1996/11/05CITY OF ANAHEIM COUNCIL MINUTES
NOVEMBER 5, 1996
The City Council of the City of Anaheim met in regular ~on.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Tom Tait, Bob Zemel, Frank Feldheus, Lou Lopoz, Tom Daly
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
cITY ATTORNEY: Jack VVhite
CITY CLERK: Leonora N. SoN
CIVIL ENGINEER - DEVELOPMENT SERVICES: Natalie Meeks
PLANNING DIRECTOR: Joel Fick
ASSISTANT CITY ATTORNEY PROSECUTION: Mark Logan
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 11:55 a.m. on
November 1, 1996 at the Civic Center Kiosk, containing all items as shown heroin.
Mayor Daly called the meeting to order et 3:12 p.m.
REQUEST FOR CLOSED SESSION:
City Attorney Jack White requested a Clseed Session noting first that them were no additions to
Closed Session items.
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
There were no pobiic comments relative to Closed Session items.
The following items are to be considered et the Closed Session.
CONFERENCE VVITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (a) - EXISTING LITIGATION
Name of case: City of Anaheim v. Sony Corporation of America, et el., Orange County Superior
Court Case No. 77-40-99.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (a) - EXISTING LITIGATION
Name of case: Metro Buildem v. City of Anaheim, Orange County Superior Court Case No. 75-
70-62.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (a) - EXISTING LITIGATION
Name of case: Metropolitan Water District of Southem California v. Domenigoni, California -
Supreme Court Case No. S056793.
CITY OF ANAHEIM~ CALIFORNIA o COUNCIL MINUTES NOVEMBER 6~ 1996
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initlntion of litigation pursuant to subdivision (c) of Section 54956.9: 1 potential case.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Title: City Treasurer
By general consent, the Council mceesed into Closed Session. (3:13)
AFTER RECESS:
The Mayor celled the meeting to order, all Council Members being present, and welcomed those
in attendance to the Council meeting. ( 5:12 p.m.)
INVOCATION:
Dr. Bryan Crow, The Garden Church, gave the invocation.
FLAG SALUTE:
Council Member Mayor Pm Tem Lou Lopaz led the assembly in the Pledge of Allegiance to the
Flag.
119: DECLARATION OF RECOGNITION: A Dectaration of Recognition was unanimously adol~ed by
the Gity council recognizing the Anaheim Boxing Glub on their 25th Anniversary. Mr. Ed Kestiuk,
Director, Anaheim Boxing Club was present to accep~ the Dectaration. Accompanying Mr. Kostiuk were
five members of the Club including 6-year old Rone and 15-year old Raul who has the potential to
become the Club's _Silver Gloves Champion and will be competing for that title this week.
Mayor Daly and Council Membem greeted and congratulated Mr. Kestiuk and those club members
(boxers) present.
Mayor Pm Tem Lopez presented Mr. Kostiuk with a framed a~ticle recently published in the Los Angeles
Times regarding the club. He (Lopez) then gave the history of the club which he helped to start 27 years
ago when he was a rookie Policemen and did a little boxing es wall. He also introduced Jony Sandoval
who started the club with him. He emphasized how the club is such a positive factor for the youth of the
community and the difference it made tn his life. As a member of the club, them cen be no drinking,
smoking, or drug use, es well as staying out of trouble and staying in school.
119: RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED
AT ANOTHER TIME:
1. DECLARATION recognizing Hubert L. Himes for his contribution to the I-5 Project.
PROCLAMATION recognizing November 4 - 15, 1996, as Anaheim Employees'
Charities Weeks.
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES NOVEMBER 5~ 1996
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DECLARATION recognizing Dixie Shaw for receiving the North Orange County Business
and Professional Women's 1996/1997 Woman of Achievement Award.
DECLARATION recognizing Deborah L. Hahn for receiving the North Orange County
Business and Professional Women's 1996/1997 Young Careerist Award.
DECLARATION recognizing Fullerton Savings & Loan Association for receiving the
North Orange County Business and Professional Women's 1996/97 Golden Nike Award.
DECLARATION recognizing David A. Celestin as the 1996 President of the Building
Industry Association.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,537,084.10 for the period ending
October 28, 1996 and $2,272,103.55 for the period ending November 4, 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. (5:26 p.m.)
Mayor Daly reconvened the City Council Meeting ( 5:27 p.m.)
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
No items of public interest were addressed.
PUBLIC COMMENTS - AGENDA ITEMS:
There were no public comments on City Council Agenda items.
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for
the Council meeting of November 5, 1996. Council Member Feldhaus seconded the motion.
MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Mayor Daly, seconded by
Council Member Feldhaus, the following items were approved in accordance with the reports,
certifications and recemmendations fumished each Council Member and as listed on the Consent
Calendar;, Mayor Daly offered Resolution Nos. 96R-188 and 96R-189, for adoption. Mayor Daly offered
Ordinance No. 5582 and 5584, for first reading. Refer to Resolution/Ordinance Book.
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CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES NOVEMBER 5, 1996
Al.
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 A. Modell White for property damage sustained purportedly due to actions
of the City on or about August 27, 1996.
b. Claim submitted by Randall J. Enstrom, MD for property damage sustained purportedly due
to actions of the City on or about August 21, 1996.
c. Claim submitted by Lorraine M. Roach for property damage and bodily injury sustained
purportedly due to actions of the City on or about September 4, 1996.
d. Claim submitted by Albert M. Valencia, Angela M. Valencia, Ann M. Valencia, Anton M.
Valencia, minom by and through their parent and legal guardian, Margaret Barnett c/o Richard B.
Carter, Esq. for bodily injury sustained purportedly due to actions of the City on or about March
7, 1996.
e. Claim submitted by Jose Curono Centeno c/o Terance T. Kopanski, Esq.for property damage
and bodily injury sustained purportedly due to actions of the City on or about February 18, 1996.
f. Claim submitted by Fermin Diaz aka Fermin Diaz Hemandez c/o Terance T. Kopanski, Esq.
for bodily injury sustained purportedly due to actions of the City on or about Febroary 18, 1996.
g. Claim submitted by J. Larry Gilbert c/o Dolores Gilbert for bodily injury sustained purportedly
due to actions of the City on or about August 11, 1996.
h. Claim submitted by Venancio Jaimez for property damage sustained purportedly due to
actions of the City on or about August 10, 1996.
i. Claim submitted by Cad Tubbs for property damage sustained purportedly due to actions of
the City on or about August 10, 1996.
j. Claim submitted by Cecilia Molina for property damage sustained purportedly due to actions of
the City on or about September 11, 1996.
k. Claim submitted by Melina Wood for property damage sustained purportedly due to actions of
the City on or about July 23, 1996.
I. Claim submitted by Jamie Rich-McDonald for property damage sustained purportedly due to
actions of the City on or about September 1, 1996.
m. Claim submitted by Annabelle V. Daza for property damage and bodily injury sustained
purportedly due to actions of the City on or about June 6, 1996.
n. Claim submitted by Bart C. Rainone, Concourse Bowling Center for property damage
sustained purportedly due to actions of the City on or about July 21, 1996.
o. Claim submitted by Man~ Trotter c/o Jerry Widawski, Esq. for bodily injury sustained
purportedly due to actions of the City on or about June 1, 1996.
p. Claim submitted by Roll Brodehl for property damage sustained purportedly due to actions of
the City on or about August 21, 1996.
q. Claim submitted by Ramona A. Stafford for Property damage sustained purportedly due to
actions of the City on or about August 3, 1996.
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CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES NOVEMBER 5~ 1996
r. Claim submitted by Dennis Mesisca for property damage sustained pu~oortedly due to actions
of the City on or about August 10, 1996.
s. Claim submitted by Ansford E. Clinkingbeard for property damage sustained purpertedly due
to actions of the City on or about August 10, 1996.
t. Claim submitted by Eric Jewell c/o Robert T. Crofoot, Esq. for bodily injury sustained
purportedly due to actions of the City on or about May 5, 1996.
u. Claim submitted by Edwan:l Cunningham c/o Andrew T. Kennedy, Esq. for bodily injury
sustained purportedly due to actions of the City on or about June 13, 1996.
v. Claim submitted by Geraldine Lund for property damage sustained pufloortedly due to actions
of the City on or about September 18, 1996.
w. Claim submitted by Philip Garabedian c/o Jeffrey B. Heinrich, Esq. for property damage
sustained purportedly due to actions of the City on or about May 9, 1996.
x. Claim submitted by Ute Kelley for property damage sustained purportedly due to actions of
the City on or about March 22, 1996.
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105: Receiving and filing minutes of the Budget Advisory Commission meeting held September
18, 1996.
156: Receiving and filing the Anaheim Police Department Crime Statistical report for the month
of September, 1996.
105: Receiving and filing minutes of the Golf Advisory Commission meeting held September 26,
1996.
105: Receiving and filing minutes of the Anaheim Private Industry Council meeting held June
27, 1996.
150: Awarding a contract to the lowest responsible bidder, Big O Enterprises, Inc., in the amount
of $55,753 for Edison Pa~ Security Lighting Project; 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.
135: Awarding a contract to the lowest responsible bidder, Bellfree Contractors, Inc., in the
amount of $124,990 for Anaheim Hills Golf Course Habitat Mitigation Project; and in the event
said Iow bidder fails to comply with the temps 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.
169: Awarding a contract to the lowest responsible bidder, Mobassaly Engineering, Inc., in the
amount of $255,725.72 for Lincoln Avenue Street Improvement (Westem Avenue to Knott
Street); 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 irregulanties in the bids of both the Iow
and second Iow bidders.
145: RESOLUTION NO. 96R-188: A RESOLUTION OF THE CITY COUNCIL OF THE CiTY
OF ANAHEIM AUTHORIZING ANGLE PARKING ON THE EAST SIDE OF CLEMENTINE
STREET BETVVEEN ORANGEWOOD AND ITS TERMINUS APPROXIMATELY SIX HUNDRED
FEET NORTH OF ORANGEWOOD AVENUE.
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CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES NOVEMBER 5, t 996
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165: ORDINANCE NO. 5582: (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING CHAPTER 12.12 AND SECTION 12.24.030 OF THE ANAHEIM
MUNICIPAL CODE PERTAINING TO RIGHT-OF-WAY CONSTRUCTION PERMITS.
123: Approving and authorizing the Mayor and City ClenV, to execute the Memorandum of
Understanding with the Orange County Transportation Authority for the State College
Bouleva~l/SR-91 Freeway Interchange Project.
158: Approving the Acquisition Agreement of real property, and Agreement for Right-of-Entry at
1057 West Ball Road - R/W 5090 A and B - Ball Road/West Street Intersection Improvement
and Beautification Project; authorizing the Mayor and City Clerk to execute said Agreement; and
authorizing the acquisition payment of $46,629.80 to William Miller and Robert Miller.
158: Approving the Acquisition Agreement of real pmporty at 1068 West Ball Road - R/W 5132-
1 - Ball Road/West Street Intersection Improvement and Beautification Project; authorizing the
Mayor and City Clerk to execute said Agreement; and authorizing the acquisition payment of
$2.50 to Madhuco Investment, Inc.
158: Approving an Agreement for Right-of-Entry at 1850-1870 South Harbor Boulevard - R/W
5150-1 A & B and R/W 5150-2. Harbor Boulevard Improvement and Beautification Project; and
authorizing the Mayor and City Clerk to execute said Agreement.
158: Approving the Acquisition Agreement, and an Agreement for Right-of-Entry for real
property at 2040 South Harbor Boulevard R/W 5150-3, Harbor Boulevard Improvement and
Beautification Project; authorizing the Mayor and City Clerk to execute said Agreements; and
authorizing the acquisition payment of $21,901.46 to Raffles Inn Investors Group.
158: Approving the Acquisition Agreement and an Agreement for Right-of-Entry for real property
at 2060 South Harbor Boulevard - R/W 5150-4, Harbor Boulevard Improvement and
Beautification Project; authorizing the Mayor and City Clerk to execute said Agreements; and
authorizing the acquisition payment of $42,000 to Scotty's Food Center, Inc.
158: Approving an Agreement for Right-of-Entry for real property located at 1831 South Harbor
Boulevard - R/W 5150-5, Harbor Boulevard Improvement and Beautification Project; and
authorizing the Mayor and City Clerk to execute said Agreement.
158: Approving the Acquisition Agreement and an Agreement for Right-of-Entry for real property
at 1855 South Harbor Boulevard - R/W 5160-1, Harbor Boulevard Improvement and
Beautification Project; authorizing the Mayor and City Clerk to execute said Agreements; and
authorizing the acquisition payment of $70,060.50 to Anaheim Hotel Associates - Dallas Hotel
Associates.
158: Approving the Acquisition Agreement and an Agreement for Right-of-Entry for real property
at 616 Convention Way FUVV 5160-2, Harbor Boulevard Improvement and Beautification Project;
authorizing the Mayor and City Clerk to execute said Agreements; and authorizing the acquisition
payment of $57,552 to Transwodd Management LTD.
158: Approving the Acquisition Agreement for real property at 1854 South Harbor Boulevard -
RJVV 5160-3, Harbor Boulevard Improvement and Beautification Project; authorizing the Mayor
and City Clerk to execute said Agreement; and the property is to be acquired by donation.
158: Approving the Acquisition Agreement and an Agreement for Right-of-Entry for real property
at 410 West Katella Avenue - R/W 5180-55, Katella Avenue Smart Street Improvement Project;
authorizing the Mayor and City Clerk to execute said Agreements; and authorizing the acquisition
payment of $6,142.44 to Bhula Patel and Amba Patel.
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CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES NOVEMBER $, 1996
A19.
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A31.
158: Approving an Agreement for Right-of-Entry for real property at 1820 South Harbor
Boulevard - R/VV 5180-59, Harbor Boulevard Improvement and Beautification Project, and
authorizing the Mayor and City Clerk to execute said Agreement.
158: Approving an Agreement for Right-of-Entry for real property at 1840 South Harbor
Boulevard - R/VV 5180-61, Harbor Boulevard Improvement and Beautification Project, and
authorizing the Mayor and City Clerk to execute said Agreement.
160: Accepting the Iow bid of Moore Recreation and Park Equipment, Inc., in the amount of
$28,483 for eleven sets of 9-rail guard rail bleachem, in accordance with Bid ~5586.
160: Accepting the Iow bid of Siemens Energy and Automation c/o Matzinger-Keegan, Inc., in
the amount of $66,000 for two 72.5 KV oilless power circuit breakers for Clair Substation, in
accordance with Bid #5570.
160: Accepting the Iow bid of Pirelli Cables North America, in an amount not to exceed $86,982
for 20,000 feat of 15KV underground distribution cable, in accordance with Bid #5585.
123: Approving the Attorney Services Agreement with the law firm of Arter & Hedden for legal
services on an as-neednd basis.
179: ORDINANCE NO. 5583: (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING ORDINANCE NO. 5574, AS ADOPTED BY CITY COUNCIL ON
AUGUST 20, 1996, NUNC PRO TUNC. (TIME LIMITATION ON CHURCH IN SP94-01,
NORTHEAST AREA SPECIFIC PLAN.)
123: Approving the Estoppel Certificate necessary to cam/out sale of the First Trust Deed Loan
for the Anaheim Hilton Hotel & Towers from Kearny Stmat Real Estate Company to Metropolitan
Life Insurance Company, and authorizing the Mayor and City Clerk to execute such Certificate
on bahalf of the City.
123/150: Approving Amendment No. 1 to an Agreement with Orange County for Urban Park
Funds for the purchase and installation of park equipment at various City parks, and authorizing
the City Manager to sign Amendment No 1.
000: ORDINANCE NO. 5584: (INTRODUCTION)
ANAHEIM AMENDING SECTION 4.52.070 OF
REFERENCING BUSINESS LICENSE FEES.
AN ORDINANCE OF THE CITY OF
THE ANAHEIM MUNICIPAL CODE
156: RESOLUTION NO. 96R-189: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ACCEPTING RESERVE FUNDS FROM THE ORANGE COUNTY
TRANSPORTATION AUTHORITY FOR THE ANAHEIM POLICE DEPARTMENT ABANDONED
VEHICLE ABATEMENT PROGRAM.
106: Amending the Fiscal Year 1996/1997 Budget by increasing the revenue and expenditure
appropriations in Agency 309, program 2251, by $47,425.
123: Approving an Agreement in the amount of $74,750 between the County of Orange and the
City of Anaheim for the delivery of JTPA services to eligible clients through June 30, 1997; and
amending the 1996-97 budget, number 411-220 by $74,750.
123: Approving an Agreement with Golin/Harris Communications, Inc., for professional
consulting services. (Community Development and Public Utilities.)
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES NOVEMBER 5~ 1996
123: Approving an Amendment to Agreement with United States Environmental Protection
Agency to expand the Public Utilities Department's Groundwater Protection Program, and
authorizing the Public Utilities General Manager to execute said amendment and take any
actions necessary to implement said Agreement as amended.
Submitted was report dated November 5, 1996 from the Public Utilities General Manager recommending
approval of the subject agreement.
Council Member Feldhaus. He asked for details on the program including the total cost, if it was an on-
going program, and what would the program accomplish.
John Hills, Environmental Services Manager, Public Utilities. The project is entirely funded through
grants and outside support. None is coming from Utilities funding. The overall cost is $40,000 covered
by a one-time grant of $30,000 supplemented by an additional $10,000 in funding from the Rockwell
Coq3oration. The City's contribution is only in in-kind services. It is an educational program and 3,000
elementary school children have gone through the program. The event is held at Rockwell. It is an
awareness program they are trying to bring to the attention of students.
Council Member Feldhaus surmised that it was a one-time program to educate children relative to the
ground water supply; Council Member Zemel. As the City's representative on the Orange County Water
District Board, he can report that the program is being touted as an excellent one.
A33. 114: Approving minutes of the Anaheim City Council meeting held October 8, 1996.
Roll Call Vote on Resolution Nos. 96R-188 and 96R-189 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 96R-188 and 96R-189 duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
A34.
105: APPOINTMENTIREAPPOINTMENT TO THE MOTHER COLONY HOUSE ADVISORy
BOARD: Appointments/reappointments to the Mother Colony House Advisory Board to fill
vacancies for terms expidng December 31, 1996 (terms of Bastrup, Hoag and Edwards).
Mayor Daly moved to nominate for reappointment the three subject individuals whose terms will be
expiring December 31, 1996. He knows that all three are interested in continuing serving.
On motion by Council Member Zemel seconded by Mayor Daly, nominations were closed. MOTION
CARRIED.
MOTION. Mayor Daly moved to reappoint Harold Bastrup, Gerald Edwards and Peggy Hoag to the
Mother Colony House Advisory Board for the terms ending December 31, 2000. Council Member Zemel
seconded the motion. MOTION CARRIED.
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES NOVEMBER 5, 1996
A35.
112: HEARING ($:00 P.M.t - SUPPLEMENTAL LAW ENFORCEMENT SERVICI~S FUNI3
(SLESF); Supplemental Law Enforcement Services Fund (SLESF) - proposed allocation of
funds received for misdemeanor prosecution services. It is recommended that the City Council:
(1) Increase Revenues Account no. 101-103-1125-3259 by the amount of $22,391.38 and
increase Expenditure Accounts Nos. 101-103-1125-6001 and 6071 by the same total amount for
FY 1996-97.
(2) Approve the City Attorney's expenditure plan for SLESF monies received by the City
Attorney's Office.
(3) Authorize the creation of one additional Deputy City Attomey-Prosecution position in the City
Attorney's Office.
Submitted was report dated October 28, 1996 from City Aftomey, Jack White recommending the subject
uses. Also submifled was memorandum dated January 18, 1996 from Senior Assistant City Attorney,
Mark Logan who heads the City's Criminal Prosecution Division detailing the need for the additional staff
position.
City Attomey White bdefed his report which justified the recommendation before the Council tonight;
Mark Logan, Sr. Assistant City Attorney-Prosecution was also present to answer questions.
After a detailed presentation on the need for the additional Deputy City Attorney-Prosecution, Council
Members posed questions which were answemcl by Mr. Logan and Mr. White.
Mark Logan. He reported, on questioning, that the current case load of the prosecuting Attorneys is in
excess of 13,000 cases a year. From the Court's own statistical studies, Anaheim has about one half of
the case load in the Orange County Municipal Court. At present, beside himself, there are seven
attorneys and one is a CDBG (Community Development Block Grant) funded attorney where the money
does not come from the General Fund. The work done by this attorney is limited only to specific
prosecutions relating to Anaheim Municipal Code cases occurring within the CDBG target areas. He also
clarified that they were handling cases now that a few years ago might have been tded as felonies by the
District Attorney's Office.
Mayor Daly opened the hearing and asked to hear from anyone who wished to speak; there was no
response.
Mayor Daly. He believes that Mark Logan's memo to Jack White lays out cleady the rationale and the
argument for adding the position. He agrees completely with the City Attomey's recommendation to
spend the $22,000 in this manner. The track record of the City's Prosecution Division at North Court is
outstanding and the cost-benefit ratio is superb. They should continue to promote the program because
of the clear advantages for the City in doing so, in addition to addressing activities and combating things
such as prostitution, drugs, assisting in anti-gang efforts and the ability to go after slum lords and others
who have a detrimental impact on the City. He strongly supports the recommendation.
MOTION. Mayor Daly moved to approve the three actions recommended by staff (see Items (1), (2) and
(3) above) accepting the $22,391.38 and approving the City Attorney's expenditure plan for same.
council Member Zemel seconded the motion. MOTION CARRIED.
Mayor Daly. The Council will look forward to progress reports during the next budget hearings.
9
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES NOVEMBER 5~ 1996
ITEMS B1 - Bll FROM THE PLANNING COMMISSION MEETING OF OCTOBER 14. 1996:
INFORMATION ONLY -APPEAL PERIOD ENDS NOVEMBER $. 1996:
BI.
179: CONIplTIONAL USE PERMIT NO. 3750. CATEGORICALLY EXEMPT. CLASS 21:
OWNER: JUAN M. MEDIOLA, 2600 E. Ward Ten'ace #5, Anaheim, CA 92806
LOCATION: 804 North Anaheim Boulevard. Property is a rectangularly-shaped parcel of land
consisting of approximately 0.16 acre, having a frontage of approximately 50 feet on the east
side of Anaheim Boulevard and located approximately 95 feet north of the centedine of North
Street.
Petitioner requests modification of a condition of approval pertaining to the maximum number of
displayed ca~s in conjunction with a previously approved automobile sales lot.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved amendment to conditions of approval for CUP NO. 3750 (PC96-105) (7 yes votes).
B2.
179: CONDITIONAL USE PERMIT NO. 38S7 AND NEGATIVE DECLARATION:
OWNER: AETNA LIFE INSURANCE COMPANY, c/o LINCOLN PROPERTY PLANNING
COMPANY, Attn: S. Ritschel, 30 Executive Park, Suite 100, Irvine, CA 92713
AGENT: AIR TOUCH CELLULAR, Attn: Melinda Hsu, 3 Park Plaza, P.O. Box 19707, Irvine, CA
92713
LOCATION: 385 and 405 North Muller Street. Property is a rectangularly-shaped parcel of land
consisting of approximately 1.67 acres, having a frontage of approximately 274 feet on the west
side of Muller Street and located approximately 300 feet south of the centedine of Corporate
Way.
To permit a 15-foot height extension (91 feet total including whip antennas) and additional
antennas on an existing monopole communication antenna.
ACTION TAKEN BY THE PLANNING COMMISSION:
WITHDRAWN BY THE APPLICANT.
B3.
179: CONDITIONAL USE PERMIT NO. 3245 AND NEGATIVE DECLARATION:
OWNER: NORWALK INVESTMENTS, 1020 N. Batavia Street, #B, Orange, CA 92667
AGENT: ANACAL ENGINEERING, Attn: David Queyral, 1900 E. La Palma Avenue, #202,
Anaheim, CA 92803
CHARLIE'S EXOTIC AUTO WORK'S, Attn: Charlie & Anna Barragan, 532 S. Rose Street,
Anaheim, CA 92805
LOCATION: 526 and 532 South Rose Street. Property is a rectangularly-shaped parcel of land
consisting of approximately 0.80 acre, having a frontage of approximately 196 feet on the east
side of Rose Street and located approximately 325 feet south of the centerline of Santa Ana
Street.
Petitioner requests readvertisement of Conditional Use Permit No. 3245 to amend or (]elete a
condition of approval pertaining to the time limitation of a previously approved auto body and
paint facility and to modify the existing approved exhibits to allow a decrease in floor area.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3245 APPROVED for one year (to expire 7/11/97) (PC96-106) (7 yes votes).
Negative Declaration previously approved.
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CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES NOVEMBER $~ 1996
179: VARIANCE NO. 1945-3. CATEGORICALLY EXEMPT. CLASS 21:
INITIATED BY: CITY OF ANAHEIM, PLANNING DEPARTMENT, (CODE ENFORCEMENT
DIVISION), 200 S. Anaheim Boulevard, Anaheim, CA 92805
LOCATION: 1126 North Anaheim Boulevard (El Mural Restaurant}. Pmberty is a rectangularly-
shaped parcel of land consisting of approximately 0.26 acre located at the northwest comer of
Anaheim Boulevard and ParTy Avenue.
City-initiated (Cede Enforcement Division) request to consider the revocation or modification of
Variance No. 1945-3 (to permit the operation of a restaurant).
ACTION TAKEN By THE PLANNING COMMISSION:
Modified Variance No. 1945-3 (PC96-107)
B5.
170: CONDITIONAL USE PERMIT NO. 3866 WAIVER OF CODE REQUIREMENT AND
NEGATIVE DECLARATION:
OWNER: RONALD GROSMAN, 817 S. Bmokhurst Street, Anaheim, CA 92804
LOCATION: 817 S. Brookhurst Street (All Seasons Tiro & Auto Center~. Property is
approximately 0.47 acre located at the southwest comer of Brookhurst Stroet and Colchester
Drive.
To rotain U-Haul truck rontal in conjunction with an existing rotail tiro and auto center, with
waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3866 GRANTED (PC96-108) (7 yes votes).
Approved waiver of code requirement.
Approved Negative Declaration.
179: CONDITIONAL USE PERMIT NO. 3595 AND NEGATIVE DECLARATION:
OWNER: SWEDE CAL PROPERTIES, INC. 1000 Quail Street, Suite 220, Newport Beach, CA
92660
AGENT: DR. DAVE LAGORE, P.O. Box 18085, Anaheim, CA 92817
LOCATION: 5109 East La Palma Avenue (Suite "A"~. Property is approximately 9.33 acres
located at the northeast comer of La Palma Avenue and Kellogg Drive.
Petitioner requests modification or deletion of a condition of approval pertaining to a time
limitation for a previousiy approved church.
ACTION TAKEN BY THE PLANNING COMMISSION:
Modified conditions of approval of CUP NO. 3595 (PC96-109).
Negative Declaration proviously approved.
B7.
179: VARIANCE NO. 4297~ CATEGORICALLY EXEMPT, CLASS 11:
OWNER: DR. CALVIN WILLIAMS, 13320 Riverside Dr., #110, Sherman Oaks, CA 91423
AGENT: WATKINS/BAILE & ASSOCIATES, 20321 Birch, #200, Newport Beach, CA 92660
LOCATION: 5635-5695 East Oranoethorpe Avenue (Hillview Shoppinfl Center). Property is
approximately 1.9 acres located at the northwest comer of Orangethorpe Avenue and Imperial
Highway.
Waivers of minimum distance between roof signs and froestanding signs and maximum number
of roof signs to construct a new roof-mounted parapet with fourteen (14) roof signs and one (1)
approximate 162 square-foot, 3-sided monument sign.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4297 DENIED (PC96-110) (5 yes votes, 2 no votes).
11
CITY OF ANAHEIM. CALIFORNIA - COUNCIL MINUTES NOVEMBER 5, 1996
B8.
179: CONDITIONAL USE PI~RMIT NO. 3876 AND NEGATIVE DECLARATION:
OWNER: COUNTY OF ORANGE (HARBOR, BEACHES AND PARKS), 300 N. Flower, Santa
Ana, CA 92702
AGENT: LOS ANGELES CELLULAR, Attn: Leslie Daigle, 17785 Center Court DHve North,
Cerrttos, CA 92701
J. L. HARE ASSOCIATES, Attn: Holly Sandier, 17581 Irvine, Blvd. ~200, Irvine, CA 92680
I, OCATION: 7~00 East La Palma Avenue (Yod~a Regional Park}. Property is approximately
113.05 acres located at the southwest comer of Weir Canyon Road and La Palma Avenue.
To permit an approximate 59-foot high telecommunication monopole antenna and accessory
equipment.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3875 GRANTED for 10 years (to expire 10/4/06) (PC96-111).
Approved Negative Declaration.
Council Member Feldhaus asked if the proposed antenna is on the Anaheim side of the park; Mayor
Daly. It is County property, but it is in Anaheim. It appears to be at the far east side of the park.
Mayor Daly requested a review of the Planning Commission's decision concurred in by Council Member
Lopez and, therefore, a Public Hearing will be scheduled at a later date.
Bg.
179: CONDITIONAL USE PERMIT NO. 3876 AND NEGATIVE DECLARATION:
OWNER: GLENDALE FEDERAL BANK, Attn: Lany Poffenberger, 401 N. Brand Blvd., Suite
534, P.O. Box 1709, Glendale, CA 91209
AGENT: UNITARIAN SOCIETY OF ORANGE COUNTY, Attn: Jim Gibson, 918 West Lincoln
Avenue, Suite I, Anaheim, CA 92805
LOCATION: 511 South Harbor Boulevard. Property is approximately 0.54 acre located at the
southwest comer of Santa Aha Street and Harbor Boulevard.
To permit the conversion of a 3,320 square-foot bank building to a church.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3876 GRANTED (PC96-112) (7 yes votes).
Approved Negative Declaration.
Mayor Daly asked if staff was comfortable with the conditions of approval on this item which is across the
street from the Police Station.
Joel Fick, Planning Director. There is landscaping on the site which is well maintained. The building
modifications are not substantial and mostly internal. Relative to church members, the congregation is
limited to 50 unless a parking study is submitted and approved by the City. There is sufficient parking for
that number. He also confirmed for Council Member Lopez that a nursery is not requested as part of the
use.
REPORTS AND RECOMMENDATIONS:
B10. 179: CEQA EXEMPTION SECTION 15061
CODE AMENDMENT NO. 98-t7 - TO AMEND THE ANAHEIM MUNICIPAL CODE: City
initiated (Planning Department), 200 S. Anaheim Blvd., Anaheim, CA 92805, request to consider
Code Amendment No. 96-17 pertaining to Chapter 18.110 of Title 18 (Zoning) of the Anaheim
12
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES NOVEMBER $~ 1996
Municipal Code to correct the boundaries of a paleontological resource area located in the SP94-
I (Northeast Area Specific Plan) Zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended adoption of the ordinance to the City Council (7 yes votes).
ORDINANCE NO. 5585: (INTRODUCTION) Amending Ordinance No. 5517 relating to Zoning
and Development Standards for the Northeast Area Specific Plan (SP 94-1, to correct
boundaries of paleontological resource are.)
Mayor Daly offered Ordinance 5585 for flint reading. Refer to Ordinance Book.
ORDINANCE NO. 5585: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
ORDINANCE NO. 5517 RELATING TO ZONING AND DEVELOPMENT STANDARDS FOR
THE NORTHEAST AREA SPECIFIC PLAN (SP 94-1, TO CORRECT BOUNDARIES OF
PALEONTOLOGICAL RESOURCE ARE.)
Bll.
179: CONDITIONAL USE PERMIT NO. 2018 - REQUEST FOR DETERMINATION OF
SUBSTANTIAL CONFORMANCI~;
REQUESTED BY: MICHELLE LARSON, ESSEX REALTY MANAGEMENT, 3146 Redhill
Avenue, Suite 150, Costa Mesa, CA 92626
LOCATION: 1661 North Raymond Avenue.
Petitioner requests determination of substantial conformance for a college in an existing office
building.
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined to be in substantial conformance with the guidelines set forth in Resolution No.
PC79-177 (7 yes votes).
ITEM B12 FROM THE PLANNING COMMISSION MEETING OF OCTOBER 28~ 1996:
INFORMATION ONLY -APPEAL PERIOD ENDS NOVEMBER 7, 1996;
B12.
155: ENVIRONMENTAL IMPACT REPORT NO. 313 AND FINAL SITE PLAN REVIEW NO.
86-08 - REVIEW AND APPROVAL:
REQUESTED BY: WLO PARENT CORP. c/o GENERAL MANAGER'S OFFICE, 1717 South
West Street, Anaheim, CA 92802
LOCATION: 1717 South West Street (Disne¥1and Pacific Hotel).
Petitioner requests review and approval of a Final Site Plan including an elevation plan and sign
plan to construct a new main entrance facade for the Disneyland Pacific Hotel and wall signage
for an existing restaurant (Yamabuki - Traditional Japanese Cuisine).
ACTION TAKEN BY THE PLANNING COMMISSION:
Final Site Plan Review No. 96-08 APPROVED (5 yes votes, 2 absent).
EIR NO. $13 previously certified.
END OF THE PLANNING COMMISSION ITEMS.
13
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES NOVEMBER 5, 1996
B13.
179: ORDINANCE NO. 5586: (INTRODUCTION) Amending The Zoning Map Referred To In
Title 18 Of The Anaheim Municipal Code Relating To Zoning, To Rezone Property Under
Reclassification No. 95-96-05 Located At 1925 West Lincoln Avenue From The Rrm1200 Zone
To The Rm-3000 Zone. (Lincoln And Muller Streets.)
Mayor Daly offered Ordinance No. 5586 for first reading. Refer to Ordinance Book.
ORDINANCE NO. 5586: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE
ZONING MAP REFEREED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO ZONING, TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 95-96-05 LOCATED
AT 1925 WEST LINCOLN AVENUE FROM THE RM-1200 ZONE TO THE RM-3000 ZONE.
(LINCOLN AND MULLER STREETS.)
C1. RI~PORT ON CLOSED SESSION ACTIONS:
City Attorney Jack White Stated that there are no actions to report.
C2. 114: ~[NFORCEMENT - ILLEGAL SIGNS - ABANDONED SHOPPING CARTS: Council
Member Feldhaus. He asked for an update status report from Code Enforcement on how the Mayor's
suggestion having part-time people take down illegal signs and to handle the shopping cart problems is
doing,
City Manager Ruth. The shopping cart report is completed. He will check on the rest and report to the
Council
Council Member Feldhaus noted that there were many violations this weekend relative to illegal signs.
City Manager Ruth. Crews were out Sunday and took down over 600 signs that were in violation of the
City Ordinance and they were also out on Monday for another full day.
Council Member Lopaz. He is ~oncemed relative to abandoned shopping carts which he hoped could be
picked up along with the signs but he does not know how the City is going to handle that situation.
City Manager Ruth. He and the City Attomey are working on the issue. Preliminary work has been done
and a report will be forthcoming.
Mayor Daly. Relative to shopping cads, he feels they should analyze the new State law regarding
shopping carts which makes it difficult for the City to police its own streets relative to stolen or 'borrowed'
property. They should be as aggressive as possible despite State law.
City Attorney White. State law does not prevent the City from doing something but does impose strict
procedures that have to be followed. The law distinguishes shopping carts that have identification on
them and those that do not. Those without are considered abandoned or lost prepe;ty and can be picked
up. If the cart has identification, under State law, the City has to notify the owner of the cart and wait
three days before it can be removed by City Personnel. That is the main restriction. The carts then have
to be stored in a place open at least six hours a day, five days a week to give the owner the right at any
14
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES NOVEMBER 6~ 1996
time during that period to pick up the cart(s) and pay a reasonable storage charge that does not exceed
the cost of picking up and storing the cart. The difficult thing is the three-day wait. State law can be
implemented but it is of very limited value.
Council Member Feldhaus. To him, it is a matter of regaining local control. AB317 was appmvod by the
legislature and signed by the Governor which limits that control. It is a continuing problem in cities. In
Anaheim, it has been a goal to clean up the City and to move aggressively.
Mayor Daly. He appreciates the newsletter that Code Enforcement put together which summarizes the
efforts they have made and which focuses on the removal of illegally posted signs. The most recant
newsletter he saw mentioned that on one day alone, 394 illegal signs had been removed by volunteer
teams. This is an excellent uSo of volunteem to help keep the streets of Anaheim clean. He appreciates
the great work the City Manager has done and the Code Enforcement Department to bring in volunteers.
Perhaps if Anaheim citizens continue to help remove signs, people will not be as quick to post them.
DI.
'171~; PUBLIC HI~ARING - ABANDONMENT NO. 96-7A: In accordance with application filed
by The Related Companies/Anaheim Housing Authority, 18201 Yon Karman Suite 400, Irvine,
Ca. 92715., a public Hearing was held on the propoSod abandonment of a certain easoment for
Citron Street, Hall Avenue, Victor Street, Julianna Ave., Bywood Ave. and Alleys within the
South of Romneya project pumuant to Resolution No. 96R-170 duly published in the North
Orange County News and notices thereof posted in accordance with law.
Report of the City Engineer dated September 27, 1996, 1996 was submitted recommending approval of
said abandonment.
Natalie Meeks, Civil Engineer, Public Works confirmed that staff recommends approval of said
abandonment.
Mayor Daly opened the Public Headng and asked if anyone wished to address the Council; there being
no responso he cioSod the public hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Mayor Daly,
seconded by Council Member Zemel, the City Council finds that the propoSod activity falls within the
definition of Soctions 3.01 Class 5 of the City of Anaheim guidelines to the requirements for an
Environmental Impact Report and is, therefore, categorically exempt from the requirements to file an
EIR. MOTION CARRIED.
Mayor Daly offered Resolution 96R-190 for adoption. Refer to Resolution Book.
RESOLUTION NO. 96R-190: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING PORTION OF CITRON STREET, HALL AVE., VICTOR STREET,
JULIANNA AVE., BYWOOD AVE. AND ALLEYS WITHIN THE SOUTH OF ROMNEYA
PROJECT (ABANDONMENT NO. 96-7A ).
Roll Call Vote on Resolution No. 96R-190. for adootion:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
MAYOR/COUNCIL MEMBERS: None
MAYOR/COUNCIL MEMBERS: None
The mayor declared Resolution No. 96R-190 duly passed and adopted.
15
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES NOVEMBER 6, 1996
D2.
179: CONDITIONAL USE PERMIT NO. 3699 - REQUEST FOR AN EXTENSION OF TIME TO
(~OMPLY WITH CONDITIONS OF APPROVAL:
REQUESTED BY: REVEREND GEORGE N. VlDA, 319 North Harbor Boulevard, Anaheim, CA
92805.
[,OCATION:. Property is located at 999 North West Street.
Reverend George N. Vida requests a one year extension of time to comply with conditions of
approval for Conditional Use Permit No. 3699 (to permit a church with bell tower) to expire on
September 27, 1997. This petition was originally approved on September 27, 1994.
A(~TION TAKEN BY THE PLANNING COMMISSION;
Request for retroactive extension of time for CUP NO. 3699 APPROVED (to expire September
27, 1997.)
HEARING SET ON: A review of the Planning Commission's decision requested by Mayor Daly and
Council Member Feldhaus at the meeting of October 8, 1996, Item B6.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News - October 24, 1996
Mailing to property owners within 300 feet - October 24, 1996
Posting of property - October 25, 1996
STAFF INPUT:
See staff report to the Planning Commission's dated September 16, 1996.
Mayor Daly. The request by the applicant was for an extension of time on the Conditional Use Permit
which was approved a couple of years ago and that extension has been approved by the Planning
Commission. The Planning staff has given additional information on the matter. He asked the Planning
Director to summarize the highlights of where the project stands.
Joel Fick, Planning Director. This C.U.P. was originally approved by the City Council in 1994. The
C.U.P. permitted an 8,355 square foot church building and a two-story social hall with a basement, and
also a bell tower. The project is heavily landscaped. There are two conditions required to be complied
with prior to the issuance of a building permit or within one year - (1) payment of a sewer capacity
mitigation fee, and (2) since the project incorporated a portion of City property, that either the property be
purchased, or some type of leasing arrangement entered into with the City. Those two conditions are the
subject of the time extension. He confirmed that the Planning Commission in October granted the one
year extension of time.
Mayor Daty. Before opening the hearing, he asked for details of the requirement in the original permit
that the developer purchase a 5,000 sq. f. parcel from the City or enter into a lease agreement.
Joel Fick. The project originally proposed incorporated a portion of City property into the development,
but there was also an additional alternative that the pmjec/ could be redesigned to encompass only
private property as well. With the notion that the project would incorporate the public property, the
Planning Commission included the condition that required the purchase or lease arrangement to be
made.
Natalie Meeks, Civil Engineer, Public Works. After the Planning Commission imposed that condition,
the church submitted an offer to purchase the property from the City and a limited appraisal was
submitted along with that. Generally, there is a request to purchase the property and the City then uses
one of its consultants for the appraisal process which is funded through the request to purchase. The
16
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES NOVEMBER 5~ 1996
consultant reviewed the appmisel submitted by the church and found that the property had been severely
discounted with no substantial documentation included justifying the reduction in the value of the
pmpa~ty. The City's appraiser feels the value is much higher. They asked the church to submit a new
appraisal with additional documentation and justification for the discount. The church has not yet done
that.
Mayor Daly then posed additional questions to the Planning Director relative to the parcel under
discussion. The mason he is going into such detail, the Little League field adjacent to the parcel is an
extension of Sage Park. It has an awkward entrance at the end of the cul de sec at LaEntmda Circle. It
is a difficult site already. He is wondering what the thinking is in terms of selling what is about 1/10th of
an acre to the adjacent proposed chumh as opposed to working with the church to try to get better
circulation and perhaps create better parking for the ball field. If the situation is not handled properly,
they might be making a bad situation worse rather than being creative in working things out to the
potential mutual benefit of the church and the park.
Natalie Meeks. It was not the City's first idea to do that. The church came in with the pmpasel which
does not allow for any circulation between the two. She confirmed that the development proposes to use
that 5,000 + sq. ft. piece.
Council Member Feldhaus. The triangular piece the church is interested in is a landlocked piece of
pmporty, it is not necessary to give up the ehtim portion of the park site to get that triangle because it
will still be possible to use the site. The mason he asked to have the matter brought before the Council
is to get to a paint where the church can build their project. They am short six parking spaces and em
willing to buy City property to get those spaces. The City's appraisal is three times the church appmisel.
He feels if they got · third appraisal, it would come in stating, because the property is next to a culvert
and since it is landlocked, it does not have the seme value as an accessible piece of property. The
church has limited resources. He wanted the Public Hearing in order to get input and to come to some
conclusion so that the church can start their project.
Council Member Lopez. He agrees with Council Member Feldhaus. It does not seem the property is
worth a whole lot to anyone.
Natalie Meeks. The appmisel looked at that. The Church's appmisel did not include complete
justification. Staff would like to see the steps that ware taken in valuing the property and the justification
for the reduction. The City's consultant did not do a full appraisal because the church did not want to
fund lt. His preliminary review seid it looked very Iow based on the limited information included in the
appmisel. Staff has requested mom information but they have not received it. It certainly does have
value as additional square footage for the park or for the site.
Council Member Lopaz. The Mayor brought up a good point that the City might want to use it for
parking. Church use would be mainly Sunday momings and some evenings.
Natalie Meeks. Staff would be happy to discuss the possibility of shared parking with the church. Them
may be a way to work out lease arrangements or shared use for that parking.
Mayor Daly opened the Public Hearing and asked to hear from representatives of the property owner or
applicant.
Ed Sapego, Architect, Annunciation Byzantine Catholic Church, 24985 Suffer Ddve, Laguna Hills. The
church has been in the local area for about 25 yearn (located on Harbor Boulevard) from the Van Nuys
Diocese. Them is a corn of faithful who have moved hem to be involved with the church. He gave the
history of the project from its approval in 1994 to present. He also mad the condition that specifically
addressed the property under discussion which they followed to the letter (see Condition No. 1 in City
Council Resolution No. 94R-244). Them was nothing in the condition that said they had to go to the Real
Pmporty Section of the City to get advice. The appraiser they used had a reputation in the City and they
17
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES NOVEMBER Si 1996
felt it was a valid, accountable appraisal. At this time, he is going to offer the church the option of
eliminating the City-owned property at no cost to them (the church) for the redesign of the building itself.
The plan is 100% complete. He will go back to his consultants and eliminate the need for that additional
parking if the church accepts his offer.
Mayor Daly. He reminded Mr. Sapego that the only thing on the agenda tonight is the request for a time
extension but he wanted to bring up the other issues, his goal being the best compatibility between the
park and the proposed church.
Mr. Sapego. He believes the situation can easily be remedied with a discussion on beth sides. The
church feels them is an offer on the table which is an acceptable one for them to purchase the property.
The City has a higher number.
Mayor Daly. He asked how he felt about working with the City regarding the property to t~j to alleviate
the parking challenge the park has and the day-to-day compatibility of the two. Since the church is
adjacent to the park which is used for a Little League field, the opportunity is them.
Mr. Sapago. Speaking for himself, from s planning standpoint, the chumh is using the facility on
weekends for their liturgy. That may coincide with some of the activities the City has in mind. The
biggest concern would he the accessibility of the public going onto the church property. It is a private
church. Them will he maintenance problems and he believes that is the major concern. Father Vida will
speak to the issue.
George Vida, Pastor of Annunciation Byzantine Catholic Church, 999 N. West Street, Anaheim. He is
concamed that it would be used for parking for the park. If so, they would have to open up that ama.
When he talked about the plan before, he was told they would have to work to make that particular area
secure so it would not be overrun by other people. If they open it up now and the public comes on to the
property, he questioned what the legal ramifications would he - also, he questioned how would they be
able to take cam of the pmporty and where would they put the fence. He sees nothing but problems with
that proposed solution. The property is landlocked by the flood control channel. The Little League field
has been fenced off and them is no way to get into that area unless they open up the parking ama from
the Little League field on to their pmparty.
Mayor Daly asked Pastor Vida if he and his congregation might be interested in acquiring that entire
section of the park-the Little League field right next door. The field and the parking does not work right
now.
Pastor Vida. It depends on the price and whether they have the resources. They have a tight budget
even now.
Mayor Daly. He has had complaints from people who live on the street relative to through traffic. It is an
awkward land use situation and he does not want to make it worse. Although the item on tonight's
agenda is for a one-year extension of time to work out details of the permit, he asked Pastor Vida if he
would be willing to talk to City staff about working out some type of solution that helps the park with its
landlocked and parking challenge.
Pastor Vida stated they are always open for discussion. He also confirmed that they are comfortable with
the one-year extension.
Council Member Feldhaus. The problem originated when them was a shortage of six parking spaces for
the church. He asked if consideration was given to a waiver on the six spaces instead of a lease or
pumhasa of the adjacent piece of property to get the sufficient number of spaces.
18
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES NOVEMBER 5, 1996
Joel Fick, Planning Director. To his knowledge it was not since it was not part of the original proposal.
At the time the project originally came fonvard, some neighbors hod concams to the point where the
Planning Commission did impose two conditions describing when church services could be held, i.e., one
weekday service at 9:00 a.m. and one Sunday service at 10:00 a.m. exclusive of sbeclal Holy Days. In
addition, the church was allowed evening operations for committee meetings with a maximum
attendance of 50 parsons. Those conditions were imposed to address traffic to the site and to mitigate
the impact of church operations on the neighborhood. If parking is reduced, the neighbors may have
concams in that regard as well.
Council Member Feldhaus. Perhaps they may want to reodvertise and request the waiver for those six
spaces. That would allow the City to keep the 5,000 + square foot piece of property and allow the church
to meet the requirements. The project needs to move foMard.
Council Member Zemel. He is inclined to move to approve the one-year extension and instruct staff to
look at the issue since it is still open for discussion.
Mayor Daly asked if anyone else wished to speak. There being no response, he closed the Public
Hearing.
Mayor Daly. He asked staff to work with the church leadership to see what types of solutions might be
available. Perhaps because of the way the property is configured, there are no alternatives available but
it is worth a try to see if the whole neighborhood could be better off. Perhaps the Parks and Recreation
people could also get together relative to some solutions regarding the ball field and the parking problem
caused by the field. The Council would like to expedite a decision one way or another including a
disposition on the 5,000 + square foot piece of property.
(~ALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: On motion by Mayor Daly, seconded by
Council Member Lopez the City Council finds that the Negative Declaration previously approved in
connection with is adequate to serve as the required environmental documentation, that it has
considered the previously approved Negative Declaration together with any comments and evidence
received during the public review process and that there are no additional impacts in connection with the
subject action. MOTION CARRIED.
Mayor Daly offered Resolution No. 96R-191, for adoption. Refer to Resolution Book.
RESOLUTION NO. 96R-191: CONDITIONAL USE PERMIT NO. 3699 - EXTENSION OF TIME
TO COMPLY WITH CONDITIONS OF APPROVAL.
Roll Call Vote qn Resolution No. 96R-191 for ad0otion:
AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 96R-191 duly passed and odopted.
19
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES NOVEMBER 5, 199R
ADJOURNMENT: By general Council consent, the City Council Meeting of November 5, 1996 was
adjourned (6:35 P.M.). The next scheduled Council Meeting is Tuesday, November 19, 1996.
RAN. $OHL
CITY CLERK
2O