1996/12/10ANAHEIM, CALIFORNIA - COUNCIL MINUTES
DECEMBER 10, 1996
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Shirley McCracken, Bob Zemel, Lou Lopez, Tom Daly
COUNCIL MEMBERS: Tom Tait
CITY MANAGER: James Ruth
CITY A'I-rORNEY: Jack White
CITY CLERK: Leonora N. Sohl
PUBLIC WORKS DIRECTOR/CITY ENGINEER: Gary Johnson
TRAFFIC & TRANSPORTATION MANAGER: John Lower
PLANNING DIRECTOR: Joel Fick
ZONING DIVISION MANAGER: Greg Hastings
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 1:20 p.m. on
December 6, 1996 at the Civic Center Kiosk, containing all items as shown herein.
Mayor Daly called the Workshop portion of the Council Meeting of December 10, 1996 to order at 3:17 p.m.
and welcomed those in attendance. He noted that membem of the City Planning Commission,
Redevelopment Commission and a member of the Mother Colony House Advisory Board were also present
to hear the presentation.
City Manager, James Ruth. This is the date and time scheduled for a Workshop to bring the Council up to
date on the Anaheim Stadium Renovation Project. The Public Works Director, Gary Johnson will introduce
the representatives from Disney, HOK (Architects), and the (Disney) Anaheim Angels who will make a
presentation briefing the Council on the progress of the project which is currently under way.
101: ANAHEIM STADIUM RENOVATION PROJECT: Gary Johnson, Public Works Director and City
Engineer. The role of City staff on this project is one of oversight to assure that the major program
elements outlined in the lease of May, 1996 conform. Gary Simon, Senior Development Manager, Walt
Disney Imagineedng, will begin the presentation.
The following representatives then gave a presentation on different aspects of the Anaheim Stadium
Renovation:
Gary Simon, Senior Development Manager, Walt Disney Imagineerlng. Since October 1, 1996, the
renovation team has been working very diligently and successfully towards the Phase I completion date for
the project which is April 1, 1997. They have been working with the Anaheim Angels and HOK finalizing
the stadium design the Council will see today. The designers have also been able to enhance the fan
experience and contribute added value to the stadium such as maintaining a field tenace concourse,
creating a new group event area for families and an area for children.
Earl Santee, HOK. He prefaced his remarks by stating that Anaheim Stadium is much like (Baltimore)
Orioles Park in the way it is configured. It is widening its approach and appeal across a variety of fan base.
His presentation was supplemented by slides, hard copies of which were presented in booklet form (see -
Stadium Presentation - Anaheim City Council, December 10, 1996 - Anaheim Angels - made a part of the
record). He gave a 'walk through" of each of the floors/levels of the stadium as well as cress-sections and
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES DECEMBER '1996
renderings in order to show the kinds of improvements that will give a far supedor building than ever before.
He bdefed each level giving extensive details relative to the improvements to be made and the amenities
provided (dugout suite level, service level, field level, field ten"ace level, mezzanine level, club level, view
level). A new level is the dugout suite level. There were also two slides showing a cutaway section of the
stadium levels at home plate and also at the 1st and 3rd base side showing how the configuration allows for
natural breezes and daylighting. Also bdefed was the schematic site plan (Anaheim Sports Complex) which
showed the landscape plan creating an experience outside of the building (stadium) including a hardscape
baseball diamond outside of the entrance (behind the home plate area) looking toward the stadium where
the patron will experience a vista looking through the stadium, to the field, and beyond. The improvements
will also enable people to look into the 'bowl' and watch people watching the game. He emphasized all
through his presentation that one of the main goals in the stadium renovation is to provide an openness and
views beth into and out of the stadium which they feel is going to make it a very successful project. In
concluding, he stated they believe these improvements will establish a new paradigm as to what baseball
facilities are like in Southem Califomia. The facility will be one baseball facilities are measured to in the
future just as with the Affowhead Pond facilities.
Ken Ulich, on behalf of Anaheim Sports, Inc. and the Anaheim Angels. He explained that they are proud of
the facility. Anaheim Stadium will measure up with the best. It is very important to the ball club which has
to stay competitive not only with its players, but also with its fans. They are going to offer many amenities
including a dining experience, pre- and post-game areas, and a kids area. There is also a need to attract
players with a competitive facility. They look to see both what the facility and the team has to offer. He
appreciates being able to share what is a very exciting time taking the stadium back to its glory days of
1966.
Gary Simon. Before concluding the presentation and answering questions by the Council, he showed some
additional slides - one showing the form for the seating bowl for the now dugout suite level being poured, a
view showing a portion of the stadium that is being reopened with the Arrowhead Pond coming into view
from the club level and a shot with the Big A showing the final location of where the view cut will be. The
project is totally on budget and on schedule. Relative to the schedule of the project, it is an 18-month
renovation program but broken down into three six-month renovation periods. He explained what will occur
during those periods (Phase I, II and lit). The goal during Phase I (to be completed by April 1, 1997) is to do
all the massive renovation work so that it is completed by the start of the baseball season.
Mayor Daly. He believes all the design ideas presented will be very popular. The Council has been
receiving monthly updates from the Public Works Department on the construction and will look forward to
continuing receiving those in order to be kept apprised of all the schedules and milestones. He thanked
everyone who participated in the workshop. The graphics and materials presentod were very helpful. He
also thanked those Commission Members who attended the Workshop.
RECESS:
Mayor Daly moved to recess into Closed Session. Council Member Lopez seconded the
motion. Council MemberTait absent. MOTION CARRIED. ( 3:56 p.m.)
REQUEST FOR CLOSED SESSION:
City Attomey 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.
2
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 10, t996
The following items aR to be considered at the Closed Session.
1. CONFERENCE WITH LABOR RELATIONS:
Agency negotiator:. Dave Hill
Employee organizations: AFA and AMEA
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (a) - EXISTING LITIGATION
Name of case: McCray v. City of Anaheim, et al., Orange County Superior Court Case No. 76-10-
51.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the Government
Code: (one potential case).
AFTER RECESS:
The Mayor called the meeting to order, all Council Members being present, and welcomed those in
attendance to the Council meeting. ( 5:20 p.m.)
INVOCATION:
Pastor Jimmy Gaston, Church of Chdst, gave the invocation.
FLAG SALUTE:
Council Member Bob Zemel led the assembly in the Pledge of Allegiance to the Flag.
Mayor Daly announced that Council Member Tait is not present at the meeting tonight since he is in
Washington, D.C. working on City business.
110: PRESENTATION - KICKOFF- DOWNTOWN COMMUNITY CENTER CAPITAL CAMPAIGN:
Announcing the Kick-Off of the Downtown Community Center Capital Campaign led by the Anaheim
Community Foundation (ACF) and recognizing campaign donors.
City Clerk Sohl announced that Bill Taormina, Honorary Chairman of the Community Foundation Campaign
Committee and Sarah Alevizon, President of the Anaheim Community Foundation were present. Campaign
donors will be introduced and recognized for their contributions to the Foundation.
Bill Taormina, Honorary Chairman. Four years ago the City, through Chds Jarvi and his leadership and that
of the Council, decided it would be a good thing to construct a Downtown Community Center, one of throe to
be constructed (also West Anaheim and the Anaheim Hill & Canyon ara). Funds for construction of the
Downtown Center, Phase I, aR already set aside and the project will commence shortly after the first of the
year. They brought together four groups, all of which needed space - Anaheim YMCA, Anaheim Arts
Council, Boys and Girls Club, Anaheim Senior Citizens. The center will not only serve over 100,000
residents downtown, but also the needs of the four organizations. He then recognized Sarah Aievizon,
President of the Foundation who will recognize many of the donors who have already made commitments.
Sarah Alevizon, President, Anaheim Community Foundation. She is pleased to be working with the City in
leading the campaign. The Foundation has made a donation of $25,000 for the Community Center. She
thanked Bill Taormina who is a fdend of the City noting that when wonderful things happen, Bill Taormina is
always them. She thereupon recognized those people who have donated $2,000 or over (monetary and in-
3
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 1996
kind contributions) to make the Community Center a reality. (Mr. Taormina handed each a recognition pin
as they were introduced).
Paul O'Connell and Jeff Famno, Rotary Club ($100,000)
Jemy Yu, Weingart Foundtion ($50,000)
Tory Whittingham, Mighty Ducks
Bill Robertson (Cable TV end public service announcements)
Penny Contos and Jeff McEntim, Century Communications (producing and airing
Evelyn Golemba, individual senior citizen campaign announcements)
Mm. Alevizon noted that Keith Oleson who was instrumental in planning the campaign was unable to be
present tonight.
Representatives from organizations that will use the Community Center were present and were introduced:
Mike Ambrosi and Ted Ament, YMCA; Chris Argubright, Boys and Gids Club; Ted Bryan, Senior Citizens
Club; not able to be present, Mitchell Caldwell, Central City Neighborhood Council.
Mayor Daly, on behalf of the Council, thanked Mm. Alevizon and Mr. Taormina and thanked the contributors
for their generosity in helping to make the Community Center a reality in downtown. He noted that later this
evening, the final plans for Phase I of the center will be presented for approval under the Redevelopment
Agency.
110: PRESENTATION - PUBLIC UTILITIES DEPARTMENT - ENERGY AND WATER EFFICIENCY
STAR AWARDS: Mr. Ed Aghjayan, Public Utilities General Manager explained that the Anaheim Public
Utilities Department serves seven school districts that manage 63 schools and inclndes 41 private schools.
They are present today to honor those schools that participated in the Efficiency Menu for Schools Program
and each district or school representative will receive the department's water and energy EarthStar award.
Before presenting the awards, Mr. Aghjayan explained the program in detail wherein overall water savings
achieved is $15 million annually and a reduction of on-peak energy demand. Representatives from the
following school districts and private schools were present to receive the EarthStar awards: (some for beth
energy and water efficiency, others for energy efficiency or water efficiency)
Anaheim City School District; Anaheim Union High School District; Magnolia
School District; Orange Unified School District; Placentia-Yorba Linda Unified
School District; Savanna School District; Fairmont Private Schools; Prince of
Peace Lutheran School; Servite High School; St. Anthony Claret School;
St. Boniface School
Dr. Jan Billings, District Superintendent, Anaheim Union High School District stated it was her pleasure to
thank the Anaheim Public Utilities Department on behalf of all the schools in the City. She feels they should
be giving the department an award. The money saved as a result of the improvements can now be spent
on additional educational programs.
Mr. Aghjayan also noted that the Utilities Department Efficiency Menu for Schools Program recently won
two major awards: the California Municipal Utilities Association 1996 Resource Conservation Award and the
American Public Power Association, 1996 Energy Innovator Award.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,478.585.19 for the peried ending
December 6, 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. (5:44 p.m.)
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 1996
Mayor Dely reconvened the City Council Meeting (5:45 p.m.)
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
Thuan Do, 2703 Dutcl~ Avenue, Anaheim 92806. He has been a resident of Anaheim for 21 years. The
problem he has is a public problem. It is very difficult to find addresses on many of the major streets in
Anaheim and in trying to do so, it causes traffic hazards. Anaheim is a big city and has many tourists. If
local people cannot find an address, he imagines it must be very difficult for those visiting the City. He
suggests that the City require that there be a visible property number on buildings in order to be able to find
addresses easily, and on the street divider there should be a block number.
Mayor Daly. He thanked Mr. Do for the suggestion and they will ask staff to keep them apprised of
opportunities to address the problem in the future. He also noted, however, that some property owners do
not like to have large numbers on their buildings for aesthetic reasons but will look fonvard to further advice
from staff in the future.
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 December 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-197 through 96R-200, beth inclusive, for adoption. Refer to Resolution Book.
Al.
175: Receiving and filing correspondence from the United States of America, Federal Energy
Regulatory Commission regarding Southern California Edison Company, Docket No. ER97o314-000,
a change in rate for scheduling and dispatching services, effective January 1, 1997.
173: Receiving and filing correspondence filed before the Public Utilities Commission of the State
of California (Application No. 96-10-038) regarding a joint application of Pacific Ente~orises, Enova
Corporation, Mineral Energy Company, B Mineral Energy Sub and G Mineral Energy Sub for
approval of a plan of merger of Pacific Enterprises and Enova Corporation with and into B Mineral
Energy Sub ('Newce Pacific Sub") and G Mineral Energy Sub ('New=o Enova Sub"), the wholly-
owned subsidiaries of a newly created holding Company, Mineral Energy Company.
164: Awarding a contract to the lowest responsible bidder, Vasilj Construction Company, in the
amount of $28,143 for Gerda Drive Sewer; and in the event said Iow bidder fails to comply with the
5
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 1996
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 biddem.
A3.
115: Awarding a contract to the lowest responsible bidder, Shook Building Systems, Inc., in the
amount of $142,500 for the base bid, and Additive Alternate 1 for Vermont Maintenance Yard
Storage Shelter Addition; 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.
A4.
169: Releasing the Iow bidder, W. A. Rasic Construction, from his bid; and awarding the contract to
the next lowest responsible bidder, Sequel Contractors, Inc., in the amount of $2,338,457.30 for
Harbor Boulevard Improvements and Beautification; and in the event said bidder fails to comply
with the terms of the award, awarding the contract to the next Iow bidder, as well as waiving any
irregularities in the bids of both the bidders.
Mayor Daly. This is yet another step in the ongoing effort to beautify the streets of Anaheim. It is a
significant step fon~ard for a key stretch of Harbor Boulevard.
Council Member Zemel asked why the Iow bidder is backing out.
City Attorney White. The Iow bidder made an arithmetical error in his calculations. Under State statutes,
after bids are opened, any bidder has the dght to notify the City they have made an error. If the City verifies
It was an arithmetical calculation error as opposed to a matter of judgment, by statute, the City must allow
the bidder to wIthdraw. That is what happened in this case and thus the recommendation that the bid be
withdrawn and to award the contract to the second Iow bidder.
A5.
A6.
A7.
A8.
A9.
Al0.
134: RESOLUTION NO. 96R-197: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM CONCERNING THE STATUS OF THE CIRCULATION ELEMENT OF THE CITY OF
ANAHEIM.
123: Accepting the Iow bid, and authorizing the execution of an Agreement with Landscape West,
Inc., in an amount not to exceed $208,560 for a two year peded beginning Januar~ 1, 1997 with
three one-year optional renewals for landscape maintenance at Anaheim West City pad,ways,
medians and berms, in accordance with Bid #5598.
123: Approving an Amendment to Agreement with Taormina Industries to recycle tree trimming
waste through December 31, 1997, at a cost of $40,000 per fiscal year.
123: RESOLUTION NO. 96R-198: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING THE SECOND COOPERATION AGREEMENT WITH THE ANAHEIM
REDEVELOPMENT AGENCY REGARDING DEVELOPMENT AND FUNDING OF THE
DOWNTOWN COMMUNITY CENTER.
000: RESOLUTION NO. 96R-199: A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF
ANAHEIM MODIFYING (FREEZING) THE AMOUNT OF THE PARK IN-LIEU FEE FOR CERTAIN
HOUSING BUILT OR SPONSORED BY THE ANAHEIM REDEVELOPMENT AGENCY AND
MODIFYING RESOLUTION NO. 96R-102.
130: RESOLUTION NO. 96R-200: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING, FOR THE PURPOSES OF REVIEW, FCC FORM 394 SUBMITTED BY
JONES GROWTH PARTNERS, II, L.P. RELATING TO A FRANCHISE TRANSFER AND
PRESCRIBING CERTAIN PROCEDURES RELATING THERETO. (continued from the meeting of
December 3, 1996, item a19.)
123: Authorizing the City of Anaheim to enter into an Agreement with Metricom, Incorporated for
the installation and operation of wireless data radio repeaters on City streetlights.
6
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 199R
All. 123: Approving the Hotel/Motel ULF Toilet Rebate Program that provides $60 rebates for up to
7,000 ultra-low-flush toilet retrofits in hotels and motels in Anaheim,
123: Approving Letter Agreement No. 7202 with the Metropolitan Water District of Southern
California to provide funding for 7,000 ULF toilet retrofits at $60 per fixture for a total funding
amount not to exceed $420,000; and authorizing the Public Utilities General Manager to execute
said Agreement and related documents on behalf of the City.
A12.
160: To waive Council Policy 306, and authorize the Purchasing Agent to issue a Purchase Order
to Pacific Bell, in an amount not to exceed $65,000 for video conferancing equipment for the City
Council and City Manager's Office. (Continued from the meetings of November 19, 1996, Item A13,
and December 3, 1996, Item Al0.)
This item was withdrawn by the City Manager.
A13. 185: Waiving the 30-day notice requirement as set forth in Development Agreement No. 96-01 to
facilitate a Disney Title Action.
A14. 114: Approving minutes of the Anaheim City Council meeting held November 19, 1996.
Council Member McCracken abstained on this item.
Roll Call Vote on Resolution Nos. 96R-t97 throuqh 96R-200, both inclusive, for ador~tiort:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS: McCracken, Zemel, Lopez, Daly
MAYOR/COUNCIL MEMBERS: None
MAYOR/COUNCIL MEMBERS: Talt
The Mayor declared Resolution Nos. 96R-197 through 96R-200, both inclusive, duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED. (Council Member Talt was absent)
ITEM B1 FROM THE PLANNING COMMISSION MEETING OF DECEMBER 9, t995.
FOR INFORMATION ONLY
BI.
179: CONDITIONAL USE PERMIT NO. 3680 - REQUEST FOR SUBSTANTIAl
CONFORMANCE: The Eli Home, 140 South Imperial Highway, Anaheim, CA 92804, requests
determination of substantial conformance review relative to modifying the materials used for the
perimeter wall and pilasters from a slumpstone block material to a framed wall with stucco finish
and a concrete block wall with stucco finish, both with a brick cap. Property is located at 100 South
Canyon Crest Drive.
ACTION TAKEN BY THE PLANNING COMMISSION:
To be acted upon by the Planning Commission on December 9, 1996.
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES DECEMBER t996
Mayor Daly. The Council just received the pepenvod( on this item wherein staff gave s recap of the issue
which was acted upon by the Planning Commission yesterday at the Commission meeting. He asked if this
was an item where the Council had 22 days to act if they wished to do so.
City Attorney White. This is not an item on which there is · normal appeal process. It is a determination
that the plan revision submitted conforms to the previously approved plan, i.e., that it substantially
conforms. There is no formal code process to handle this. If the Council should wish to review the decision
or diffem fmm the decision of the Planning Commission, it would be appmpriate to schedule the matter and
notify the applicant so that he would have s rigM to come in and present the same information presantnd to
the Planning Commission. He reiterated, there is no 22-day appeal period.
Mayor Daly, He surmises it is narrowly focused on the perimeter wail and pilaster materials; City Attorney
White stated that was correct.
No further action was taken.
END OF THE PLANNING COMMISSION ITEMS.
DI.
PUBLIC HEARING - WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO.
3878 AND NEGATIVE DECLARATION:
OWNER: THRIFTY OIL #191, 10000 Lakewood Blvd., Downey, CA 90240
AGENT: DAVID ROSE, 10000 Lakewood Blvd., Downey, CA 90240
LOCATION: 2101 SOUTH HARBOR BOULEVARD. Property is approximately 0.49 acre located
at the southwest comer of Orangewood Avenue and Harbor Boulevard.
To permit a gasoline service station and convenience mad(et with sale of beer and wine for off-
premises consumption with waivers of (a) minimum number of pad(lng spaces (APPROVED, IN
PART) and (b) minimum landscaping required (APPROVED, IN PART).
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3878 GRANTED, IN PART, with added conditions (PC96-118) (7 yes votes).
That within ninety (90) days from the date of this resolution, the developer shall submit to the
Environment and Safety Division of the Public Utilities Department for review and approval, a
complete delineation of the lateral and vertical extent of petroleum hydrocarbon contamination on
the subject property.
That within one hundred eighty (180) days from the date of this resolution, a soil remediation plan
shall be submitted to the Environment and Safety Division of the Public Utilities Department. Within
ninety (90) days of receipt of approval, the developer shall install the approved soil remedietion
system.
That there shall be no audio advertisement of beer and/or wine sales in the pump dispensing area.
That there shall be no on-site tables or seating areas on the premises.
Waiver of code requirement APPROVED, IN PART, waiver (a) APPROVED for 15 pad(lng spaces,
and waiver (b) APPROVED for 14 clustered trees.
Approved Negative Declaration.
HEARING SET ON: A letter of appeal of the Planning Commission decision was submitted by the applicant
Van Tower, Vice President, Thrifty Oil #191, 10000 Lakewood Blvd., Downey, Ca. 90240, in letter
dated November 13, 1996, and therefor a public hearing set this date. Informational item at the
meeting of December 3, 1996.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News - November 28, 1996.
Mailing to property ownem within 300 feet - November 22, 1996.
Posting of property - November 27, 1996.
8
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 10, 1996
STAFF INPUT:
See staff report to the Planning Commission dated November 13, 1996
Mayor Daly noted that the decision of the Planning Commission was appealed by Thdfty Oil Company. He
asked for a brief staff report before opening the Public Hearing.
Greg Hastings, Zoning Division Manager briefed the staff report to the Planning Commission dated
November 13, 1996. He also noted that 40 conditions warn imposed on the project.
John Lower, Traffic and Transpodation Manager. He briefed the Council on the reasons why staff
recommended and the Planning Commission approved the Conditional Use Permit permitting only two
driveways - one on Harbor which is a major arterial highway, and one on Orangewood whereas the
applicant's request is to retain two driveways on Harbor Boulevard. What has been adopted to protect the
integrity of the street system is City Standard No. 607 for driveway location, the principle of the Standard
being to minimize conflicts with the street system. The closing of the driveway on Had)or nearest to the
intersection is in accordance with Standard No. 607. It is also consistent with the Institute for
Tmnspertation Engineem (ITE) driveway location and design criteria. The standard calls for a minimum of
t10' between the driveway and the adjacent intersection vs. approximately 10' which is proposed. The
standard also calls for a minimum of one driveway for a lot frontage with up to 150'. He then reported on
the ADT (Average Daily Traffic) at the intemection at the present time and what it is projected to be in the
future considering the Anaheim Resort Ama and the I-5 censtmction. Further, a review of the accident
history showed 20-25% of the recorded accidents may be attributed to the multiple driveways. Staff
recommends that the Council uphold the Planning Commission decision.
Council Member Lopez. He noted that at that intemection, across the street them is also a Shell Service
Station which has two driveways. Them am stations up and down many streets in Anaheim where them am
two driveways. In view of that, he does not know how they can tell the applicant they are going to take away
a driveway. Them am throe driveways now and they am going to eliminate one. If they am going to start
limiting businesses to one driveway, he feels they am sending the wrong message. It makes sense to him
to have two driveways for exiting and entering. He does not understand the logic for one driveway at the
location.
John Lower. The gas station across the street has two driveways on Harbor. That same gas station has
only one ddveway on Orangewood and that is the driveway staff is concerned with at that comer of the
intemection because of the conflicts of a second driveway. These am the conflicts that would back traffic up
into the intersection. That is the equivalent of the driveway they am asking to be eliminated from the plan
under consideration. Regarding consistency, staff has historically and consistently recommended to the
Planning Commission the closure of the driveways which would result in vehicles slowing or stopping out
into the major intersection. Also, the proposed development has a frontage of 140' which the standard calls
for one driveway.
Mr. Lower then answered questions posed by Council Members relative to the driveways currently existing,
how circulation would occur on the site with one driveway, etc. He also noted that all driveways am wide
enough and intended to serve in and out traffic. Referring to the posted exhibit of the subject intersection,
what it does not shew is the driveway on Omngewoed. It would be possible to make a right tum into the
ddveway on Harbor and exit by the Omngewood driveway. He also clarified that relative to the Shell Station,
what he meant to say if he did not, it does have two driveways on Hanbor Boulevard and one on
Omngewoed. With that development, they closed the second driveway that previously had existed on
Orangewoed closest to the intersection of Harbor which would have resulted in the same vehicle conflict
points as with the subject proposal.
Mayor Daly opened the Public Hearing.
Mr. Van Tarver, Senior Vice President, Thrifty Oil Company. Their company is privately owned and
operates eight retail outlets in Anaheim. He is pmsant to discuss the issues already breached. He first
9
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER t0, 1996
introduced Larry Greer, a Professional Engineer, to give an analysis and study of the traffic circulation
conditions on the site.
Lam/ Greet, Greer and Company, Engineers and Planners, 1518 S. Dallas Drive, Anaheim 92804. He
bdefed his extensive four-page report attached to which was an accident diagram (Harbor
Boulevard/Orangewood - 1994-1996), a circulation diagram for the site and CliP accident data sheets giving
the details of accidents that have occurred in the intersection. (Letter dated December 12, 1996 to Mr. David
Rose, Thrifty Oil Company - subsequently submitted to the Council and made a part of the record). The
report contained analyses of specific traffic safety issues as demonstrated by past accident experience at
the intersection as wall as cimulation and access issues. The summary of his presentation and report
concluded that - the three driveways on Harbor have not contributed to any recent accident experience at
the Harbor/Orangewood intersection; Thrifty is proposing to reduce the number of driveways on the
Orangewood frontage from two to one and on Harbor from three to two; that the loss of the driveway on
Harbor results in additional on-site circulation or on-street recirculation through the intersection with added
intersection traffic; on-site problems that would be caused by the loss of the second driveway on Harbor.
Mr. Tarver then shewed slides of the site showing the condition the property was in and the condition since
they have cleared the property. They ara proposing what will be the 'flagship' of the Thdffy Oil Company. It
will be the most expensive facility the company owns and operates which they feel is important because the
location will be part of and is a gateway to the Anaheim Resort Area. The company has volunteered to
meet the development standards of the Resort Area including the bus stop issue. He emphasized their
main reason for the appeal has to do with the second driveway. When the project is completed, the
company will have close to $2 million invested. Thrifty is a privately-owned company and not a major oil
company. Each and every location has to stand on its own and have an opportunity to retum a profit to the
company. He also referred to letter dated September 19, 1996 sent to them from the Public Works
Department addressing the Harbor Boulevard Beautifican Program. He took issue with a couple of points
made - specifically, that the project is planned or located in a manner that will be most compatible with the
greatest public good and the least private injury and that the property sought to be acquired is necessary for
the Project.
Before concluding his presentation, Mr. Tarver spoke to other issues that were breached and refuted some
of the points made by staff in their presentation. They are anxious to move forward on the preject end have
met every requirement the City has asked of them. They have approval of the Planning Commission with
the exception of the ddveway matter. He asked that the Council support their appeal of the precess to
impreve the facility. They do not believe they can develop the property with just one d~iveway.
Mayor Daly. He asked staff for clarification that the only point of contention is the additional driveway and
simply whether the preperty will have two driveways or three driveways when the new project is built (two on
Harbor and one on Orangewood); Joel Fick, Planning Director answered that was correct.
Gary Johnson, Public Works Director and City Engineer. Relative to the accident history relayed by Mr.
Greet, to really do an analysis of the intersection would require examining the individual accident reports
accessed through the Police Department to find out the exact circumstances. They did not try to do that and
he does not believe that Mr. Greer did either because he just obtained the information. Staff has been very
consistent in the recommendation to close the ddveway which would have the most impact on traffic and
they have done se on the last five projects that have come before the Planning Commission. The example
of the Shell Station across the street is a good one. The ITE standards recommend that the location of
driveways should be as far away from the intersection as possible. In ten~s of traffic safety, this is a very
generous site. In upholding the Planning Commission reccmmendation, there would have to be some
redesign of the site and because it is a very generous site, it is his opinion that it would not be a serious
consideration for the developer.
Council Member Zemel. He asked if they do not improve the preperty but leave it as is, how many
driveways would there be on Harbor; John Lower answered there would be three.
Council Member Zemel asked if there were plans for condemnation of the property.
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ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 10. 1996
Gary Johnson. VVtth the acquisition program in the Anaheim Resort Area, they have deferred acquisition for
access rights on the property because there will have to be a far-side bus stop at that location. That issue
will come beck in January. The applicant mentioned public necessity and public interest. It is not
something they should be discussing this evening but will be the subject of a separate hearing. They will be
closing some driveways and asking the Council to condemn those. Answering Council Member Zemel, he
explained that with the plans as they develop, one driveway will remain on Had~or Boulevard. It is
consistent with staff's recommendation, consistent with the design and location of the far-side bus stop and
consistent with their standards that only one driveway be provided as far away from the intersection as
possible. The acquisition program would contemplate one very large driveway for ingress and egress and
the closure of the two smaller driveways - the one immediately at the intersection that the applicant wants
to leave open and the second or middle one.
Council Member Zemel. If they do not do the improvement, the City will still be closing them down.
Gary Johnson, The staff recommendation as they come fonvard for the acquisition will be to close two
driveways and leave one and that is consistent with the Planning Commission in their analysis and
recommendation to the Council. He reiterated, the design of the Anaheim Resort Project will locate the
OCTA bus stop at the far side in front of the property on Harbor. In order to do that, they will have to
eliminate two existing driveways. If nothing happens to the property, they will want to close those two
driveways so the bus stop can be located and they would then propose a widened third driveway
(approximately a 40' driveway) as far south as possible on the property. That is what staff will be proposing
in January if the Council upholds the Planning Commission recommendation.
Mayor Daly then posed questions relative to driveway width which were answered by both Mr. Johnson and
David Rose, Agent for Thrifty Oil. Mr. Rose also spoke to the eminent domain issue. He has before him a
memo from Mr. Johnson to the Council and a letter dated February 13, 1996 from OCTA indicating the far-
side bus stop is an option and the current bus stop does not have to be removed. (He then read a portion of
the letter). The second issue, pending the eminent domain headng in January, there is no opportunity for
them to use the far southerly driveway. The current pumps are perpendicular to Harbor Boulevard. Traffic
would be coming in off Harbor at the far southerly portion coming down and driving on sidewalks or off
sidewalks. There would be people pulling into the pumps and then backing out or ddving on the sidewalks
just to get out of the site.
Mayor Daly closed the Public Hearing.
Council Member Lopez. He is not going to support reducing the driveways to one on Harbor and asked for
advice as to the action that will provide for the two driveways.
City Attorney White. The Planning Commission approved the C.U.P. to allow the demolition and building of
a new service station and convenience market subject to conditions. The applicant is satisfied with the
decision to approve the permit but dissatisfied with two conditions, No. t and 2 that would require the
reduction of the number of driveways on Harbor from the currant three to one. The applicant's plan
proposes two. If the Council approves the permit, it would be necessary to modify the conditions approved
by the Planning Commission to allow the retention of two driveways on Harbor and one on Orengewood as
opposed to what the Planning Commission approved of one on Harbor and one on Orengewood. The action
would be to offer a resolution to approve the C.U.P. modifying the conditions to allow two driveways on
Harbor. He assumes that it would allow the engineering staff to still approve the location of where the
driveways will be in accordance with acceptable engineering practices so that City staff will still be able to
try to move the driveway away from the intersection.
Council Member Lopez. That is what he would like to do modify the conditions to allow two ddvoways on
Harbor and one on Orangewood and have staff figure out the dimensions/details.
City Attomey White. It would be a resolution approving C.U.P. 3878 subject to conditions with the
modification of the Planning Commission conditions to allow two ddvsways on Harbor and one driveway on
Orangewood.
11
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 1996
I~NVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member
Zemel, seconded by Council Member Lopez, the City Council approved the Negative Declaration upon
finding that it has considered the Negative Declaration together with any comments received dudng the
public review process, and further finding on the basis of the initial study and any comments received that
there is no substantial evidence that the project will have a significant effect on the environment. Council
Member Tait was absent. MOTION CARRIED.
Council Member Lopoz offered Resolution No. 96R-201 for adoption with the modification as articulated by
the City Attorney allowing two driveways on Harbor Boulevard and one ddveway on Orangewood. Refer to
Resolution Book.
RESOLUTION NO. 96R-201: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO, 3878 SUBJECT TO PLANNING
COMMISSION CONDITIONS BUT MODIFIED TO ALLOW 2 DRIVEWAYS ON HARBOR AND
ONE DRIVEWAY ON ORANGEWOOD AS REQUESTED BY APPLICANT,
Before a vote was taken, Council Member Zemel stated he was going to be supportive of the resolution. He
considers this an issue of property rights. He has not seen or heard sufficient infom~ation to support staff's
argument. Taking away ingress and egress to a business today means everything to the business. VV'rih
one driveway, the circulation within the lot becomes as big a problem. If the properly is not improved, there
will still be three driveways. It may be different than the policy they have regarding design standards and he
appreciates that but he reiterated it is a dghts issue. The project is going to be a good one. He is going to
support the proposed action.
Mayor Daly. The proposed project is an excellent one. There will be an improvement and if he understands
staff correctly, all landscape, signage, etc., is compatible with the Anaheim Resort Area plans; Joel Fick
interjected and stated that was correct. The signage is required to be a monument sign and will have to go
back for design review to the Planning Commission.
Mayor Daly. The artist's rendering of the project shows a pole sign. He asked if it is clear that it is going to
be a monument sign and that the rendering is approximate but not accurate in terms of reality; Mr. Fick
answered, yes.
Mayor Daly. He believes staff has been fair and consistent in terms of ddveway requests. The proposed
single driveway system as proposed by the City is wider than any of the existing driveways. He does not
think it is a matter of right or wrong so much as what will be the best for the neighborhood and traffic safety.
He is convinced there are traffic safety reasons to keep driveways away from comers. He does not feel
there is an ovenvhelming case either way, but for him in this case it is a judgment call and he intends to
support the staff recommendation as he has in the past. However, this is a well-designed project and he is
looking forward to seeing it go forward. He wishes the developer and staff could have gotten together on
the design. He will be voting in opposition to the proposed resolution.
Roll Call Vote on Resolution No. 96R-20f for adootion:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS: McCracken, Zemel, Lopez
MAYOR/COUNCIL MEMBERS: Daly
MAYOR/COUNCIL MEMBERS: Tait
The Mayor declared Resolution No. 96R-201 duly passed and adopted.
12
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 10, 1996
Cl.
114: APPOINTMENT/REAPPOINTMENT TO THE ORANGE COUNTY WATER DISTRICT
To consider the appointment/reappointment to the Orange County Water District Board, District 9.
Term expires December 6, 1996. This matter was continued from the meetings of October 1, 1996,
Item Cl, and November 19, 1996, Item Cl. to this date.
City Clerk Sohl. She has given the Council a list of four applicants and one additional letter was recaived
today. A total of five citizens are interested in being appointed to the position.
Council Member Zemel. He suggested that the matter be continued one week for full Council action.
Mayor Daly. He is inclined to do the same because of the fact that one application came in today. He has
not had a chance to talk to all of the applicants. The appointment to the Water Board will involve quite a
few meetings. Anaheim has a long history with the Water District. A one-week continuance is a good idea.
Council Member McCracken. Last week, she talked about some kind of process for Commissions and
appointments to those Commissions. She reiterated her request that somewhere along the line, there
should be an opportunity for the Council to meet with interested individuals. She feels that Anaheim has
come to that point.
Council Member Zemel. He would support that this be one of those appointments. This is not one that is
advisory to the Council by taking applications from people who have not been elected recently. There
needs to be serious consideration because whoever is appointed, can raise fees and not answer to the
electorate. He would echo Council Member McCracken's comments they should not take this lightly.
Mayor Daly. In the past when there are a vadety of applicants, the Council has the ability to contact those
applicants and find out what their approach will be and discuss qualifications. They do have the paperwork
and resumes from most of the applicants.
MOTION. Council Member Zemel moved to continue the subject appointment for one week for full Council
action. Mayor Daly seconded the motion.
Before a vote was taken, Council Member Lopez asked if it was possible to ask the applicant, not just for
this appointment but for all, to submit a photograph which would facilitate trying to place the name with the
person. He for one would like to have every applicant submit a photograph.
City Clerk Sohl. She does not know if they could require a photo, but can ask if they would like to submit
one.
A vote was then taken on the foregoing motion. Council Member Tait was absent. MOTION CARRIED.
C2.
114: COUNCIL REORGANIZATION - MAYOR PRO TEM:
Reorganizing the Anaheim City Council and designating a Mayor Pro Tern.
Council Member Zemel also suggested that there be a one-week continuance on this item for full Council
action; Council Member McCracken. She believes it is only fair that Council Member Tait be present as
well.
13
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 1996
MOTION. Council Member Zemel moved that the Council Reorganization be continued one week for full
Council action. Council Member McCrecken seconded the motion. Council Member Tait was absent.
MOTION CARRIED.
C3. REPORT ON CLOSED SI~SSlON ACTIONS:
city Attorney Jack White Stated that there are no actions to report.
C4. COUNC!~. COMMENTS:
114: CONSIDERATION OF TERM LIMITS FOR CITY BOARDS AND COMMISSIONS: Council Member
Zemel. He would like to have placed on a Council agenda in January consideration of term limits for City
Boards and Commissions. In the two years he has been on the Council, there has been some discussion,
but he would like to get that initiated and a discussion on the matter with the City Clerk sometime in
January.
City Clerk Sohl. As she explained at the meeting of December 3, 1996, she and other staff have been
working on a proposed policy relative to Boards and Commissions and can include term limits as one of the
options for the Council to consider.
Council Member Zemel. He reiterated his request that a discussion on terms limits for all City Boards and
Commissions be set for a Council agenda in mid January.
114: TRAFFIC SIGNAL NEAR RANCHO LA PAZ MOBILE HOME PARK - PARK RESIDENT
CONCERNS: Council Member Lopez. Relative to the concerns expressed by the residents of the Rancho
LaPaz Mobile Home Park (Rancho LaPaz MHP) on Orangethorpe at the meeting of December 3, 1996 (see
minutes that date), he did go to the site and made the left tums and right tums and there does appear to be
a problem. The residents of the park have been there for many years. He knows the park has been there
since he became a Police Officer 28 years ago. He sat and watched the seniors in their cars trying to get in
and out and he could see the anxiety they experienced trying to do so. He feels things have changed since
the signal was installed a short distance away in order to facilitate traffic for the industrial complex. He
would like to have staff try to resolve the problem. The light was installed to assure that businesses would
locate in the newly developed 53-acre parcel. He asked that staff try to resolve the problem of ingress and
egress to the mobile home park as a result of the new signal installation.
114: STATUS OF ABANDONED SHOPPING CART PROBLEM: Council Member Lopez. He attended a
meeting this morning with Cede Enforcement, the City Attorney and the people from the Grocer's
Association relative to picking up abandoned shopping carts. The issue is being worked on and it is a
concern of the entire Council. Mr. Feldhaus had initiated the action to do something and he (Lopez) joined
him at the time and hopes he (Lopez) still has the support of the Council to try to resolve this ongoing
problem. They are spending millions to beautify the City, but do not have the ability to remove the
abandoned carts from City streets. If anyone wants an update of what transpired, they can contact John
Poole, Code Enforcement Manager.
Mayor Daly. Council Members saw the packets the City Attomey prepared for them analyzing the current
law which regulates what the City may or may not do relative to abandoned shopping carts. He thanked the
14
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER t0~ 1996
City Attorney's Office - there is new food for thought for some of the options to control shopping certs in the
public ~ght of way.
114: STREET BEAUTIFICATION: Mayor Daly. He again requested a date for the wonV, shop to be held
regarding street beautification (stmetscape).
~ By general Council consent, the City Council Meeting of December 10, 1996 was
adjourned. (7:55 P.M.)
LEONORA N. SOHL
CITY CLERK
15