballot where he
has been told some of the Anaheim Resort projects are in jeopardy if the measure is not approved.
9
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES SEPTEMBER 10, 1996
Gary Johnson, Public Works Director/City Engineer. The bulk of the work under this proposal is the
Smart Street Project which is Measure M funded and also the Anaheim Resort Project. Staff has done a
cash-flow analysis that will take them to November. They have not taken any actions or issued contracts
that would exceed the present fund balance. Depending on what happens in November, they will go
forward from that point.
Dave Morgan, Since this is a not-to-exceed agreement, if for some reason they backed off, they would
not need to spend the money.
All.
A12.
A13.
A14.
A15.
A16.
A17.
167: ORDINANCE NO. 5578: (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING CHAPTER 14.40 OF THE ANAHEIM MUNICIPAL CODE PERTAINING
TO SPEED LIMITS ON CERTAIN STREETS. (GLENVIEW AVENUE - 25 MPH FROM
KELLOGG DRIVE TO ORANGETHORPE AVENUE; HOLBROOK STREET - 25 MPH FROM
KELLOGG DRIVE TO ORANGETHORPE AVENUE; JEFFERSON STREET - 45 MPH FROM
ORANGETHORPE AVENUE TO TUSTIN AVENUE; RICHFIELD ROAD - 45 MPH FROM
NORTH CITY LIMITS TO LA PALMA AVENUE; AND SEQUOIA AVENUE - 30 MPH FROM
BROOKHURST STREET TO LA PALMA AVENUE.)
160: Accepting the bid of Industrial Asphalt, in an amount not to exceed $30,000 for asphalt
paving materials for a period of one year beginning August 1996 with options to renew for an
additional three years, in accordance with Bid #5562.
160: Accepting the Iow bid of Air Products and Chemical Company, in an amount not to exceed
$50,700 for Cryogenic Liquid Oxygen to be delivered to the Lenain Filtration Plant for a period of
one year beginning August 1996, in accordance with Bid #5565.
160: Accepting the Iow bid of R. J. Noble Company, in an amount not to exceed $200,000 for
the rental of asphalt equipment, including operator, for a period of one year beginning in
September 1996, with options to renew for an additional three years, in accordance with Bid
#5563.
160: Accepting the Iow bid of West-Lite Supply Company, in the amount of $277,813.02 for
4,036 H.P,S. luminaires; and 60 polycarbonate shields, in accordance with Bid #5564.
160: Authorizing the Purchasing Agent to issue Purchase Orders in an amount not to exceed
$698,000 for the purchase of approximately 281 transformers to be used by the Public Utilities
Department.
160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a Purchase
Order to Xerox Corporation, in an amount not to exceed $40,000 for Xerox 4024DP White Bond
as required for the pedod October 1, 1996 through June 30, 1997.
A18. 123: Approving a First Amendment with Landscape West, Inc., in an amount not to exceed
$24,031.76 for the period of October 5, 1996, through October 4, 1997, for landscape
maintenance at Civic Center East and the maintenance facility, in accordance with Bid #5309.
A19. ~ ORDINANCE NO. 5576: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
CHAPTER 1.10 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO TRANSFER OF
PUBLIC RECORDS. (Introduced at the meeting of August 20, 1996, Item A13.)
169: Authorizing the Mayor to sign a stipulation waiving any laches defense in the event
litigation is commenced by Holmes & Narver at the conclusion of the Digital Communications
System public works project.
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CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES SEPTEMBER 10, 1996
A22.
179: ORDINANCE NO. 5577: AN ORDINANCE OF THE CITY OF ANAHEIM REZONING
PROPERTY AT 1400 SOUTH DOUGLASS ROAD FROM THE RS-A-43,000 (MHP)
(RESIDENTIAL/AGRICULTURAL, MOBILEHOME PARK OVERLAY) ZONE TO THE RS-A-
43,000 (RESIDENTIAL/AGRICULTURAL) ZONE (RECLASSIFICATION NO. 94-95-06).
(Introduced at the meeting of August 20, 1996, Item A14.)
123: Approving a Cooperative Agreement with the California Department of Education, in the
amount of $75,000 for the period of July 1, 1996 - June 30, 1997 to development a collaborative
education and training program for JTPA eligible students for school to career systemic reform
efforts; and authorizing the JTP Manager to execute any necessary subcontract agreements and
modifications to said Agreement.
A23.
123: Approving a Cooperative Agreement with California Department of Education, in the
amount of $98,998 for the period of July 1, 1996 - June 30, 1997, to provide basic skills
remediation to GAIN clients (JTPA Program),
A24.
123: Approving a Cooperative Agreement between the City of Anaheim and the California
community colleges in the amount of $75,000 for the period of July 1, 1996 - June 30, 1997;
and authorizing the JTP Manager to execute any necessary subcontract agreements and
modifications thereto.
A25.
123: Approving a JTPA Agreement between the City of Anaheim and the Anaheim Union High
School District, in the amount of $551,200 to provide for work experience and related academic
enrichment activities for youth participants; and authorizing the City Manager to execute said
Agreement and any modifications thereto.
Approving a JTPA Agreement between the City of Anaheim and the North Orange County
Regional Occupational Program, in the amount of $210,000 to provide work experience and
related academic enrichment activities for JTPA youth participants; and authorizing the City
Manager to execute said Agreement and any modifications thereto.
A26.
177: Approving applications for funding under the HUD Section 108 Loan and the EDI/Home
Ownership Zone prograres, and authorizing the Mayor or Executive Director to execute the
necessary documents.
Mayor Daly. He would like to commend staff for moving fo[ward aggressively to bring two important new
parks to the City -- Betsy Ross Park next to the Betsy Ross School (at Manchester and Walnut) and the
Lemon Street Park (in the vicinity of Soutrt Street/Water Street). He commends staff for moving forward
on these two parks taking advantage of a Federal program where they can commit future years of CDBG
funds in order to obtain the parks sooner.
123: Approving an Agreement with the Anaheim Interfaith Shelter, in the amount of $30,000 for
the provision of emergency shelter services to homeless families with dependent children; and
approving an Agreement with the Boys & Girls Club of Anaheim in the amount of $26,000 to
assist in the provision of youth-oriented programs.
150: RESOLUTION NO. 96R-152: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AUTHORIZING THE COMMUNITY SERVICES DEPARTMENT DIRECTOR TO
SUBMIT A GRANT PROPOSAL ON BEHALF OF THE CITY OF ANAHEIM TO THE U.S.
DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, FOR FUNDS FROM THE
OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION JUVENILE
MENTORING PROGRAM (JUMP).
11
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES SEPTEMBER 10, 1996
A29.
137: RESOLUTION NO. 96R-153: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AUTHORIZING THE INVITATION OF PROPOSALS FOR THE PURCHASE OF
NOT TO EXCEED $100,000,000 AGGREGATE PRINCIPAL AMOUNT OF ELECTRIC
REVENUE BONDS, ISSUE OF 1996; AUTHORIZING THE DISTRIBUTION OF A NOTICE
INVITING BIDS RELATING TO THE BONDS AND THE PUBLICATION OF A NOTICE OF
INTENTION TO SELL BONDS; AUTHORIZING THE DELIVERY OF A PRELIMINARY
OFFICIAL STATEMENT AND A FINAL OFFICIAL STATEMENT; AND AUTHORIZING
CERTAIN OTHER ACTIONS.
Mayor Daly. He feels it would be in order to have a bdef presentation by the Public Utilities Department
on this item. A very extensive staff repot1 has been submitted recommending a series of actions. This
item was also referred to by staff dudng the afternoon workshop presentation on the Electdc Industry
Restructuring.
Mike Bell, Assistant General Manager/Finance and Administration/Public Utilities. The proposed items
essentialy authorize the issuance of up to $100 million in electric revenue bonds to refund debt
previously issued for the San Onofre Nuclear Generating Station (SONGS) of which the City is a 3.16%
owner. The significance of the actions are twofold - 1.) will enable the City to reduce interest costs on
this outstanding debt and provide savings and, 2.) more importantly, will allow the City to pay off debt
associated with SONGS sooner than presently scheduled or 2005 instead of 2008 which will ultimately
result in lower electricity costs for the citizens of Anaheim in future years as they enter the restructured
electrical environment.
Council Member Tait. He asked for clarification that this proposed action is refinancing and the principal
amount of debt will not increase; Mike Bell answered that was correct. It will reduce the debt and shorten
the payment of debt by three years.
Mayor Daly. It is such good news, he felt a summary was warranted by staff. It is a net present value
savings to the City's electric system of $24 million.
137: RESOLUTION NO. 96R-154: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING THE ISSUANCE OF $100,000,000 PRINCIPAL AMOUNT OF
ELECTRIC REVENUE BONDS, ISSUE OF 1996; PROVIDING THE TERMS AND CONDITIONS
FOR THE ISSUANCE OF SUCH BONDS; AUTHORIZING THE REFUNDING OF THE
OUTSTANDING PRINCIPAL AMOUNT OF THE CITY'S ELECTRIC REVENUE BONDS, ISSUE
OF 1986 AND SECOND ISSUE OF 1986; APPOINTING A PAYING AGENT AND REGISTRAR
FOR THE BONDS; APPOINTING AN ESCROW AGENT AND APPROVING THE EXECUTION
AND DELIVERY OF AN ESCROW AGREEMENT IN CONNECTION WITH SAID REFUNDING.
137: RESOLUTION NO. 96R-155: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AMENDING RESOLUTION NO. 72R-83 OF THIS COUNCIL, AUTHORIZING
THE[ SOLICITATION OF THE CONSENT OF THE HOLDERS OF THE OUTSTANDING
ELECTRIC REVENUE BONDS OF THE CITY AND AUTHORIZING CERTAIN OTHER
ACTIONS.
127: RESOLUTION NO. 96R-156: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM MAKING UNDERTAKINGS AS TO CONTINUING DISCLOSURE RELATING TO
THE ISSUANCE OF ITS ELECTRIC REVENUE BONDS, ISSUE OF 1996.
12
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES SEPTEMBER 10~ 1996
Roll Call Vote on Resolution No. 96R-151 for adoption:
AYES:
NOES:
ABSENT:
ABSTAINED:
MAYOR/COUNCIL MEMBERS: Zemel, Feldhaus, Lopez, Daly
MAYOR/COUNCIL MEMBERS: None
MAYOR/COUNCIL MEMBERS: None
MAYOR/COUNCIL MEMBERS: Tait
The Mayor declared Resolution No. 96R-151 duly passed and adopted.
Roll Call Vote on Resolution Nos. 96R-'152 throuqh 96R-156, both inclusive, for adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
MAYOR/COUNCIL MEMBERS: None
MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 96R-152 through 96R-156, both inclusive, duly passed and
adopted.
Roll Call Vote on Ordinance Nos. 5576 and 5577, both inclusive, for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Ordinance Nos. 5576 and 5577, both inclusive, duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED. Council Member Tait abstained on Item A8.
A30. 155: To consider a Mitigated Negative Declaration pursuant to CEQA guidelines in connection
with Universal Telecommunications System. ,
This item will be madvertised and mscheduled at a Pater date.
111: CONDOLENCES TO THE FAMILIES OF ALLAN HUGHES AND TIM EWING: Mayor Daly. At
this time, he wants to comment on the passing of two important citizens in the community. The first is
Mr. Allan Hughes who was a long-time Executive Director of the Chamber of Commerce, a business
owner and a tireless community leader in Anaheim for decades involved in numerous civic affairs.
There will be a service on Thursday, September 12, 1996 at 4:00 P.M. at the Anaheim United Methodist
Church. The Council extends heartfelt condolences and sympathy to Allah's family. He will be missed.
13
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES SEPTEMBER 10, 1996
The second and more recent was the very untimely passing of Tim Ewing, a leader in the West Anaheim
Community Improvement Project who died suddenly last evening. Members of the City family are now
involved in comforting his family and fdends. The Council also extends its condolences to Tim's family.
The are anticipating services upcoming for Mr. Ewing.
ITEMS B1 - B8 FROM THE PLANNING COMMISSION MEETING OF AUGUST 19~ 1996:
INFORMATION ONLY-APPEAL PERIOD ENDS SEPTEMBER 10, 1996:
BI. 134: GENERAL PLAN AMENDMENT NO. 340SANTA ANA CANYON RD. ACCESS POINT
STUDY AMENDMENT RECLASSIFICATION NO. 95-96-04 VARIANCE NO. 4292 AN[3
NEGATIVE DECLARATION:
OWNER: CITY OF ANAHEIM, REAL PROPERTY DIVISION, Attn: Frank Hardcastle, 200 S.
Anaheim Blvd., Anaheim, CA 92805
TRANSCORP C/F, Attn: William H. Stanly, 5212 Sierra Vista, Newport Beach, CA 92660
AGENT: SAM HANNA, 2664 Vista Valley, Orange, CA 92667
LOCATION: 5481 East Santa Ana Canyon Road. Property is an irregularly-shaped parcel of
land consisting of approximately 1.1 acres located at the northwest corner of Santa Aha Canyon
Road and Maude Lane.
Petitioner requests an amendment to the Land Use Element of the General Plan (redesignating
subject property from the Hillside Low Density Residential designation to the Commercial
Professional designation).
Petitioner requests reclassification of the subject property from the RS-A-43,000 (SC
(Residential/Agricultural) (Scenic Corridor Overlay) Zone to the CO (SC) (Commercial Office
and Professional) (Scenic Corridor Overlay) Zone.
Petitioner requests waiver of maximum structural height, minimum landscape setback adjacent
to a residential zone boundary, minimum setback adjacent to a scenic highway, minimum
setback adjacent to a local street and required parking lot landscaping to construct a 2-story,
approximately 3,800 square foot office building. Property is an irregularly shaped parcel of land
consisting of approximately 1.1 acres located at the northwest corner of Santa Ana Canyon Road
and Maude Lane, having approximate frontages of 230 feet on the north side of Santa Ana
Canyon Road and 120 feet on the west side of Maude Lane and further described as 5481 East
Santa Ana Canyon Road.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended ADOPTION to City Council for General Plan Amendment No. 340 (PC96-75) (6
yes votes, I absent).
Recommended approval of Santa Ana Canyon Rd. Access Point Study Amendment subject to
plan revision (PC96-76).
Reclassification No. 95-96-04 GRANTED (PC96-77).
Variance No. 4292 GRANTED (PC96-78).
SET FOR PUBLIC HEARING OCTOBER 1, 1996.
14
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES SEPTEMBER 10~ 1996
B2.
A)
B)
155: FINAL EIR NO. 311 (PREVIOUSLY CERTIFIED) AND ADDENDUM AND MODIFIED
MITIGATION MONITORING PROGRAM NO. 0067 AMENDMENT NO. 3 TO THE
DISNEYLAND RESORT SPECIFIC PLAN NO. 92-t ¢INCLUDING ZONING AND
DEVELOPMENT STANDARDS, DESIGN PLAN AND GUIDELINES AND PUBLIC FACILITIES
PLAN) THE ANAHEIM RESORT PUBLIC REALM LANDSCAPE PROGRAM AMENDMENT
DEVELOPMENT AGREEMENT NO. 96-01
APPLICATIONS INITIATED BY: THE WALT DISNEY COMPANY, Attn: Douglas M. Moreland,
Vice-President, Walt Disney Imagineering, 700 Ball Road, Anaheim, CA 92803, and THE CITY
OF ANAHEIM PLANNING COMMISSION Per Planning Commission Resolution No. PC96-69
LOCATION: The proposed project area, which encompasses 490 acres, plus approximately 11
acres of right-of-way improvements, is located within the Anaheim Resort area of the City of
Anaheim and is generally adjacent to and southwest of the Santa Aha Freeway (I-5) between
Ball Road and Katella Avenue (with approximately 24.7 acres located south of Katella Avenue)
and east of Walnut Street.
The Anaheim Resort Public Realm Landscape Program Amendment pertains to public streets
within and adjacent to The Disneyland Resort Specific Plan area.
Development Agreement No. 96-01 pertains to properties within the Specific Plan area owned or
controlled by The Walt Disney Company, its successors or assigns.
PROPOSAL:
The proposed project actions include:
Final Environmental Impact Report No. 311 (Previously Certified) and Addendum and Modified
Mitil:lation Monitorin~ Prof:lram No. 0067. Request for determination that the previously-certified
Final EIR No. 311, with the Addendum and modified Mitigation Monitoring Program No. 0067,
are adequate to serve as the required environmental documentation for the proposed project
actions. Final EIR No. 311 was previously-certified and Mitigation Monitoring Program (MMP)
No. 0067 was adopted by the Anaheim City Council on June 22, 1993 in conjunction with the
approval of The Disneyland Resort Specific Plan No. 92-1 and General Plan Amendment No.
331. The Final EIR No. 311 addresses the environmental impacts and mitigation measures
associated with the development off-he Disneyland Resort. In connection with the certification of
Final EIR No. 311, the City also adopted a Statement of Findings and Facts and a Statement of
Overriding Considerations for the project in compliance with the California Environmental Quality
Act. In connection with the proposed project actions, an Addendum has been prepared to the
Final EIR and modifications to the previously-adopted MMP No. 0067 are proposed. The
Addendum analyzes the proposed project actions and describes the minor modifications to the
Final EIR and MMP which are necessary to address the proposed project actions. Staff review
indicates that for all environmental issues, the Addendum demonstrates that the project actions
will not result in new significant impacts or substantial increases in significant impacts above
those covered in the previously-certified Final EIR No. 311 and that no supplemental or
subsequent environmental review is required. Staff review further indicates that the previously-
certified Final EIR No. 311, with the Addendum and modified Mitigation Monitoring Program No.
0067, are adequate to serve as the required environmental documentation for the proposed
project actions;
Amendment No. 3 to the Disneyland Resort Specific Plan No. 92-1 The proposed Amendment
No. 3 to The Disneyland Resort Specific Plan No. 92-1 would encompass certain minor
modifications to the Disneyland Resort Project including a Revised Phasing Plan, make
modifications to the Specific Plan (including the Zoning and Development Standards, Design
Plan and Guidelines, and Public Facilities Plan) to implement the Revised Phasing Plan and
incorporate minor textual and graphical modifications to the document including, but not limited
to, the*following:
1) The Revised Phasing Plan would implement the Specific Plan land uses in three phases
instead of two;
15
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES SEPTEMBER 10~ 1996
2) Modifications to the Project/Specific Plan include revisions to the parking layout and
associated phasing, revisions to the drop-off area in the Theme Park District along Harbor
Boulevard, minor realignment of West Street/Disneyland Drive between Cerdtos Avenue and
Katella Avenue to keep the alignment in its current configuration (it was previously approved to
be curved within a portion of this ama) and to lower the elevation of the street to provide for a
potential pedestrian overcrossing and Retail Entertainment Center straddling the street; prevision
of a new signal on Harbor Boulevard and on West StreetJDisneyland Drive, retention of the
existing Monorail alignment; and, relocation of the Southern California Edison (SCE) electrical
lines within the approved alignment, with the 220-kV circuits to remain aerial; and,
c)
D)
3) Other textual and graphical modifications include incorporation of vadous nomenclature
and other minor modifications consistent with the adopted Anaheim Resort Specific Plan No. 92-
2; clarification of the relationship of the Disneyland Resort Specific Plan to the adopted
"Anaheim Resort Public Realm Landscape Program" and "The Anaheim Resort Identity
Program"; addition of an updated description of the applicable General Plan previsions;
modifications to the street cross-sections to reflect revised streetscape landscaping proposed as
part of the Anaheim Resort Public Realm Landscape Pregrarn Amendment; and, typographical
corrections;
The Anaheim Resort Public Realm Landscape Proqram Amendment The proposed amendment
to the Anaheim Resort Public Realm Landscape Program would amend the landscape concept
plans for public streets adjacent to and within The Disneyland Resort Specific Plan area
(Freedman Way, Harbor Boulevard, Walnut Street and West Street/Disneyland Ddve);
Develoement Aqreement No. 96-01 The proposed Development Agreement No. 96-01 between
the City of Anaheim and Walt Disney World Do. pertains to the vesting of project entitlements
and would further address the implementation of The Disneyland Resort Project;
E)
F)
Air dghts vacation and/or encroachment permits; and,
Other related actions.
ACTIONS TAKEN BY THE PLANNING COMMISSION:
THE PLANNING COMMISSION, BY RESOLUTION AS INDICATED BELOW, HAS MADE
RECOMMENDATIONS TO THE CITY COUNCIL REGARDING THE PROPOSED ACTIONS.
THE CITY COUNCIL WILL HOLD ADDITIONAL PUBLIC HEARINGS AND MAKE THE FINAL
DECISIONS.
FINAL ENVIRONMENTAL IMPACT REPORT NO. 311 (PREVIOUSLY CERTIFIED) AND
ADDENDUM AND MODIFIED MITIGATION MONITORING PROGRAM NO. 0067
RESOLUTION NO. PC96-79.
AMENDMENT NO. 3 TO THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1(INCLUDING
ZONING AND DEVELOPMENT STANDARDS, DESIGN PLAN AND GUIDELINES AND PUBLIC
FACILITIES PLAN) RESOLUTION NO. PC96-80.
THE ANAHEIM RESORT PUBLIC REALM LANDSCAPE PROGRAM AMENDMENT
RESOLUTION NO. PC96-81.
DEVELOPMENT AGREEMENT NO. 96-01 RESOLUTION NO. PC96-82.
16
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES SEPTEMBER 10~ 1996
Jeff Kirsch, 2661 W. Palais. Anaheim. His chief concern relative to this item, as he has expressed at
prior Council meetings, is one of timing to give the public an opportunity to adequately address the many
complex issues posed by the proposed project. The public needs to have complete information,
especially an opportunity to see the financial document in order to compare the benefits of the project
with the imposition on the community.
Council Member Tait. His comments are In response to Mr. Kirsch's request to allow adequate time for
the public to review the new documents, particularly the financial agreement. Right now, the plan is for a
two-week review pedod after final documets. It is his position as well that adequate time be allowed for
the public to review the documents.
THE FOREGOING ITEM (B2) WILL BE SCHEDULED FOR A CITY COUNCIL PUBLIC HEARING.
B3.
179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 37'11
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 96-04AND NEGATIVE
DECLARATION:
OWNER: TEXACO REFINING AND MARKETING, Attn: Doug Elston, P.O. Box 7812,
Universal City, CA 91608
AGENT: PATRICK O. FIEDLER, 2322 West 3rd Street, Los Angeles, CA 90057
LOCATION: 5650 East La Palma Avenue (Texaco Service Station). Property is a rectangularly-
shaped pamel of land consisting of approximately 1.0 acres located at the southwest comer of La
Palma Avenue and Impedal Highway.
Petitioner requests review and approval of revised plans for a 2,553-square foot automobile
service station with a 2-bay express lube facility (deleted), accessory automated car wash, a
take-out fast-food restaurant (deleted) within a 2,141-square foot convenience market and sales
of beer and wine for off-premises consumption with waivers of (a) permitted wall signs,
(APPROVED, IN PART), (b) minimum number of parking spaces (deleted) and (c) required
improvement of setback areas (deleted). Petitioner further requests determination of public
convenience or necessity for an Alcoholic Beverage Control license to permit the sale of beer
and wine for off-promises consumption at subject facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3711 APPROVED, IN PART, the revised plans with added conditions (PC96-83) (6 yes
votes, 1 absent).
Waiver of code requirement APPROVED, IN PART, waiver (a) APPROVED IN PART - one wall
sign for the service station, one wall sign for the car wash facility, and three logo signs for the
proposed canopy; waivers (b) and (c) were denied on the basis that they were deleted with the
submittal of revised plans.
Determination of Public Convenience or Necessity No. 96-04 WITHDRAWN.
Negative Declaration previously approved.
Mayor Daly asked what the project will now consist of since the application was modified to a great
extent at the Planning Commission meeting. It appears that the express lube, fast food and beer and
wine have all been dropped from the project. He asked to hear from staff.
Greg Hastings, Zoning Division Manager. The project now is an automobile service station with an
accessory automated car wash behind the service station building. It will include a convenience market
in it which will also include beer and wine sales.
Mayor Daly. He noted that the agenda indicates that the Determination of Public Convenience or
Necessity was withdrawn.
17
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES SEPTEMBER 10, 1996
Mr. Hastings explained that at the Planning Commission meeting, it was determined by the Police
Department it was not necessary that there be such a determination since it would not create an undue
concentration of alceholic beverage licenses within the geographic area. He also confirmed for the
Mayor that staff was cemfortable with the action taken and that everything was addressed to the
satisfaction of Planning Department staff.
B4.
179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3860 AND
NEGATIVE DECLARATION:
OWNER: SCENIC CORRIDOR INDUSTRIAL PARK, ACA GENERAL PARTNERSHIP, 2900-A
Bristol Street, #201, Costa Mesa, CA 92626
FROME ENTERPRISES, 5620 E. La Palina Avenue, Anaheim, CA 92807
AGENT: JM CONSULTING GROUP, Attn: Precious Lee-McDuffie, 3760 Kilroy Airport Way,
#440, Long Beach, CA 90806
LOCATION: 5620 East La Palina Avenue. Property is an irregularly-shaped parcel of land
consisting of approximately 8.78 acres, having a frontage of approximately 520 feet on the south
side of La Palma Avenue and located approximately 585 feet west of the centerline of Imperial
Highway.
To permit a 55-foot high monopole communication antenna and accessory equipment with
waiver of minimum required setback from interior property line.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3860 GRANTED with the condition that the proposed 55-foot high monopole
communication antenna shall be mounted on a wooden pole that blends in with the existing
power transmission poles.(PC96-84) (5 yes votes, 2 absent).
Approved waiver of code requirement.
Approved Negative Declaration.
Mayor Daly. He asked what the thinking was in the Planning Commission approving this proposal with a
five-year time limit. He asked if it was that the cell site owner will be able to find a co-location site within
that five-year time frame since this is a location that has three existing poles.
Joel Fick, Planning Director. That was staff's concern. They were interested in consolidation on either
an existing or planned structure. At the meeting, the Planning Commission did condition the proposal on
a five-year approval with that in mind.
B5.
179: CONDITIONAL USE PERMIT NO. 3859 CATEGORY EXEMPT~ CLASS '1~1:
OWNER: SHELL OIL COMPANY, 511 N. Brookhurst Street, Anaheim, CA 92803
AGENT: SERVICE STATION SERVICES, 3 Hutton Center Drive, #711, Santa Ana, CA 92707
LOCATION: 8275 East Santa Aha Canyon Road (Shell Service Station). Property is an
irregularly-shaped parcel of land consisting of approximately 1.86 acres, having a frontage of
approximately 281 feet on the west side of Weir Canyon Road and located approximately 236
feet north of the centerline of Santa Aha Canyon Road.
To retain a fully screened, roof-mounted satellite dish in connection with an existing service
station.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3859 GRANTED (PC96-85) (6 yes votes, 1 absent).
18
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES SEPTEMBER 10~ 1996
B6.
CONDITIONAL USE PERMIT NO. 3654 AND NEGATIVE DECLARATION:
OWNER: Ron Erickson, 3831 E. La Palma Avenue, Anaheim, CA 92806
LOCATION: 3831 East La Palma Avenue. Property is a rectangularly-shaped parcel of land
consisting of approximately 0.68 acres, having a frontage of approximately 140 feet on the north
side of La Palina Avenue and located approximately 470 feet east of the centerline of Tustin
Avenue.
To permit vehicle sales in conjunction with an existing 12,958-square foot automotive repair
facility with waiver of permitted encroachments into required yards (deleted).
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3654 APPROVED, as readvertised, permitting vehicle sales in conjunction with an
existing 12, 958-square foot automotive repair facility.
Negative Declaration previously approved.
B7. WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3262 AND NEGATIVF
DECLARATION:
OWNER: BHARAT V. NAP, AN, 27020 Maiden Moor Lane, Yorba Linda, CA 92687
LOCATION: 8275 East Monte Vista Road. Property is a rectangularly-shaped parcel of land
consisting of approximately 2.3 acres located at the northwest corner of Monte Vista Road and
Weir Canyon Road.
To construct a 32-square foot freestanding gasoline price sign in conjunction with a previously-
approved retail center and service station/car wash facility with waivers of permitted signs in the
CL HS (SC) Zone, number of permitted commercial center signs, minimum distance between
freestanding signs and permitted location of a freestanding sign.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3262 APPROVED, IN PART, (PC96-87) (6 yes votes, 1 absent).
Approved waiver of code requirement.
Negative Det:laration previously approved.
REPORTS AND RECOMMENDATIONS:
B8. VARIANCE NO. 4182 - REQUEST FOR RETROACTIVE EXTENSION OF TIME TO COMPLY
WITH CONDITIONS OF APPROVAL:
REQUESTED BY: TOWN SQUARE INVESTMENT, INC., 24555 Los Alisos Boulevard, Laguna
Hills, CA 92653
LOCATION: 2260 West OranRe Avenue.
Request for a one-year retroactive time extension to comply with conditions of approval for
Variance No. 4182 (waiver of required lot frontage, minimum building site area, minimum
building site width and required location and orientation of buildings to construct eight single
family residences) to expire on May 18, 1997.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved extension of time for Variance 4182 (to expire 5/18~97).
19
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES SEPTEMBER 10, 1996
ITEM B9 FROM THE PLANNING COMMISSION MEETING OF SEPTEMBER 4. '1996:
INFORMATION ONLY -APPEAL PERIOD ENDS SEPTEMBER 13. 1996:
Bg. RECLASSIFICATION NO. 95-96-05 WAIVER OF CODE REQUIREMENT CONDITIONAL USE
PERMIT NO. 3868 TENTATIVE TRACT MAP NO. 15345 MITIGATED NEGATIVE
DECLARATION:
OWNER: BALAN PROPERTIES, 225 S. Lake Avenue, 9th Floor, Pasadena, CA 91101
AGENT: THE OLSON COMPANY, 3010 Old Ranch Parkway, #400, Seal Beach, CA 90740
LOCATION: 1925 West Lincoln Avenue. Property is a retangularly-shaped parcel of land
consisting of approximately 5.67 acres located at the northwest comer of Lincoln Avenue and
Muller Street.
To reclassify subject property from the RM-1200 to the RM-3000 Zone.
To permit a 2-story, 68-unit detached condominium complex with waivers of maximum structural
height adjacent to a single-family residential zone and minimum structural setback and yard
requirements.
To establish a l-lot, 68-unit airspace condominium subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 95-96-05 GRANTED (5 yes votes, 2 absent).
Waiver of code requirement APPROVED (4 yes votes, I no vote, 2 absent).
CUP NO. 3868 GRANTED (4 yes votes, 1 no vote, 2 absent).
Tentative Tract Map No. 15345 APPROVED (4 yes votes, 1 no vote, 2 absent).
Mitigated Negative Declaration APPROVED.
Mayor Daly. This is the old Anaheim Bowl site where many projects have been proposed in the past. He
understands a report is coming back to the Planning Commission in the future that will deal with the final
landscape plan and also the exterior design features. He asked exactly what the details are that need to
be addressed.
Joel Fick, Planning Director. The Planning Commission was concerned about the streetscape adjacent
to Lincoln. The landscaping along Lincoln and Muller is quite extensive. Along Lincoln, there is a 35'
setback with 62 trees to be planted in that area along with grass and shrubs. The setback along Muller
ranges between 15' and 25'. The plans the Commission will be relooking at, which action will also
appear on the Council agenda as well, includes the building articulation, especially the building which
faces Lincoln -- the appearance, landscaping and fencing plans. On the building articulation, the
Commission was interested in the details to the point where the developer is willing to bring in samples to
show the materials ultimately to be used.
Council Member Lopez. The Council has received several letters from citizens concerning the closing
off of the entrance to the side streets. He asked if that action was a part of the project or would the
Council need to do that.
Joel Fick. There was some discussion and several residents did appear at the meeting. There was
discussion about a long standing history of people living to the west taking access through the parcel of
land and discussion in particular about the Lincoln Avenue access. Condition #13 requires that a traffic
study of Lincoln be conducted by the City Traffic Engineer with other actions to be taken if warranted to
facilitate eastbound access to Lincoln Avenue from Aladdin Drive. The action would be the subject of a
future study.
City Attorney White. One of the issues had to do with an allegation that the neighbors had a prescriptive
easement and if correct would preclude development in the form proposed and approved by the
Planning Commission. While he feels the Council needs to be aware of the issue, there is nothing the
City should be doing because it is a private matter between the owner and the neighbors as to whether
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there is such an easement. Approval of the development by the Planning Commission only entitles the
property owner to do what he can legally do. If there is such an easement, the owner would have to
come back and propose an alternate development. He reiterated, it is a private matter.
Mayor Daly. Diane Way extends east to west and is on the property and when the property is developed,
will dead end at the western border. He is wondering how that is going to appear. He asked if Diane
Way will cul de sac or simply stop at someone's back yard.
Joel Fick. There is also a condition addressing that issue which he read (see Condition #3 imposed by
the Planning Commission) requiring the reconstruction of a modified cul de sac or an alternate plan
approved by the City Engineer.
Mayor Daly. As part of that, he asked if there will be landscaping. He knows there will be landscaping
on the developer's side of the fence but wants to know about the other side; Joel Fick. At present, since
the decision is not yet made because there may be an alternate design, that is an example of a precise
detail that is not finalized as yet. He also again briefed what the landscaping along Lincoln would entail
explaining that there is a detailed plan identifying what the landscaping will consist of. That plan has
been reviewed and approved by the Planning Commission. The landscaping plans were part of the
plans that have been examined, but subject to further review by the Planning Commission. He also
cladfied for the Mayor that whatever action the Planning Commission takes on that report will be subject
to further review by the Council.
Mayor Daly. He noticed on some of the drawings there was legal language that said they were
representations only and not to be construed as final plans. He assumes those are not yet final and
subject to further review by the Planning Commission; Joel Fick. That is correct. The Planning
Commission just reviewed the project on September 4 and these were the concept plans. Because of
the importance, the Planning Commission wanted to review the final details.
Council Member Feldhaus. The maximum structural height on the west side has always been a concern
to the RS-7200 neighborhood. He asked if the units were only one story at that point and also if anyone
from the west side of the property appeared at the Planning Commission headng.
Greg Hastings. The code requires a setback of 50' for a two-story structure and 20' for one story. On
this project, they are asking for two story at 20' rather than one but they are going to have a very dense
barrier of trees to be maintained by the association to separate the project from the single family to the
west.
Council Member Feldhaus. There was also a recommendation to put up a block wall.
Greg Hastings. The way the condition ended up, the applicant would work with the property owners to
the west to determine the best way to do that, whether to replace the entire wall or to require the existing
wall to remain and build a second wall. They did get a waiver on the setback on the west side.
C1.
114: ANAHEIM PREP SPORTS AND ACTIVITIES FOUNDATION: Discussion requested by
Mayor Daly regarding the proposed new Anaheim Prep Sports and Activities Foundation.
Mayor Daly. He referred to the backup material circulated by the City Manager's Office on the subject.
(See memorandum dated September 4, 1996 to Mayor Daly/City Council from David Morgan, Acting City
Manager -- Subject: Anaheim Prep Sports/Acitivities Foundation). The memo is a summary of the key
points to consider regarding the Anaheim Prep Sports and Activities Foundation. The Mayor then
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CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES SEPTEMBER 10, 1996
highlighted the points contained in the memo. Attached to the memo was a short letter from the
Superintendent of the Anaheim Union High School District reporting that the Distdct Board of Trustees
voted unanimously to support the concept. To launch the foundation, it will be necessary for Anaheim to
endome it as well. He suggests that City staff obtain all the necessary paper work from the School
District, the actions they have taken, bylaws adopted, etc. He cimulated the most recent bylaws but the
City Manager's Office should obtain the actual bylaws from the School Distdct and place those on the
Council's agenda for Council consideration and endomement. The final paperwork on the subject should
be obtained and scrutinized by City staff and then placed on the agenda. The goal is to raise funds from
the private sector to help students with after-school activities. There remains the possibility, and he is
supportive, of providing some seed money for the Foundation so they can get off the ground but not any
continuing City funding. Clearly, the goal is to raise funds from the private sector and operate as a
support Foundation. It is a good opportunity to join in a partnership with the High School District with the
potential of significant private fund raising in Anaheim to assist in after-school programs for Junior and
Senior High School students. At a future Council meeting, he is sure they can have representatives of
the School District present if the Council has questions of the District.
Council Member Zemel. He believes this is a great concept. It will help to keep kids off the street and
can make Anaheim the youth sports capital of the world with programs such as this. He commended the
Mayor for his efforts.
Mayor Daly. It is designed to be a city-wide booster club to help all Junior and Senior high schools. The
City Attorney has looked at this and any meetings of the Foundation would be subject to the Brown Act
and open to the public. He asked what it would take to actually formally launch the Foundation.
City Attorney White. After again reviewing the articles and bylaws, it is a non-profit corporation.
However, the City would have two appointees. The Council would make two appointments to the seven-
member Board of Directors, one of whom would be a Council Member and the other a member of the
public appointed by the Council. Those are the only actions that would be necessary for the City's initial
participation in the organization. He made a call this afternoon to Wayne Allen who is the attorney who
drafted the articles and the bylaws. He was attempting to confirm those were the only actions he
envisioned the City taking at this time. He will follow up with Mr. Allen. He reiterated, he believes if they
do agendize the matter for the next meeting, to his way of thinking, those would be the ony items
necessary for action.
Mayor Daly. He asked if under the bylaws, there was anything to prohibit appointing two Council
Members to the Foundation board. He would like to keep it flexible so the Council can appoint two
Council Members or one Council Member and a community member.
City Attorney White. The draft of the bylaws he has seen provide that of the two Council appointees,
only one be a Council Member and the other an appointment from the public. The School District has
three appointees -- two board members and one other appointee.
Council Member Zemel. Since there is no board at the present time, he surmises they would still have
input which would take place at their meeting next week and that the Mayor is leaning toward appointing
two Council Members.
City Attorney White. If the Mayor feels the Council would be inclined to appoint two Council Members,
he will discuss that with Mr. Allen to formulate appropriate language.
C2. REPORT ON CLOSED SESSION ACTIONS:
City Attomey Jack White Stated that there are no actions to report.
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C3. COUNCIL COMMENTS:
There were no comments.
ADJOURNMENT: By general Council consent, the Council Meeting of September 10, 1996 was
adjourned. (7:20 P.M.)
CITY CLERK
LEONORA N. SOHL
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